[HISTORY: Adopted by the Mayor and Council of the Borough
of High Bridge 2-9-2006 as Ch. 57, Art. I, of the 2006 Code of the Borough of High
Bridge. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, whether a resident of the Borough of High
Bridge or not, traveling either by foot, wagon, automobile, motor
truck or any other type of conveyance from place to place, from house
to house or from street to street, taking or attempting to take orders
for sales of goods, wares and merchandise, personal property of any
nature whatsoever for future delivery, or the services to be furnished
or performed in the future, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale or whether
he is collecting advance payments on such sale or not, provided that
such definition shall include any person who, for himself or for another
person, firm or corporation, hires, leases, uses or occupies any building,
structure, tent, railroad boxcar, boat, hotel room, lodging house,
apartment, shop or any other place within the Borough for the sole
purpose of exhibiting samples and taking orders for future delivery.
A person who travels through the public streets, and/or makes
periodic stops not exceeding one hour in duration at various locations
upon the invitation of the owners or persons in control thereof, for
the purpose of selling or offering for sale only food and/or beverages
prepared, packaged and intended for immediate human consumption.
Persons, partnerships, associations and corporations who
own and/or operate a temporary or transient merchandising business
within the Borough of High Bridge, including those who, for the purpose
of carrying on such business, hire, lease or occupy any building,
structure or area for the exhibition and sale of goods, wares and
merchandise and those who shall make a practice or business of consigning
merchandise to any auctioneer for sale in the Borough.
Any person who shall proceed from door to door within the
Borough of High Bridge in order to sell any merchandise.
Any natural person or legal person, including any corporation
or association.
[Amended 5-27-2021 by Ord. No. 2021-023]
No person shall hawk, vend or peddle any goods, wares or merchandise,
nor shall any person be a transient merchant, itinerant vendor, canvasser
or solicitor on public or private property within the Borough of High
Bridge without first having obtained a license as herein set forth.
A food vendor is not required to have both a peddling and soliciting
license and a food vendor license.
The purpose of this chapter is to prevent unauthorized business
practices, to provide for traffic and pedestrian safety by regulating
the use of streets and property adjacent thereto by persons or individuals
within the scope of this chapter, to prevent extended parking or trespassing
on private or public property, to prevent violations of the Borough
Land Use and Development Ordinance and, in the case of mobile food
vendors, to prevent violations of the State Sanitary Code, to protect
traffic and pedestrian safety and prevent violations of the Motor
Vehicle Code, and to generally provide for the safety of the residents
and merchants of this community in the best interest of its welfare.
A.
Applicants for a license under this chapter must be filed with the
Borough Clerk in duplicate, on a form to be furnished by the Borough
Clerk, a written application certified by the individual or, in the
case of a corporation or association, its president, secretary or
duly authorized agent, which application shall state the name and
residence of the owner or person in whose interest the business is
to be conducted, including all of the following information:
(1)
The names or names of the person or persons having the management
or supervision of the applicant's business during the time that it
is proposed that it will be carried on in the Borough; the local address
or addresses of such person or persons while engaged in such business,
the permanent address or addresses of such person or persons, the
capacity in which the person or persons will act (that is, whether
as proprietor, agent or otherwise); the name and address of the person,
firm or corporation for whose account the business will be carried
on, if any, and if a corporation, under the laws of what state the
same is incorporated.
(2)
The place or places in the Borough where it is proposed to carry
on the applicant's business, the scheduled date of the activity for
which a license is sought, and the length of time during which it
is proposed that the business shall be conducted. In furtherance hereof,
the applicant shall be required to submit a sketch depicting the exact
location on the property wherein the activities will be conducted,
and written approval of the property owner must be received. In the
event that during the life of the license the applicant desires to
amend the location on the property wherein the activities will be
conducted, the applicant shall be required to submit an amended sketch
depicting the new location and obtain necessary approval thereof.
(3)
The place or places, other than the permanent place of business of
the applicant, where the applicant, within the six months preceding
the date of the application, conducted a transient business, if any,
stating the nature thereof and giving the post office and street address
of any building or office in which said business was conducted.
(4)
A statement of the nature, character and quality of the goods, wares
and merchandise to be sold or offered for sale by the applicant in
the Borough; whether the same are proposed to be sold from stock in
possession or from stock by sample, at auction, by direct sale or
by taking orders for future delivery; where the goods or property
proposed to be sold are manufactured or produced; and where such goods
or products are located at the time the application is filed.
