Borough of Wallington, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 227.
Handbills — See Ch. 234.
Noise — See Ch. 268, Art. I.
Scavengers — See Ch. 289.
[Adopted 5-13-1970 as Sec. 5-1 of the 1970 Revised General Ordinances (Ch. 239, Art. I, of the 1992 Code)]

§ 272-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
LICENSE CLASSIFICATION
The separate category of license for each of the persons defined by this section.
NEW MERCHANT
A person who engages in business in the Borough, irrespective of the permanent or temporary nature of the business, by occupying premises for the sale of merchandise during and not longer than one year after the opening of the premises.
NON-PROFIT-MAKING VENDOR
A person who sells goods, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he acts as an agent without pay.
PEDDLER
A person commonly referred to as a "peddler" or "hawker" who goes from place to place by traveling on the streets or from house to house and carries with him goods and merchandise for the purpose of selling the same to consumers or who places wares on the street, sidewalk or similarly accessible area for the purpose of selling the same to consumers.
[Amended 3-27-1975 by Ord. No. 75-6]
TRANSIENT MERCHANT
A person commonly referred to either as a "transient merchant" or "itinerant vendor" who engages in merchandising business in the Borough with intent to close out or discontinue the business within a period of one year from the date of commencement and occupies a room or building, tent, lot or other premises for the purpose of selling goods, wares and merchandise.
TRANSIENT MERCHANT PEDDLER
A person who engages in business in the manner defined in the definition of "transient merchant" above and, in pursuance thereto, becomes a peddler or hires a peddler as defined in the definition of "peddler" above.

§ 272-2 License required.

It shall be unlawful for any peddler, transient merchant, transient merchant peddler, non-profit-making vendor and new merchant to sell or dispose of or offer to sell or dispose of any goods, wares or merchandise within the Borough without first obtaining a license and having paid the required license fee.

§ 272-3 Exemptions.

A. 
The requirements of this article shall be deemed not to include the following persons, who are expressly exempt from its application:
(1) 
Any person honorably discharged from the military, naval or marine forces of the United States.
(2) 
Any blind person who is a resident of the Borough.
(3) 
Any person conducting a sale pursuant to statute or court order.
(4) 
Any person who is an exempt member of a volunteer fire department as defined by P.L. 1911, c. 133.[1]
[1]:
Editor's Note: See N.J.S.A. 45:24-9 et seq.
B. 
Any person excluded from the requirements of this article shall register with the Police Department by giving his name, address, a detailed explanation of the business he is conducting, the name and address of the person he is representing and documentary proof that he is excluded.

§ 272-4 Application for license.

Any person desiring a license shall file with the Clerk an application, separate forms being provided for each license classification. The application shall contain the following information.
A. 
For all classifications:
(1) 
The name of the applicant.
(2) 
Permanent residence address.
(3) 
The name and address of the person represented and the names and addresses of the persons from whom goods making up the stock shall be purchased.
(4) 
Three business references.
(5) 
The place or places of residence of the applicant for the preceding three years.
(6) 
The length of time for which the license is desired.
(7) 
A description of the goods or merchandise to be offered for sale.
(8) 
In the case of peddlers using vehicles, a description clearly identifying the vehicle to be used by the peddler.
(9) 
Complete information on any arrests or convictions, other than traffic offenses, and the nature of the offenses for which arrested or convicted.
(10) 
A letter from the person for whom the applicant purports to work, authorizing the applicant to act as representative.
B. 
For transient merchant licenses.
(1) 
In addition to the information required by Subsection A, the application shall set forth:
(a) 
A sworn statement of the true invoice of the amount, average quality or kind and value of the goods to be offered for sale.
(b) 
A statement of the location of the goods by street and number and whether the goods are on the premises from which they sold or are in a warehouse.
(2) 
In the discretion of the Clerk, bills or invoices of purchase for such goods shall be appended to the application.
C. 
For transient merchant peddler licenses. In addition to the information required by Subsections A and B, the application shall set forth:
(1) 
The name and address of each peddler acting for the merchant.
(2) 
Three personal references for each peddler.

§ 272-5 Character of business to be established; bond.

