[Adopted 9-7-1967 as §§ 6-1
through 6-10 of the Revised General Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Any person, other than a peddler or solicitor, traveling
by foot or vehicle of any kind, who distributes printed matter or
any other thing from house to house or who calls in person upon the
occupants of such houses seeking contributions or anything of value.
A person who sells goods, the proceeds of which are devoted
exclusively to the purpose of a philanthropic, charitable or religious
society on whose behalf (s)he acts as agent, with or without pay,
including those individuals or organizations soliciting funds or other
things of value for which no merchandise, wares or services are required.
Any person traveling by vehicle of any kind, who conveys
or transports goods, articles or property of any kind or description
for the purpose of offering for sale, selling and delivering the same
to customers, or offering to render immediate services of any kind
or description; and shall include the words "hawker," "huckster" or
"itinerant vendor."
Any person traveling by foot or vehicle of any kind, who
sells or offers to sell goods, articles or property of any kind or
description by sample or otherwise for future delivery, or who offers
to render services at some time in the future, with or without accepting
payment or partial payment for the same.
It shall be unlawful for any person to engage
in the activity of a peddler within the City of Trenton without first
having obtained a license therefor as provided herein. No person shall
engage in the activity of a solicitor or canvasser within the City
without first having obtained a permit therefor as provided herein.
Licenses and permits shall be issued to individual persons only, and
if an employer or other person desires that more than one employee
or member engage in the activities of a peddler, solicitor or canvasser
within the City, each such employee or member must obtain a separate
license.
A.
Applicants for a license or permit under this article
must file with the City Clerk a sworn application in writing which
shall give the following information:
(1)
Name and physical description of applicant.
(2)
Complete permanent home and local address of the applicant.
(3)
A description of the nature of the business and the
goods, services or wares to be sold.
(4)
If employed, the name and address of the employer,
together with credentials therefrom establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired and the days of the week and hours of the day within which
the business will be conducted.
(6)
The source of supply of the goods, products or services
proposed to be sold; where such goods, services or products are located;
and the method of delivery.
(7)
Appropriate evidence as to the good character and
business responsibility of the applicant which will enable an investigator
to properly evaluate such character and business responsibility.
(8)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance other than traffic violations, the nature of the offense
and the punishment or penalty assessed therefor. The applicant should
submit a detailed explanation of mitigating factors that should be
considered in the Police Director's evaluation of negative information
in the applicant's background. This may include statements of rehabilitation,
reference letters and any other information that the applicant deems
relevant.
[Amended 5-17-2007 by Ord. No. 07-41]
B.
The applicant shall be fingerprinted, if requested
by the Police Director, who shall determine whether fingerprints are
necessary for proper identification, which fingerprint records shall
be immediately processed for classification and identification.
C.
At the time of filing the application, a fee of $2
shall be paid to the City Clerk to cover the cost of investigation
of the facts stated therein.
D.
No license or permit shall be issued until the application
has been approved by the Police Department, allowing adequate time
for investigation of the facts stated therein.
A.
Each application shall be referred to the Police Director
or officer in charge of the Police Department who shall immediately
institute such investigation of the applicant's business and moral
character as (s)he deems necessary for the protection of the public
good and endorse the application in the manner prescribed in this
article within a reasonable period of time after it has been filed
by the applicant.
B.
If, as a result of the investigation, the applicant's character or business responsibility is found to be unsatisfactory or the goods, products or services are not free from fraud, the Police Director shall endorse on the application his/her disapproval and the reasons for same, and return the application to the City Clerk who shall notify the applicant that his/her application is disapproved and that no license will be issued. If the applicant has filed a statement of mitigating factors pursuant to § 206-3A(8), the Police Director shall file with his/her statement of disapproval a detailed statement as to why the mitigating factors were not sufficient to allow issuance of the license. The applicant may file a request for reconsideration with the Police Director, which shall promptly be evaluated and a final decision rendered.
[Amended 5-17-2007 by Ord. No. 07-41]
Every applicant for a license or permit under
this article shall pay a license lee of $50.
A.
Exceptions to license requirement. This article shall
not apply to:
(1)
An employee of any public utility which is subject
to regulation by the State Board of Public Utilities Commissioners;
provided, however, that such employee shall display the identification
badge or card issued by his/her employer.
(2)
A member of any committee or organization of a duly
constituted political party as defined by N.J.S.A. 19:1-1 when any
such member is engaged in the lawful activities, functions or objectives
of the political party.