(5)
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract business. All such
advertising, whether handbills, circulars, newspaper advertising or
otherwise, shall be attached to the application as exhibits thereto.[1]
(6)
Whether or not the person or persons having the management or supervision
of the applicant's business have been convicted of a crime, misdemeanor
or the violation of any municipal ordinance, the nature of such offense
and the punishment assessed therefor.
(7)
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
(8)
Such other reasonable information as to the identity or character
of the person or persons having the management supervision of the
applicant's business or the method or plan of doing such business
as the Chief of Police may deem proper to fulfill the purpose of this
chapter in the protection of the public good.
(9)
A copy of applicant's sales tax certificate, where applicable, indicating
that the applicant is registered with the New Jersey Division of Taxation
to have sales tax authority with federal tax identification number
included.
(10)
A description of all motor vehicles to be used by the applicant
in connection with the activity for which a license is sought, including
the color, year, make, model and VIN number of such motor vehicles.
B.
All such applications shall be filed at least 30 days before the
scheduled date of the activity for which a license is sought.
C.
At the time of the filing of the application, a nonrefundable fee
of $25 shall be paid to the Borough Clerk to defray the costs of investigation
of the facts stated in said application.
A.
The Borough Clerk shall forward the application to the following:
(1)
Chief of Police. The Chief of Police shall make such investigation
of such person and such person's business responsibility and character
deemed necessary for the protection of the public good. Further, the
Chief of Police shall examine such place or places identified in the
application to determine whether such place or places are likely to
create traffic congestion or traffic hazards as a result of the location
thereof or as a result of pedestrians or operators of motor vehicles
utilizing such place or places.
(2)
Health Department (if the application involves a mobile food vendor
or other activities within the jurisdiction of the Health Department).
The Health Officer shall make such investigation of the application
to determine whether any applicable state statutes, regulations or
municipal ordinances or regulations pertain to the operation and determine
compliance of said operation with such statutes, regulations, and/or
ordinances.
(3)
Zoning Enforcement Officer. The Zoning Officer shall examine such
application to determine compliance with any applicable provisions
of the Borough's Land Use and Development Ordinance.
(4)
Fire Official. The Fire Official shall examine such application to
determine compliance with all applicable statutes, codes and regulations
applying to fire safety.
B.
If, as a result of such investigation, the applicant's character
and business responsibility are found to be satisfactory and if it
is determined that such place or places do not create a traffic safety
hazard, the Chief of Police shall so certify, in writing, to the Borough
Clerk. Further, if as a result of such investigation, the Health Officer
shall determine that the activity is not regulated by any applicable
state statute, regulation or local ordinance regulating health matters
or if so regulated, that the activity complies with all applicable
statutes, regulations or ordinances, he shall so certify, in writing,
to the Borough Clerk. Further, if as a result of such investigation,
the Zoning Officer shall determine that the proposed activity complies
with all applicable provisions of the Land Use and Development Ordinance,
he shall so certify, in writing, to the Borough Clerk. Finally, if
as a result of such investigation, the Fire Official shall determine
that the proposed activity complies with all applicable statutes,
codes and regulations pertaining to fire safety, he shall so certify,
in writing, to the Borough Clerk. The Borough Clerk upon receipt of
all such written certifications shall present the entire application
to the Borough Council at a public meeting, at which time the Mayor
and Borough Council, upon determination that the requirements set
forth herein have been met, shall approve issuance of the license.
Thereafter, the Borough Clerk shall promptly notify the applicant
that a license will be issued. The Borough Clerk shall keep a full
record in his/her office of all licenses issued. Such records shall
contain the number of the license, the date the same is issued, the
nature of the business authorized to be carried on, the amount of
the license fee, the expiration date of such license, the place where
said business may be carried on under said license and the name or
names of the person or persons authorized to carry on same.
C.
Prior to the issuance of a license, the applicant shall provide to
the Borough of High Bridge a certificate of insurance setting forth
the Borough of High Bridge as a named insured under the policy, with
a liability insurance limit of $1,000,000 per occurrence. In the event
that the applicant is a not-for-profit organization under Title 15A
or 16 of the New Jersey Statutes or qualified pursuant to Section
501(C) of the Internal Revenue Code [26 U.S.C.A. § 501(C)],
then such applicant may supply an indemnification agreement executed
by the appropriate officers in favor of the Borough of High Bridge.