For transient merchants, transient merchant peddlers and new merchants, the Clerk shall establish the character of the business by:
A. 
Eliciting a declaration of intention, in writing, of any new businessman as to whether he intends to remain within the Borough temporarily or longer than a period of one year.
B. 
Requiring the filing of a bond in an amount equal to 25% of the value of the applicant's stock, and in no event shall the bond be in an amount less than $1,000, with a surety or collateral security approved by the Council or, in lieu thereof, cash.
(1) 
The bond shall be declared forfeited upon conclusive proof of:
(a) 
Falsification in application for license.
(b) 
Willful violation of federal, state or municipal law.
(c) 
Removal from the Borough within one year after opening the business premises without payment of the license fee required of transient merchant or transient merchant peddlers.
(2) 
The bond of each merchant continuously conducting a vending business for more than one year shall be surrendered, and no further license shall be required of him under this section.

§ 272-6 Investigation of application; issuance of license.

A. 
Upon the filing of the application for a peddler's or non-profit-making vendor's license, the Clerk shall verify the information respecting the moral character and financial status of the applicant and approve or reject the application on its reverse side.
B. 
Upon verification of the application and approval and payment of the prescribed fee, the license shall be issued by the Clerk, provided that no license shall be issued for peddling meat-food products intended for human consumption and not sold in original packages or containers or otherwise similarly protected from exposure to the air and direct handling between production and retailing thereof without first procuring written approval of the Board of Health of the Borough as to the kind of equipment and vehicle to be used to safeguard and ensure the sanitary protection, distribution and handling of such meat-food products, which approval shall be endorsed on the reverse side of the application and attested by the Secretary of the Board.
C. 
Upon the filing of the application for a transient merchant's, transient merchant peddler's or new merchant's license and the filing of a bond, the Clerk shall refer the application to the Council, which shall, after investigation of the application and bond as to sufficiency of surety or collateral security, in its discretion, by resolution authorize the issuance of the license by the Clerk.

§ 272-7 License not transferable.

A license shall not authorize any person except the designated person named in the license to engage in business. The license shall not be transferable from the person to whom issued to any other person. A separate license must be obtained by a licensed peddler for each agent or employee working for him, except that one helper shall be allowed without an additional fee being paid. A separate license must be obtained by a transient merchant for each branch or separate place of business in which his business is conducted, and each license shall authorize the person to conduct business at the location which is indicated therein. A license issued to a peddler of meat-food products shall authorize the person and one helper to peddle using the vehicle indicated therein, and in the event of substitution of one vehicle for another, a transfer of the license from one vehicle to another shall be obtained from the Clerk in the same manner as in the issuance of the original license, without additional fee. No helper shall be permitted unless he is actually accompanied by his licensed employer.

§ 272-8 Form of license; records to be kept; reports.

A. 
All licenses shall be issued on forms drawn in accordance with this section, shall be printed in book form with corresponding stubs and shall be consecutively numbered. The license shall contain suitable blank spaces for writing in the name, kind of license granted, location of the business, amount of fee paid and dates of issuance and expiration. It shall bear a photograph approximately 2 1/2 inches by 2 1/2 inches in size of the licensee, to be furnished by him.
B. 
There shall be kept in the office of the Clerk the necessary books for recording the time the license is received, showing its kind, whether new or renewal, the name of the licensee, regular number of application form, when the application was approved, the amount of the fee received and the dates of issuance and expiration of the license.
C. 
The Clerk shall file a monthly report with the Council showing the number of licenses granted, classified according to their kind, and the amounts of fees received therefor. The monthly report shall be cumulative during the course of the year so that each report summarizes the action of all preceding months of the current year.

§ 272-9 Display of license.

[Amended 9-22-1994 by Ord. No. 94-29]
Each licensee, helper, agent or employee of the licensee shall be required to carry the license or a copy of the license with him or her while engaged in business. He shall produce the license on request of any official of the Borough. A transient merchant peddler, non-profit-making vendor or new merchant shall also post the license or a copy thereof in a prominent place at his business address.

§ 272-10 License fee; duration; exceptions.

[Amended 3-27-1975 by Ord. No. 75-6; 12-18-1975 by Ord. No. 75-18; 8-18-1988 by Ord. No. 88-4; 9-22-1994 by Ord. No. 94-29]
A. 
License fees shall be as follows:
(1) 
For any person subject to this article individually: $100 per annum.
(2) 
For any person subject to this article and one helper: $150 per annum.
(3) 
For any person subject to this article, having more than one helper: $750 per annum.
B. 
All licenses required to be issued pursuant to this article shall terminate on January 1 following the date of issuance, irrespective of the fact that it has not been one calendar year since its issuance.
C. 
License fees for non-profit-making vendors shall be $100 per annum.