(3)
Any person who as a part of the regular course of
business is engaged in the delivery of goods to the premises of persons
previously ordering or entitled to receive the goods.
(4)
Any person who conducts a sale pursuant to law or
court order.
B.
Exemptions from fee. The requirements of this article
insofar as the same shall apply to fees shall be held not to include
the following persons who are hereby expressly exempt from its application:
(1)
Any person honorably discharged from military services
of the United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 45:24-10.
(2)
Any person who is an exempt fire fighter of a volunteer
fire department as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing
a license in conformity with that law.
(3)
Any person selling fruits, vegetables and farm products
grown by himself, with or without the help of others.
(4)
Any non-profit-making vendor as defined by this article.
A.
All licensees who shall offer to sell, display for
sale or sell or deliver fruits and vegetables and farm products from
any vehicles which are wholly or in part open on any of the sides
thereof shall, at all times, keep all fruits, vegetables and produce
of any kind and nature completely screened and covered with satisfactory
materials in order to avoid and eliminate the accumulation of flies
or other insects from alighting around or upon any and all merchandise.
B.
All licensees offering for sale, displaying for sale,
selling or delivering seafood, meats, poultry or dairy products shall
transport the same solely in refrigerated vehicles, and all such products
shall remain in the refrigerated portion of the vehicle at all times
up to the time of sale or delivery. The refrigerated portion, during
the uses thereof in accordance herewith, shall be maintained at a
properly low temperature to completely safeguard all of said products
from a health and sanitary standpoint to the fullest reasonable extent
possible for the safety and welfare of the public.
C.
No licensee shall at any time permit any waste materials
or parts of produce or any other merchandise to remain in or upon
any street, roadway, curbs or walks and shall at all times remove
any debris that may have fallen from the vehicle, so that the same
is immediately placed in suitable metal or plastic containers.
D.
All sales of merchandise by any licensee shall, at
the time of sale, be placed in bags or other like suitable containers
when the same is handed to customers of the licensee.
A.
All licensees. No licensee shall engage in a licensed activity before 7:00 a.m. or after 10:00 p.m. on Mondays through Saturdays, except where expressly invited into the homes of the occupants thereof and except as further provided in Subsection B hereof.
B.
Peddlers and hawkers. Peddlers or hawkers who sell
or attempt to sell manufactured, ready-to-eat food products, such
as ice cream or custard, shall be permitted to operate Mondays through
Sundays between the hours of 7:00 a.m. and 10:30 p.m., subject to
all other restrictions. This subsection shall be strictly construed.
[Amended 5-20-2010 by Ord. No. 10-26; 4-7-2011 by Ord. No. 11-12]
Every person to whom a license is issued under
the terms of this article shall be governed by the following rules
and regulations:
A.
All circulars, samples or other matter shall be handed
to an occupant of the property or left in a secure place located on
the premises.
B.
No person subject to the terms of this article shall
enter or attempt to enter the house of any resident of the City of
Trenton without an express invitation from the occupant of the house.
C.
No person subject to this article shall conduct himself/herself
in such a manner as to become objectionable to or annoy an occupant
of any house.
D.
All licensees and their respective vehicles or modes
of transportation in carrying on their permitted business shall, at
all times, fully comply with all of the terms, covenants and conditions
of this article and all other applicable municipal ordinances and
state laws, regulations or provisions pertaining thereto, and particularly,
but not in limitation thereof, that may deal with provisions of health,
safety and general welfare.
A.
No licensee shall have any exclusive right to any
location in the public streets, nor shall any be permitted a stationary
location thereon, nor shall any be permitted to operate in a congested
area where such operation might impede or inconvenience the public
use of such streets.
B.
For the purpose of this section, the judgment of the
police officer, exercised in good faith, shall be deemed conclusive
as to whether the area is congested and the public impeded or inconvenienced.
No person shall solicit any trade or business
of any kind whatsoever on any sidewalk fronting or abutting any public
building or its grounds within the City limits; provided, however,
that nothing herein contained shall be construed to affect the right
of a duly licensed peddler to peddle goods, wares and merchandise,
or any person soliciting funds by means of the sale of any goods,
wares and merchandise in any case where the proceeds thereof are to
be used exclusively for charitable purposes.
No person licensed to operate as a nonmotorized
peddler shall be permitted to conduct such activities outside the
territory and time period described in the license. [2]
