Township of North Brunswick, NJ
Middlesex 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 Township of North Brunswick 12-4-2006 by Ord. No. 06-38.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 116.
Canvassing and soliciting — See Ch. 143.
Littering — See Ch. 216.
Loitering — See Ch. 219.
Peace and good order — See Ch. 238.
[1]
Editor's Note: This ordinance also repealed former Ch. 188, Hawking and Peddling, adopted 7-20-1931, as amended.

§ 188-1 Purpose.

The purpose of this chapter is to prohibit unfair competition and dishonest business practice by the regulation of the conduct of and by the imposition of license fees for revenue upon all hawkers, peddlers, transient merchants and itinerant vendors of merchandise and goods and chattels of any kind. It is also the purpose of this chapter to establish background checks for licensing of all hawkers, peddlers, transient merchants and itinerant vendors and to establish and set forth Do Not Drop and Do Not Knock Registries to regulate the distribution of any unsolicited materials and solicitations in the Township of North Brunswick.

§ 188-2 License required; specifications.

A. 
Any individual who owns and/or operates a peddling business must first obtain a license from the Township Clerk.
B. 
Employees of peddling businesses actively peddling within the Township of North Brunswick must first obtain a permit from the Township Clerk.
C. 
Licenses and permits must be displayed in full view during the course of business.
D. 
Licenses/Permits must be renewed annually each calendar year.
E. 
Background checks will be conducted on a biennial basis for each holder of a license or permit.
F. 
It is the responsibility of the license holder to ensure that each new employee who engages in the activities regulated by this chapter completes an application and receives a permit.
G. 
Holders of special licenses from the State of New Jersey pursuant to the regulations of N.J.S.A. 45:24-9, as supplemented and amended (honorably discharged veterans and exempt members of volunteer fire departments, volunteer fire engineer, hook and ladder, hose supply company or salvage corps of any municipality or fire district in the State of New Jersey who hold exemption certificates issued to them), must fill out an application and pay for any background checks with the New Jersey Division of State Police but shall be exempt from any of the Township's administrative fees for background checks hereunder. Only honorably discharged veterans who have resided in the State of New Jersey for at least six months and in Middlesex County for at least three months shall qualify for this exemption.
H. 
All licenses and permits shall expire on the last day of each calendar year.
I. 
Upon termination of an employee, all permits of terminated employees must be returned to the Township Clerk within 10 days of such termination.
J. 
It shall be unlawful for any hawkers, peddlers, transient merchants and itinerant vendors of merchandise to sell or dispose of any goods, wares or merchandise, including bread, pies, cakes and any other bakery products, milk, cream, cheese or any other dairy products, ice cream, confections, merchandise and goods and chattels of any kind, within the municipality of North Brunswick Township, Middlesex County, New Jersey, without first obtaining a license and having paid the license fee hereinafter prescribed.

§ 188-3 Issuance of license; required information.

The Township Clerk is hereby authorized to issue any such license upon the payment by the applicant of the proper fee therefor, as hereinafter provided. Any person desiring a license or permit under this chapter shall file, on a form to be supplied by the Township Clerk, an application with the Township stating the following:
A. 
License application:
(1) 
Name of applicant's business.
(2) 
Address of applicant's business.
(3) 
Telephone number of applicant's business.
(4) 
Name and social security number of applicant.
(5) 
Applicant's home address and telephone number.
(6) 
Date and place of applicant's birth.
(7) 
Place or places of residence of applicant for the preceding three years.
(8) 
The kind and nature of merchandise to be sold or offered for sale.
(9) 
Whether or not the applicant will use or employ any vehicles in connection with the operation of the business licensed under this chapter and, if so, the number of vehicles, license plate number and description of each vehicle.
(10) 
Whether or not the applicant has ever been convicted of a crime, misdemeanor or violation of any ordinance concerning peddlers and/or hawkers and, if so, where and the nature of the offense or convictions.
(11) 
All applications for licenses must be accompanied by an approved fingerprint check from the North Brunswick Department of Public Safety.
(12) 
All applications must be accompanied by a signed peddlers license authorization form.
(13) 
Two passport-size photographs, one of which must be attached to the license.
B. 
Permit application.
(1) 
Name of employer's business.
(2) 
Address of employer's business.
(3) 
Telephone number of employer's business.
(4) 
Name and social security number of applicant.
(5) 
Applicant's home address and telephone number.
(6) 
Date and place of the applicant's birth.
(7) 
Place or places of residence of the applicant for the preceding three years.
(8) 
The kind and nature of merchandise to be sold or offered for sale.
(9) 
Whether or not the applicant will use or employ any vehicles in connection with the operation of the business licensed under this chapter and, if so, the number of vehicles, license plate number and description of each vehicle.
(10) 
Whether or not the applicant has ever been convicted of a crime, misdemeanor or violation of any ordinance concerning peddlers and/or hawkers and, if so, where and the nature of the offense or convictions.
(11) 
All applications for permits must be accompanied by an approved fingerprint check from the North Brunswick Department of Public Safety.
(12) 
All applications must be accompanied by a signed permit application release authorization form.
(13) 
Two passport-size photographs, one of which must be attached to the permit.

