[HISTORY: Adopted by the Borough Council
of the Borough of Carteret 5-18-1989 as Ord. No. 89-24, which superseded
former Ch. 186, Peddling and Soliciting, adopted 12-15-1970 as Secs.
7-2 through 7-4 of the 1970 Revised Ordinances, as amended. Amendments
noted where applicable.]
For the purpose of this Article, the terms used
herein are defined as follows:
As used in the definitions "transient merchant" or "itinerant
vendor" and "new business," the operation of the business at a building,
structure, site or other premises, containing a sign or other designation
of the business located therein, stock-in-trade available for immediate
sale, furnishings and equipment for the usual and ordinary conduct
of business and being open at regular intervals for the transaction
of business.
The Chief of the Carteret Department of Police.
Business days of the borough.
The Director of the Department of Public Safety.
A person, commonly referred to either 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, wares and merchandise and any
other commodity for the purpose of selling and delivering them to
consumers. Included in the foregoing definition are order-takers,
purveyors of subscriptions for newspapers, periodicals, magazines,
books and the like and any and all other such persons who seek sales
or orders for services, goods, chattels or merchandise of any kind
or description covering those peddlers that are commonly known as
"door-to-door solicitors."
As used herein, an individual, firm, partnership, corporation,
voluntary association, incorporated association and principal or agent
thereof.
A person, whether a resident of the borough or not, traveling
either by foot, wagon, automobile, motortruck or 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 books,
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 the individual has, carries or exposes
for sale a sample of the subject of the sale, with or without accepting
an advance payment for the goods. The term "solicitor" shall also
include any person who may be taking a poll or a survey for commercial
purposes from house to house or on the streets.
The Supervisor of Licenses of the Borough of Carteret.
A person who engages in the merchandising business in the
Borough of Carteret with intent to close out or discontinue such business
within a period of one (1) year from the date of commencement and,
for that purpose, hires, leases or occupies any building, structure,
room, tent, lot, railroad car or any other premises for the actual
and bona fide exhibition and/or sale of such goods, wares and merchandise
and other commodities.
A person who engages in the business of a transient merchant
or itinerant vendor and, in pursuance thereof, becomes a peddler or
hires a peddler as defined herein.
The operation of the business at one (1) address; but the
removal of a business from one address to another shall not be deemed
to be the closing out of the business; and the opening of a new business
shall not be considered to mean the continuance of the same enterprise
at another address.
The purposes of this chapter are to:
A.
It shall be unlawful for any peddler, transient merchant,
transient merchant peddler, merchant peddler, canvasser, door-to-door
solicitor, as hereinbefore defined, or the persons owning, managing
or operating a new business to sell or offer for sale or dispose of
any goods, wares, merchandise or other commodities, or a service,
within the Borough of Carteret, without first having obtained a license,
as described hereinafter, for identification purposes and without
complying with the other provisions of this chapter in the case of
new businesses.
B.
The license shall be of a kind known as an "identification
badge" with a provision for the insertion of a photograph one and
one-half by two (11/2 x 2) inches in size. Two (2) photographs of
this size shall be provided by the applicant-licensee.
[Amended 9-21-1989 by Ord. No. 89-48]
C.
There shall be an investigation prior to the issuance
of the license by the Police Department, to ascertain the honesty
and reliability of the applicant. Fingerprinting may be required as
an investigative tool; however, if the applicant provides proof that
his or her fingerprints are currently on file with any other municipality
in the state, or if, in the alternative, the applicant has appropriate
documented proof of a fingerprint clearance in another municipality,
no more than thirty (30) days prior to the application in the Borough
of Carteret, then that shall suffice as fingerprint clearance, provided
that said clearance has been verified through the State Police and
the Federal Bureau of Investigation.
[Amended 9-21-1989 by Ord. No. 89-48]
D.
The maximum waiting period to complete the investigative
procedures for any applicant shall be seven (7) days from the date
of the application. In instances of a renewal of a license, or where
the applicant has a fingerprint clearance dated not more than thirty
(30) days prior to the application, the waiting period shall be a
maximum of twenty-four (24) hours.
E.
The applicant shall present, at the time of his application,
in addition to the photograph required for his or her identification
badge, a written statement relating to his or her past history of
arrests or convictions anywhere in the United States. All of the time
periods mentioned in this chapter shall not commence until the photograph
and the history of arrests and convictions, as well as the completion
of the application, are in the hands of the Borough of Carteret.
F.
After the license has been issued, it is absolutely
required that the solicitor wear the badge on the lapel or somewhere
on the chest of the outermost garment being worn by such solicitor
at all times that he or she is conducting his business from door to
door.
G.
The actual door-to-door solicitation shall never start
before 9:00 a.m. and must terminate prior to sunset. Door-to-door
solicitation after the hour of darkness is expressly forbidden.
