Township of Little Falls, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the governing body of the Township of Little Falls 12-18-1995 by Ord. No. 753 as Sec. 4-3 of the 1995 Revised General Ordinances. Amendments noted where applicable.]

§ 151-1 License required.

A. 
It shall be unlawful for any solicitor or canvasser, as hereinafter defined, to engage in such business within the Township without first obtaining a license therefor in compliance with the provisions of this chapter.
B. 
It shall be unlawful for any peddler, as hereinafter defined, to engage in such business within the Township without first obtaining a license therefor in compliance with the provisions of this chapter.

§ 151-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER or SOLICITOR
Any individual, whether a resident of the Township of Little Falls or not, traveling either by foot or by 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 the sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual is carrying or exposes for sale a sample of the subject of such sale or whether he is collecting advance payment on such sale or not, and shall further include persons traveling as aforesaid from place to place, from house to house, or from street to street for the purpose of making canvasses, surveys and/or other solicitations including canvasses, surveys and/or solicitation of a charitable, educational or other nonprofit nature, except the following which shall be exempt from the provisions of this chapter: organizations such as but not limited to school or educational clubs or organizations; scouting organizations; athletic programs; church, parish or religious organizations; civic clubs and organizations. The language of this definition shall not include wholesale salesmen who periodically call upon retail merchants.
[1]
PEDDLER
Any person traveling on foot or by any automotive vehicle or other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, food, farm products, or provisions, and offering the same for sale.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 151-3 Application for licenses.

Applicants for licenses under this chapter must file with the Chief of Police sworn applications in writing, in duplicate, on a form to be furnished by the Chief of Police, which shall give the following information and costs:
A. 
Name and description of the applicant.
B. 
Permanent home address and full local address of the applicant.
C. 
Brief description of the nature of the business and goods to be sold.
D. 
If employed, the name and address of the employer together with a written authorization from the employer authorizing the applicant to act on its behalf.
E. 
The length of the time for which the right to do business is desired.
F. 
The place where the goods and property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery.
G. 
Three color photographs of the applicant taken within 60 days immediately prior to the date of filing of the application, which pictures shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
H. 
The fingerprints of the applicant, as well as any fees dictated by the New Jersey State Police and/or the Federal Bureau of Investigation for the processing thereof.
I. 
The names of at least two references who will certify as to the applicant's good character and business responsibility, or in lieu thereof, such other available evidence as to the good character and business responsibility of the applicant as will enable the Chief of Police to properly evaluate such character and business responsibility.
J. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, the time and place of conviction and the punishment or penalty assessed therefor.
K. 
In the case of an application for peddler's license, provisions of this chapter that are applicable only to solicitors and canvassers shall not be applicable to peddlers.

§ 151-4 License fees.

[Amended 12-22-2008 by Ord. No. 1060]
At the time of filing the application, a fee as set forth in Chapter 71, Fees, shall be paid to the Chief of Police to cover the costs of the investigation of the facts stated therein and the issuance of the license. In the case of renewal of a license, the fee shall be as set forth in Chapter 71, Fees.

§ 151-5 Investigation of applicant; right of appeal; hearing.

A. 
Upon receipt of an application, the Chief of Police shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. If as a result of the investigation, the applicant's character or business responsibility is found by the Chief of Police to be unsatisfactory, and the issuance of the license deemed to be contrary to the public good, the Chief of Police shall endorse on the application his disapproval and his reason for the same and shall notify the applicant that his application is disapproved.
B. 
In the case of disapproval of an application by the Chief of Police, the applicant shall have a right of appeal to the governing body. The appeal shall be taken by a written notice of appeal filed with the Township Clerk within 10 days after the written disapproval by the Chief of Police. Upon the taking of such an appeal before the governing body, the applicant shall have the burden of proving that the action of the Chief of Police was arbitrary, capricious, and unreasonable.
C. 
If the applicant requests a formal hearing, such a hearing shall be afforded by the governing body at the next regularly scheduled meeting after the filing of the notice of appeal. The decision rendered by the governing body shall be final.
[Amended 12-20-2004 by Ord. No. 952]

§ 151-6 Issuance of license.