§ 188-4 License fees; exceptions.

A. 
The license fee for peddlers who use or employ one or more wagons or other vehicles shall be $200 annually; except that holders of special licenses pursuant to § 188-2G shall be exempt.
B. 
The license fee for peddlers who do not use or employ wagons or other vehicles, but carry their wares or goods about by foot, shall be $100 annually; except that holders of special licenses pursuant to § 188-2G shall be exempt.
C. 
For initial license/permit application:
(1) 
Money order for $30, payable to the New Jersey Division of State Police - SBI.
(2) 
Fee of $45, payable to the Township of North Brunswick to cover administrative fees for the background check, except that holders of special licenses pursuant to § 188-2G shall be exempt.
D. 
For biennial (every two years) background check at renewal for those who have had an initial background check completed:
(1) 
Money order for $18, payable to the New Jersey Division of State Police - SBI.
(2) 
Fee of $25, payable to the Township of North Brunswick to cover the administrative fee for the background check, except that holders of special licenses pursuant to § 188-2G shall be exempt.

§ 188-5 Validity of license; nontransferability.

Every such license shall remain in force and be valid only for the time therein expressed and shall apply only to the person or persons to whom granted and shall not be transferable.

§ 188-6 Display of license; use of vehicle or carrier.

Any person to whom such license is granted as herein provided is hereby required to exhibit such license whenever called upon so to do, and every person using any sort of receptacle or carrier of any kind or vehicle, whether propelled by man power, animal power or any form of mechanical power, shall be required to obtain from the Township Clerk a metal license plate bearing the words "Township of North Brunswick, License Plate No. ______" and shall be required to pay therefor, in addition to the fee hereinabove mentioned for the issuing of the license and in addition to the license fee hereinafter mentioned, the sum of $20.

§ 188-7 License exemptions.

The following persons are to be deemed outside the licensure requirements of this chapter and are exempt from the licensing provisions and fee requirements (except where noted) thereof:
A. 
Any vendor of meat, milk, poultry or eggs.
B. 
Any person selling only at wholesale, from sample, to dealers in the wares, merchandise or goods sold.
C. 
Any person selling newspapers or periodicals.
D. 
Any person engaged in the business of selling goods, wares or merchandise from a store or building in the Township.
E. 
Any farmer or gardener selling goods of his own growth.
F. 
Any federal census takers and polls or surveys taken pursuant to federal, state or local law shall not be prohibited by this chapter.

§ 188-8 Stationary peddling locations.

A. 
No person authorized to conduct a business of being a peddler shall disturb the public by crying out his wares nor by creating a nuisance, nor shall any such person remain or allow any vehicle or conveyance to remain within 100 feet of any one residence building for a period of time exceeding 15 consecutive minutes for the purpose of conducting such business.
B. 
As used in this section, "residence building" shall mean a detached dwelling used as a place of residence by not more than two families.