§ 272-11 Suspension or revocation of license.

A license may be revoked by the Council for violation of the terms thereof or of any federal, state or municipal law or falsification in the application for license, after a hearing granted to the licensee upon his request. A license may be suspended for not more than 30 days by the Clerk without a hearing.

§ 272-12 Violations and penalties.

[Added 12-20-1993 by Ord. No. 93-19[1]]
Any violation of this article shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 5-13-1970 as Sec. 5-2 of the 1970 Revised General Ordinances (Ch. 239, Art. II, of the 1992 Code)]

§ 272-13 Purpose.

It is determined that the legitimate business or practice of soliciting and canvassing from door to door, regardless of purpose, affords a means for the criminally minded to obtain admittance to private homes in furtherance of some present or future unlawful objective and an opportunity for the practice of fraud, deceit and dishonest dealing by the unscrupulous minority, with redress difficult because of lack of means of identifying the solicitor. Consequently, public safety and welfare require that those going from door to door for such purpose be first required to give such information as will identify themselves and prevent possible abuse of the right by the criminally inclined.

§ 272-14 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CANDIDATE
An individual seeking election to a public office of the federal or state government or of a county, municipality or school district at a primary, general, municipal or county election, except that the term shall not include the office of County Committeeman or County Committeewoman.
[Added 10-10-1973]
EXPRESS INVITATION
Includes the making of calls as a part of a service to which the occupant of the house subscribes.
POLITICAL INFORMATION
Any statement, including but not limited to press releases, pamphlets, newspapers, advertisements or flyers, which reflects the opinion of the members of the organization or any candidate or candidates for public office on any public question or on any legislation or which contains facts on any such candidate, public question or legislation.
[Added 10-10-1973]
POLITICAL INFORMATION ORGANIZATION
Any two or more persons acting jointly or any corporation, partnership or any other incorporated or unincorporated association, whether or not it is required to be registered pursuant to the New Jersey Campaign Contributions and Expenditures and Reporting Act,[1] which is organized for the purpose of or which provides political information concerning any candidate or candidates for public office or with respect to any public question or which seeks to influence the content, introduction, passage or defeat of legislation.
[Added 10-10-1973]
SOLICIT
Includes the act of going from door to door or house to house within the Borough without prior express invitation or request from the occupant of the premises at which the call is made for any purpose or in any fashion, including but not limited to the vending, distribution, dissemination or delivery of goods, wares, merchandise or services or of written, oral or recorded intelligence or communication or invitation of any kind other than giving an alarm of fire or similar emergency warning or in the discharge of some governmental duty or requesting, inviting or taking orders or subscriptions for present or future delivery or furnishing of any such things or matters or for the purpose of making canvasses, surveys or the like or doing any other act which is commonly comprehended in the terms of soliciting, canvassing or peddling.
[1]:
Editor's Note: See N.J.S.A. 19:44A-l et seq.

§ 272-15 Registration required; exception.

[Amended 10-10-1973]
No person shall solicit from door to door within the Borough without first registering and obtaining a registration card from the Chief of Police; except, however, that any person representing a political information organization or any political candidate shall not be required to pay any registration fee nor complete the registration form required herein. Any such person representing a political information organization or any political candidate shall, however, prior to engaging in any solicitation from door to door within the Borough, report to the Chief of Police and submit to him the solicitor's name and address; affirm, in writing, that the proposed solicitation is relating to a political organization or a political candidate; and report the approximate number of days and dates such solicitation is intended to be conducted within the Borough. Thereupon, the Chief of Police shall issue such political solicitor a registration card pursuant to the provisions of § 272-19 hereof, without the requisite photograph.

§ 272-16 Contents of registration form.