D.
If as a result of such investigation, the applicant's character or
business responsibility is found to be unsatisfactory, the Chief of
Police shall endorse on such application his disapproval and his reasons
for the same and return the application to the Borough Clerk, who
shall notify the applicant that his application is disapproved and
that no license will be issued. The applicant shall have a right,
within 10 days, to appeal to the Borough Council, at which time the
applicant shall be required to show clear and convincing evidence
that the facts set forth in the investigation are inaccurate. A hearing
may be held by the Borough Council at any time within 60 days thereafter
upon 48 hours' notice to the applicant. At the conclusion of the hearing,
the Borough Council may determine to issue the license or may confirm
the denial of the license or may remand the matter to the Chief of
Police for further investigation. Any hearing conducted hereunder
shall be opened to the public unless provision for exclusion of the
public is authorized and warranted in the judgment of the hearing
authority under the provisions of the Open Public Meetings Act, N.J.S.A.
10:4-6 et seq.
A.
There shall be a nonrefundable fee payable at the time of issuance
of a food vendor's license as provided under this chapter in the sum
of $25 per day or $50 per month or $250 per six-month period.
B.
There shall be a nonrefundable fee payable at the time of issuance
of any other license as provided under this chapter in the sum of
$50 per day or $250 per month or $1,000 per six-month period.
C.
It shall be unlawful for any licensee under this chapter to transfer,
sell, share or give a license obtained under this chapter to any other
person.
A.
The Borough shall issue to each licensee at the time of licensing
a permit which shall contain the words: "Licensed by the Borough of
High Bridge." Such permit shall, during the time when the licensee
is engaged pursuant to said license, be displayed by the licensee
so as to be conspicuous.
B.
There shall be a fee of $25 per permit for each individual selling
items in association with each primary license holder.
A.
Every person who is required to hold a license or permit under this
chapter shall carry the same when engaged in the business for which
the license is issued. In addition, each licensee shall be required
to have on his or her person a full and complete copy of the application
for the license. Any alterations, erasures or mutilations shall void
the license.
B.
The licensee shall be required to exhibit his license at the request
of any citizen.
No licensee shall engage in the business for which the license
is issued in the Borough of High Bridge between the hours of 9:00
p.m. and 9:00 a.m.
No license granted under this chapter, nor any exemption from
the requirements of this chapter, shall relieve any person of the
standards and requirements of the Borough Land Use and Development
Ordinance.
No license shall be issued under this chapter for any period
of time exceeding six months. No person shall be eligible for the
issuance of any license(s), under this chapter, other than food vendor's
license(s), for any periods of time which will cumulatively exceed
six months in any twelve-month period.
A.
The licenses issued pursuant to this chapter may be revoked by the
Borough Clerk or his/her designee for any of the following causes:
(1)
Any fraud, misrepresentation or false statements contained in the
application for license.
(2)
Any fraud, misrepresentation or false statements made in connection
with the selling of goods, wares or merchandise.
(3)
Any violation of this chapter, state law or Borough ordinance.
(4)
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude.
(5)
Conducting the business licensed under this chapter in an unlawful
manner or in such manner as to constitute a breach of the peace or
to constitute a menace to the health, safety or general welfare of
the public.
(6)
Entering private property which clearly displays a "No soliciting
or peddling" sign at the entrance thereof without the invitation of
the owner or person in charge thereof.
B.
Notice of such revocation of a license shall be given in writing,
setting forth specifically the grounds of complaint. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address
and shall state that the licensee may appeal from any such revocation.
An appeal from any such revocation may be made to the Borough Clerk,
in writing, within 10 days of the date of the revocation. The Borough
Clerk shall then conduct a hearing, within 10 days, upon written notice
to the licensee, and shall render a decision within two days after
completion of the hearing. Thereafter, any aggrieved party may appeal
the decision of the Borough Clerk to the Borough Council by filing
a notice of appeal with the Borough Clerk within seven days of the
Borough Clerk's decision. The Borough Council shall hear such appeal
and render its decision within 45 days. Any hearing conducted hereunder
shall be open to the public unless provision for exclusion of the
public is authorized and warranted in the judgment of the hearing
authority under the provisions of the Open Public Meetings Act, N.J.S.A.
