City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 3 of Chapter 24 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 121.
Auctions and auctioneers — See Ch. 149.
Hawking and peddling — See Ch. 265.
Ice cream peddling — See Ch. 281.
Licensed businesses — See Ch. 303.
Special sales — See Ch. 371.
Public solicitations — See Ch. 391.
Transient merchants and pawnbrokers — See Ch. 429.

§ 189-1 License required.

[Amended 7-20-1993 by Ord. No. 5640-93]
No person shall solicit or call from house to house in the City to sell or attempt to sell goods by sample or to take or attempt to take orders for the future delivery of goods, merchandise, wares or any personal property of any nature whatsoever or take or attempt to take orders for services to be furnished or performed in the future, without first having received a written license therefor.

§ 189-2 Application for license.

[Amended 11-14-1966 by Ord. No. 3730; 7-20-1993 by Ord. No. 5640-93]
A. 
Any person desiring a license under this chapter shall file with the Clifton Police Department an original and four copies of an application, under oath, in writing, on a form furnished by the Clifton Police Department.
B. 
The application shall set forth the following information:
(1) 
The applicant's name, business name and business address.
(2) 
The applicant's residence address and date and place of birth.
(3) 
Whether the applicant has ever been arrested or convicted of a crime and, if so, the date of arrest, the crime or charge involved and the disposition thereof.
(4) 
The name and address of the employer or firm represented.
(5) 
The date on which he desires to commence canvassing and soliciting.
(6) 
The nature of merchandise to be sold or offered for sale or the nature of the services to be furnished.
C. 
Said application shall also be accompanied by a letter or other written statement from the individual, firm or corporation employing the applicant, certifying that the applicant is authorized to act as the employer's representative.
D. 
No such application shall be filed more than six months prior to the time such canvassing or soliciting shall commence.

§ 189-3 Fees.

[Amended 11-14-1966 by Ord. No. 3730; 10-21-1975 by Ord. No. 4301-75; 5-6-1986 by Ord. No. 5074-86; 7-20-1993 by Ord. No. 5640-93; 12-16-2003 by Ord. No. 6387-03]
A. 
Upon the filing of the application, a fee of $25 shall be paid to the Clifton Police Department for the use of the City to defray the cost of investigating, photographing, processing and issuing said permit. This fee includes defraying the cost of fingerprinting as well as the State Police fingerprinting charge directly to the State Police.
B. 
The fee for any renewal of a license issued under this chapter shall be $10.

§ 189-4 Investigation of applicant.

[Amended 11-6-1972 by Ord. No. 4120-72; 3-17-1987 by Ord. No. 5144-87; 7-20-1993 by Ord. No. 5640-93]
A. 
The Chief of Police shall cause such investigation to be made of the applicant's business and moral character as he deems necessary for the protection of the public good.
B. 
Such investigation shall include the photographing and fingerprinting of the applicant, copies of which fingerprints shall be forwarded to the Federal Bureau of Investigation and the New Jersey State Police for the purpose of obtaining copies of the applicant's arrest and conviction record; provided, however, that if the applicant has been fingerprinted in another municipality of the State of New Jersey and copies of the applicant's arrest and conviction record have been obtained by such municipality from the Federal Bureau of Investigation and the New Jersey State Police through the use of such fingerprints within six months prior to the date of such application, a copy of such records need not be obtained by the Chief of Police; provided that fingerprints submitted to such other municipality are presented to the Chief of Police; and provided, further, that the records obtained by the use of such fingerprints contain no record of any convictions or other information which would lead to a finding that the applicant's character and business responsibility are not satisfactory.
C. 
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 his disapproval and the reasons therefor on the application, and the license shall not issue.
D. 
If, as a result of such investigation, the applicant's character and business responsibility are found to be satisfactory, the Chief of Police shall endorse his approval and timely execute a license. Said license shall show the name, address, photograph and thumbprint of the licensee, the kind of goods or services to be sold or performed thereunder, the date of issuance and the date on which said license shall expire, which shall be December 31 of the year in which issued. The license shall be signed and sealed by the Chief of Police.
[Amended 9-7-1993 by Ord. No. 5651-93]
E. 
In the event of prior fingerprint clearance by another municipality or in the event of the renewal of a license previously issued by the Chief of Police within a six-month period, the issuance of a license shall be made within 24 hours of the application for the same. In the event of a new application without previous fingerprint clearance by another municipality, the permit shall be issued or denied, as the case may be, within three days of receipt by the Chief of Police of the applicant's arrest and conviction record from the Federal Bureau of Investigation and the New Jersey State Police.
F. 
Any canvass or solicitation involving the sale of food and/or beverages shall require an investigation by the City Health Department with reference to the compliance or noncompliance of the proposed applicant with all municipal and state rules, regulations, statutes and ordinances relating to the sale and/or handling of food and/or beverages. Upon completion of its investigation, the City Health Department shall submit the same, along with its recommendations for approval, to the Municipal Council.