A. 
Each applicant for registration shall set forth the following full, exact and true information on a registration form prepared by the Chief of Police:
(1) 
The applicant's name, permanent and temporary residence and business address.
(2) 
Social security number.
(3) 
Height, weight and other personal identification data, including identifying marks.
(4) 
Purpose of the proposed solicitation.
(5) 
The name and permanent address of the person for whom he is acting, together with a copy of a written credential from the person to so act, stating their exact relationship.
(6) 
The place where the goods or services to be sold or offered are manufactured, prepared or produced and where then located.
(7) 
The names and addresses of two references, preferably owners of real estate in Bergen County or the State of New Jersey, or, in lieu thereof, such other available evidence as to his good character as will enable an investigation to corroborate that fact.
(8) 
Any prior convictions of federal, state or municipal offenses, including the nature thereof and sentence imposed.
(9) 
The route, date and approximate hours of solicitation in the Borough (which shall be between the hours of 8:00 a.m. and 5:00 p.m.).
(10) 
The registration number of any vehicle he will use and his driver's license data.
B. 
A recent, clear and accurate photograph approximately 2 1/2 inches square of the applicant's face shall be furnished in duplicate by the applicant.

§ 272-17 Registration fee; renewal.

[Amended 12-18-1975 by Ord. No. 75-18; 8-18-1988 by Ord. No. 88-4]
A. 
The applicant shall, at the time of completing written registration, deposit with the Chief of Police for the use of the Borough the sum of $2 to defray part of the cost to the Borough of the registration form and incidental cost of the investigation and administration of this article.
B. 
Each registration shall be renewed annually.

§ 272-18 Investigation of applicant.

A. 
Upon completion of the form and deposit of the cost, the Chief of Police shall promptly initiate, within 10 days thereafter, an investigation designed to corroborate the registration data, prior criminal record, moral character and, in the case of commercial solicitations, the business responsibility of the registrant; provided, however, that if the investigation has not been completed within 10 days, the applicant will be issued a temporary registration card subject to completion of the investigation.
B. 
If the investigation indicates that the registrant has been convicted of an offense involving moral turpitude or if the registration information is false or misleading in any material respect or his moral character (or business responsibility in the case of commercial solicitation) or record of other offenses is of such a nature as to present a clear and present danger to public good, safety and welfare, the Chief of Police shall note his findings in that respect on the registration form, together with his disapproval, and furnish the applicant with a copy by certified mail to his permanent address or by handing it to him personally, and no registration card shall be issued, provided that the registrant shall have the right, within 10 days of the date of notice, to file a request with the Council for a review thereof. The Council shall promptly fix a time and place at which the registrant may be heard and the matter reviewed and shall either affirm or reverse the disapproval of the Chief of Police and, in the latter event, order a registration card to be issued.

§ 272-19 Issuance of registration card.

A. 
Upon compliance by the applicant with the terms of this article and upon approval of his registration by the Chief of Police, there shall be issued to the registrant a registration card indicating that the person named thereon is registered in accordance with the terms of this article. Such card shall have securely affixed thereto one of the photographs submitted and shall be signed by the Chief of Police in such fashion that part of his signature extends over a part of the photograph.
B. 
No registrant shall be required to register more than one time, provided that he promptly advises the Chief of Police of any change in his registration data and, upon request, furnishes new photographs when the ones provided become unrepresentative of his likeness.

§ 272-20 Suspension or revocation of registration card.

Registration cards shall remain the property of the Borough and may be immediately suspended by the Chief of Police for any violation of this article and, within five days of such suspension, upon written notice of the reasons therefor and an opportunity to be heard, revoked by the Council for such cause.

§ 272-21 Rules and regulations.

[Amended 10-10-1973]
A. 
The registrant shall carry his registration card at all times while soliciting and exhibit it to any person upon request.
B. 
The registrant shall deposit the card with the Chief of Police at the end of each day's solicitation and pick it up at the police station before commencing the next day's solicitation, except that this regulation shall not apply to political solicitors.
C. 
The registrant shall promptly notify the Chief of Police of any change of address or any change in any of the data he has given on his registration form.
D. 
No registrant shall solicit before 8:00 a.m. or after 5:00 p.m. or at any time on Sunday, except that this regulation shall not apply to political solicitors.
E. 
No registrant shall solicit at any residence or other building when barred by the householder by a sign with words to the effect that solicitors or peddlers are not invited or are prohibited.

§ 272-22 Violations and penalties.

[Added 12-20-1993 by Ord. No. 93-19[1]]
Any violation of this article shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).