10:4-6 et seq.
A.
Any duly authorized political organization or any organization which
qualifies under Section 501(C) of the Internal Revenue Code or is
incorporated under Title 15A or 16 of the New Jersey Statutes shall
be exempt from the provisions of this chapter, except for the requirements
of filing an application and providing the Borough with an insurance
certificate or indemnification agreement.
B.
The Mayor and Borough Council, at its discretion, may exempt an applicant
from any provision of this chapter, for the purpose of allowing said
applicant to conduct the applicant's business on any federal holiday
or any day specifically identified and denoted by the Borough Council
as a "special event day."
A.
It shall be the duty of any police officer of the Borough of High
Bridge to require any person seen soliciting, canvassing, peddling,
hawking or vending, and who is not known by such officer to be duly
licensed, to produce said license, and to enforce the provisions of
this chapter against any person found to be violating same.
[Added 2-23-2017 by Ord.
No. 2017-05[1]]
[1]
Editor's Note: This article was adopted as Ch. 269, Charitable
Solicitation on Roadways. It was redesignated to fit the organization
of the Code.
The purpose of this article is to authorize and establish the
requirements and process by which charitable organizations within
the Borough of High Bridge shall be permitted to solicit contributions
in the roadway or a highway or intersection within the Borough subject
to certain restrictions and conditions, pursuant to a charitable solicitation
permit issued by the Borough.
As used in this chapter, the following terms, when used in this
section, shall have the meanings indicated:
Any person determined by the Federal Internal Revenue Service
to be a tax exempt organization pursuant to Section 501(c)(3) of the
Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
Any person who is, or holds himself or herself out to be, established
for any benevolent, philanthropic, humane, social welfare, public
health, or other charitable purpose, or for the benefit of law enforcement
personnel, firefighters or other persons who protect the public safety,
or any person who in any manner employs a charitable appeal as the
basis of any solicitation, or an appeal, which has a tendency to suggest
there is a charitable purpose to any such solicitation.
Any purpose described in Section 501(c)(3) of the Internal Revenue
Code of 1986, 26 U.S.C. § 501(c)(3); or
Any benevolent, philanthropic, humane, social welfare, public
health, or other charitable objective, or an objective that benefits
law enforcement personnel, firefighters, or other persons who protect
the public safety.
A permit issued by the Borough pursuant to this article.
The New Jersey Department of Transportation.
A multi-lane, divided highway having a minimum of two lanes
in each direction and limited access.
State highway property and property rights, including easements,
owned and controlled by the Department.
A public right-of-way, whether open or improved or not, including
all existing factors of improvements.
The portion of the roadway that lies between the edge of
the traveled way and curbline, excluding auxiliary lanes.
The portion of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
A.
Pursuant to N.J.S.A. 39:4-60, charitable organizations are hereby
permitted to solicit contributions in the right-of-way of a roadway
or state highway located within the Borough subject to the provisions
and restrictions contained in this article.
B.
Under no circumstances may a charitable organization conduct a charitable
solicitation without first having obtained a permit from the Chief
of Police.
A.
No single permit may be issued for more than two days. No charitable
organization will be given more than one permit within a calendar
year.
B.
Each charitable solicitation covered by this article shall require
the issuance of a separate permit.
C.
The Chief of Police shall determine the hours of solicitation on
the days for which the permit has been issued.
A.
A charitable organization seeking issuance of a charitable solicitation
permit shall file an application with the Chief of Police on forms
provided by the Chief of Police.
B.
An application for a charitable solicitation permit shall be filed
with the Chief of Police not less than seven days before the date
upon which it is proposed to conduct such the solicitation.
(1)
Contents of charitable solicitation permit. The application for a
charitable solicitation permit shall set forth the following information:
(a)
Name, address and telephone number of the authorized charitable
organization seeking to conduct the charitable solicitation.
(b)
Date and times upon which the solicitation is proposed.
(c)
Method of charitable solicitation, (i.e., coin toss using blankets).
(d)
Specific location or location of proposed charitable solicitation
(i.e., the name(s) of the roadway and the precise location on the
roadway).
(e)
Contact person for the charitable organization.
(f)
Names of the persons (solicitors) conducting the charitable
solicitation on behalf of the charitable organization at each proposed
location.