§ 189-5 Hours.

[Amended 11-14-1966 by Ord. No. 3730; 5-6-1986 by Ord. No. 5074-86]
No canvassing or soliciting shall be done except between the hours of 9:00 a.m. and 4:30 p.m. on each weekday. The permittee shall carry the permit with him at all times while canvassing or soliciting and shall exhibit the same to any person upon request.

§ 189-6 Revocation of permit.

A. 
Permits issued under the provisions of this chapter may be revoked by the Council after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for permit.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude or of any ordinance concerning soliciting or canvassing.
(5) 
Conducting the business of soliciting or of canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee at his last known address at least five days prior to the date set for hearing.

§ 189-7 Exceptions.

A. 
This chapter shall not affect any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons ordering or entitled to receive same.
B. 
Except for the provisions of § 189-8, the provisions of this chapter shall not apply to any religious, charitable, or political activities conducted within the City.
[Amended 6-18-2002 by Ord. No. 6283-02; 8-7-2002 by Ord. No. 6297-02[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection C, regarding nonprofit political organizations, added 5-6-1986 by Ord. No. 5974-86 and amended 10-15-1991 by Ord. No. 5545-91.
C. 
The exception set forth in Subsection B above shall not apply to any canvass or solicitation involving the sale of food and/or beverages.
[Added 3-17-1987 by Ord. No. 5144-87; amended 8-7-2002 by Ord. No. 6297-02]

§ 189-8 Nonsolicitation sticker.

[Added 6-18-2002 by Ord. No. 6283-02]
A. 
Notwithstanding any other part of this chapter, each resident of the City of Clifton may make an independent choice as to whether that resident chooses to be canvassed or solicited.
B. 
The City Clerk will make available to all residents a sticker which will make reference to this section of the chapter that will declare that this resident has chosen not to be canvassed or solicited.
C. 
The sticker shall be placed on the premises of the resident in a place that is visible to the public. Any person, partnership, firm or corporation that canvasses or solicits a resident that has a sticker on display shall be in violation of this chapter.

§ 189-9 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969; 6-18-2002 by Ord. No. 6283-02]
A. 
Any person, partnership, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be punished by one or more of the following:
(1) 
A fine not exceeding $1,250.
(2) 
Confinement in the municipal jail or in the county jail for a period not exceeding 90 days.
(3) 
A period of community service not exceeding 90 days.
B. 
The minimum penalty of fine for the violation of any of the provisions of this chapter shall be $100.
C. 
Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
D. 
In addition to the foregoing fines or penalties, any person, partnership, firm or corporation violating any of the provisions of this chapter within one year of the date of a previous violation of the provisions of this chapter shall be subject to be sentenced to an additional fine as a repeat offender. The additional fine shall not be less than the minimum nor exceed the maximum fine as set forth above and shall be calculated separate from the fine imposed for a violation of the provisions of this chapter.