§ 188-9 Do Not Drop Registry; Do Not Knock Registry; distribution of unsolicited or nonsubscribed materials prohibited.

A. 
Do Not Drop Registry. Pursuant to Chapter 143 of the Code of the Township of North Brunswick, Canvassing and Soliciting, there has been established a "Do Not Drop Registry" to be maintained in the Office of the Township Clerk.[1] The purpose of the Do Not Drop Registry is to permit residents to bar the receipt of unsolicited or nonsubscribed printed materials at their properties. Residents may register for such list by personal delivery, regular mail or e-mail to the Township Clerk. After registration on the Do Not Drop Registry, it shall be a violation of the terms of this chapter to distribute such unsolicited or nonsubscribed materials to any registered person and/or such person's property. No circulars, publications, handbills, brochures, shoppers or flyers, whether of a commercial, religious or charitable nature, shall be distributed to any properties which have been listed with the Do Not Drop Registry, to be maintained at the Township Clerk's office.
[1]
Editor's Note: See § 143-8.2.
B. 
Distribution of unsolicited or nonsubscribed materials. It shall be unlawful to place upon, deliver, deposit, throw upon, leave or abandon within or upon any private property or public ways adjacent to private property any circulars, publications, handbills, brochures, shoppers or flyers, or other unsolicited commercial matter, printed or otherwise, of every kind or nature whatsoever.
C. 
Do Not Knock Registry. Pursuant to Chapter 143 of the Code of the Township of North Brunswick, Canvassing and Soliciting, there has been established a "Do Not Knock Registry" to be maintained in the Office of the Township Clerk. The purpose of the Do Not Knock Registry is to permit residents to bar any commercial solicitation, peddling or hawking taking place by foot, wagon, motor vehicle or any other conveyance on a door-to-door basis. Residents may register for such list by personal delivery, regular mail or e-mail to the Township Clerk. After registration on the Do Not Knock Registry, it shall be a violation of the terms of this chapter to visit any residences for commercial solicitation, peddling or hawking to any registered person and/or such person's property. No commercial solicitation, peddling or hawking of any nature or kind whatsoever shall be permitted on any properties which have been listed with the Do Not Knock Registry, to be maintained at the Township Clerk's office.

§ 188-10 Exceptions to delivery restrictions.

The provisions of this chapter shall not be applicable to the delivery or personal solicitation of:
A. 
Mail, parcels or packages by and in accordance with the rules of the United States Postal Service.
B. 
Parcels, packages and materials delivered by a commercially recognized courier service or overnight express delivery agency, such as, by way of example, Federal Express or United Parcel Service.
C. 
Newspapers and other publications and periodicals if subscribed to by the owner or occupant of the recipient premises, provided same are placed firmly in a receptacle designed for such purpose, or, in the absence of such receptacle, tightly wrapped to prevent blowing or scattering upon the recipient premises or adjacent areas.
D. 
Delivery of laundry, dry cleaning, dairy, bakery and similar food products and commercial product sampling by agreement with or invitation of the owner or occupant of the recipient premises.
E. 
Personal delivery or drop off of noncommercial handbills of a political, charitable, or religious nature whose distribution is or may be protected by constitutional rights of free speech, provided that same are packaged and placed in such a manner as not to blow and scatter upon the recipient premises or adjacent areas.

§ 188-11 Revocation of license.

The Business Administrator of the Township reserves the right to cause the Township Clerk to revoke and/or rescind any license or permit granted under this chapter if the person or organization with such license or permit, as applicable, shall be found:
A. 
Using false or fraudulent statements in obtaining such license or permit.
B. 
Using false or fraudulent statements or other misrepresentations in the course of carrying on business or employment under such license or permit, as applicable.
C. 
Conducting the business of canvassing, soliciting, peddling or hawking in an unlawful manner or in such a manner as to constitute a breach of the peace or nuisance or a menace to the health, safety and welfare of the citizens of the Township of North Brunswick.
D. 
To have any conviction of a crime or other offense which would be cause for the denial of an initial license or permit application.

§ 188-12 Violations and penalties.

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.