(g)
Any additional information which the Chief of Police shall find
reasonably necessary for the fair determination as to whether a permit
should be issued.
C.
If the proposed charitable solicitation is to be conducted upon any
county highway, road or intersection, the authorized charitable organization
must submit written evidence of approval by the Hunterdon County Board
of Freeholders pursuant to N.J.S.A. 39:4-60.
D.
Permit requirements.
(1)
The Chief of Police is hereby authorized to sign the charitable solicitation
permit on behalf of the Borough.
(2)
The Chief of Police shall be responsible for supervising the solicitation
and enforcing the terms of the charitable solicitation permit.
(3)
The charitable solicitation permit issued by the Borough and the
charitable solicitation permit issued by the Department shall be in
the possession of the solicitor for the charitable organization during
all times of solicitation and be available for inspection by the state,
county and Borough police enforcement personnel.
A.
The Chief of Police may deny a permit based on the following reasons:
(1)
To ensure that traffic flow is not unreasonably impeded, interrupted,
or delayed;
(2)
The design of the particular roadway, highway and/or intersection,
turning movements, traffic densities, and/or speeds do not permit
the safe interaction between the solicitor and vehicular traffic;
(3)
The solicitation would interfere with construction activity; or
(4)
To protect the public safety.
B.
If the Chief of Police denies a permit, the notice of denial will
set forth the reasons for the denial.
C.
An applicant who has been denied a charitable solicitation permit
may appeal such denial to the Borough Council within 30 days of the
initial denial by the Chief of Police or the denial of the request
for reconsideration, whichever is later.
D.
The applicant may submit a written request for reconsideration by
the Chief of Police, within 30 days of denial of a permit. The Chief
of Police shall provide a written decision on the request for reconsideration
within 30 days of receipt of the written request.
E.
The Borough Council shall render a decision to the applicant within
30 days of receipt of a written request.
The Borough waives any fees in connection with this solicitation.
A.
Solicitation of contributions is prohibited along traffic circles
or highway or roadway segments determined to be inappropriate by the
Chief of Police or his or her designee in the interest of public safety.
B.
Solicitation is permitted only at signalized intersections or when
the existing traffic control device causes temporary interruption
in the flow of normal traffic.
C.
The Borough Police may suspend solicitation operations at any time
if any condition of a state, county or municipal permit is violated
or if, in the police officer's sole discretion, traffic is being impeded
or delayed or the public safety is at risk.
D.
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
E.
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of a flagman shall be prohibited.
F.
The charitable organization shall be responsible for cleaning up
any of its debris from the roadway.
G.
Solicitation shall only be permitted during daylight hours, subject
to the hours of solicitation set forth in the permit.
H.
Solicitors shall not drink alcoholic beverages, use drugs or be under
the influence of drugs or alcohol when soliciting.
I.
Each person soliciting charitable contributions on behalf of the
charitable organization shall be at least 18 years of age and a member
of the charitable organization.
J.
Solicitors shall not touch any vehicle or rap on any window or in
any way intimidate the occupants of any automobile.
A.
All solicitors shall wear safety vests that are in accordance with
Department standards.
B.
Parking of vehicles shall comply with applicable traffic regulations.
Off-site parking shall be utilized wherever feasible.
C.
Coin tosses using blankets located off the traveled way are the preferred
method of solicitation and strongly encouraged. All other methods
of solicitation shall require the approval of the Chief of Police
and shall be set forth in the permit issued.
D.
The solicitors shall not install any traffic control devices.
A.
Signs advertising the solicitation are permitted, but they must be
of temporary construction and breakaway to the extent possible.
B.
Signage shall be a maximum of 16 square feet.
C.
Signage shall be in accordance with the temporary signage standards
contained in the Manual on Uniform Traffic Control Devices.
E.
Signs shall not be permitted in the traveled way or in medians less
than eight feet in width.
F.
All signs warning, noticing or advertising solicitations shall be
removed within 24 hours following the solicitation event.
The Borough of High Bridge shall not be liable in any civil
action for damages for personal injury or property damage resulting
from a motor vehicle accident arising out of or in the course of solicitations
for the purpose of soliciting contributions conducted by the charitable
organization as defined in this article.
Any person guilty of violating a provision of this article shall
be liable for a fine not to exceed $100 for each day of such violation.