If as a result of the review of the application and conduct of an appropriate investigation, the character and business responsibility of the applicant is found to be satisfactory by the Chief of Police, he shall endorse upon the application his approval and shall issue a license to the applicant. The license shall contain the signature of the Chief of Police and shall show the name and address and photograph of the applicant, the kinds of goods to be sold thereunder, the date of issuance, and the length of time the license shall be operative. The Chief of Police shall keep a permanent record of all licenses issued by him.

§ 151-7 Badges.

The Chief of Police shall also issue to each licensee, at the time of delivery of his license, a badge which shall contain the words "Licensed Solicitor" or "Licensed Peddler" as the case may be, and which shall indicate the period for which the license is issued and the kind of goods to be sold thereunder. The said badge shall also contain a two-inch-by-two-inch color photograph of the licensee. Such badge shall, during the time the licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous.

§ 151-8 Term of license; renewal.

A license shall be valid for a period of six months and may be renewed from time to time for additional periods of six months each. Where a license is sought to be renewed, the application for a renewal shall be sworn to by the applicant and he shall indicate whether any of the facts given in the initial application have changed and if there have been changes of facts, then all of those changes shall be set forth with particularity in the application for renewal. No photographs shall be required in an application for renewal.

§ 151-9 Exhibition of license and badge.

Every licensee, in addition to exhibiting his badge, at all times shall be required to exhibit his license if requested by any citizen being solicited.

§ 151-10 Enforcement.

It shall be the duty of the members of the Police Department of the Township to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his solicitor's or canvasser's license and enforce the provisions of this chapter against any person found to be violating the same.

§ 151-11 Revocation of license.

Any license issued pursuant to this chapter may be revoked by the governing body after notice of hearing, for any of the following reasons:
A. 
Fraud, misrepresentation or false statement contained in the application for a license.
B. 
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or canvasser or peddler.
C. 
Any violation of this chapter.
D. 
Conviction of any crime or misdemeanor involving moral turpitude.
E. 
Conducting the business of soliciting or canvassing or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or which constitutes a menace to the health, safety or general welfare of the public.

§ 151-12 Notice of hearing for revocation of license.

Notice of hearing of the revocation of a license shall be given in writing setting forth the grounds of complaint and the time and place of the hearing, and shall be mailed, certified mail, to the licensee at his address as set forth in the application at least five days prior to the date set for hearing. In addition to the right of revocation by the governing body upon notice and hearing, the Chief of Police shall have the right to temporarily suspend, pending hearing, any license issued under this chapter if such temporary suspension is deemed by the Chief of Police necessary to protect the health, safety or general welfare of the public. A temporary suspension by the Chief of Police shall be valid for a period not to exceed 15 days or until a hearing is held by the governing body, whichever is sooner.

§ 151-13 Inspection of equipment.

The equipment used or employed by peddlers of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to the inspection of the Board of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.

§ 151-14 Use of streets.

No peddler shall have any exclusive right to any location, nor shall be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

§ 151-15 Time restrictions.

A. 
No person shall sell, offer for sale, hawk or peddle in the Township before 9:00 a.m. or after 5:30 p.m. nor on Sundays or holidays.
B. 
No soliciting or canvassing activities shall be conducted before 9:00 a.m. or later than 5:30 p.m., nor on Sundays or holidays.

§ 151-16 Exemptions.

A. 
Any veteran or volunteer fire fighter who holds special exemption issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application for a license, but shall be required to comply with all other applicable subsections of this chapter.
B. 
This chapter shall not be construed to include:
(1) 
The delivery of milk, eggs, bread, newspapers or such other necessary and perishable articles of food or merchandise of the type commonly delivered on a house to house basis at intervals of less than one week.
(2) 
Federal census takers and pools or surveys taken pursuant to federal, state or local laws shall not be prohibited by this chapter.
C. 
This chapter shall not apply to any person distributing literature or handbills on behalf of a candidate for public office.

§ 151-17 Statutory authority.

The provisions of this chapter applicable to peddlers are adopted pursuant to the authority of N.J.S.A. 40:52-1 and the provisions applicable to solicitors and canvassers are adopted pursuant to the authority of N.J.S.A. 40:48-1.

§ 151-18 Violations and penalties.

Any person violating any of the provisions of this chapter shall upon conviction, be liable to the penalty stated in Chapter 1, General Provisions, Article I. Each solicitation contrary to the provisions of this chapter shall be deemed a separate offense.