H.
Where an applicant has previously been licensed pursuant to this chapter, the investigation fee in Subsection C may be waived in the discretion of the Chief who must then make a determination that the applicant is bona fide. Upon making such a determination, the Chief shall approve the application and notify the Supervisor.
The following persons are exempt from the payment
of a license fee, badge requirements and, in the discretion of the
Chief, the investigation procedures, upon compliance with all other
provisions of this chapter and submission of applicable identification
and documents to support their claim to exemption:
A.
Any charitable or religious organization or society,
which is recognized as tax-exempt under the United States Internal
Revenue Code, that shall conduct sales of personal property where
the proceeds thereof shall be applied to the payment of the expenses
thereof and to the charitable or religious object for which the society
exists. Satisfactory proof of such tax exemption must be provided
by the applicant.
B.
Any person honorably discharged from the military
services of the United States, possessing a peddler's license issued
in conformity with N.J.S.A. 45:24-9 and 24-10.
C.
Any person who is an exempt fireman of a volunteer
fire department as defined by N.J.S.A. 45:24-9 and 24-10, possessing
a license in conformity with said law.
D.
Any public utility or its employees, which said public
utility is subject to regulation by the State Board of Public Utility
Commissioners; provided, however, that such employees shall display
the identification badge or card issued by their employer.
E.
Any person selling fruits and farm products grown
by himself, with or without the help of others.
F.
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 who had previously ordered
the same or were entitled to receive the same by reason or a prior
agreement.
G.
Wholesale salespeople calling on business.
H.
Federal census takers and polls or surveys taken pursuant
to federal, state or local laws.
I.
Any school, political or civic organization, benevolent
society, service club or organization, not for profit, which is located
in the borough or has a majority of its membership from the borough.
The investigation required by § 186-3 shall be limited to that sufficient for the Chief of Police to make a determination that the person or organization is bona fide. Upon making such a determination, the Chief of Police shall approve the application and notify the Supervisor.
A.
All applications for licenses referred to herein shall
first be made by filing with the Supervisor an application blank which
shall contain the following information:
(1)
The name and social security number of the applicant
and, in the case of peddlers and solicitors, photographs and fingerprints.
(2)
The permanent home residence.
(3)
The name and addresses of the firm represented, the
names and addresses of the persons from whom goods making up the stock
were or are to be purchased.
(4)
Three (3) business references located in Middlesex
County, New Jersey, or, in lieu thereof, such evidence of good character
and business and responsibility of the applicant as will enable proper
evaluation of the applicant's character and responsibility by a police
investigator.
(5)
The place or places of residence of the applicant
for the preceding three (3) years.
(6)
A description of the wares to be offered for sale,
including an approximate value and quantity of the personal property
to be exposed for sale in the borough.
(7)
The number of arrests, charges or convictions for
misdemeanors or crimes, the nature thereof and the disposition of
said charges.
(8)
Where the applicant is to be employed by someone else,
a letter from the employer authorizing the applicant to act as its
representative.
(9)
In the case of an application for transient merchant-peddler
license, the names and addresses of each peddler and the place where
the business is to be carried on from.
(10)
The length of time for which the license is
desired.
(11)
If a vehicle is to be used, a description of
such vehicle and its license number, registration and insurance certification.
(12)
Two (2) photographs of the applicant taken within
sixty (60) days immediately prior to the date of the application,
which photographs shall clearly show the head and shoulders of the
applicant and shall measure one and one-half by two (11/2 x 2) inches.
B.
The license issued shall not authorize any person
except the designated person named in such license to engage in business
thereunder, and a separate license must be obtained for every branch
established or separate place of business maintained; and each license
issued shall authorize the licensee obtaining it to conduct the business
therein at the location or place of business thereon.
A.
When the application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be filed
with the Supervisor. The Supervisor shall refer the original to the
Chief of Police, who shall make or cause to be made within the time
limitations herein prescribed, such investigation of the applicant's
business responsibility and character as he deems necessary for the
protection of the public good.
(1)
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 on such application his disapproval
and his reasons therefor and shall return the application to the Supervisor.
Any determination by the Chief of Police that an application is unsatisfactory
shall be based on one (1) or more of the following findings with respect
to the applicant:
(2)
In the absence of any such finding, the Chief of Police
shall find the application satisfactory, shall endorse his approval
on the application and shall return the application to the Supervisor.
B.
If an application is found unsatisfactory by the Chief
of Police and he has endorsed his disapproval upon the application,
the Supervisor shall notify the applicant by mail that the application
is disapproved and shall deny the applicant a license. If an application
is found satisfactory by the Chief of Police, the Supervisor shall
issue a license.
A.
Licenses issued under provisions of this chapter may
be revoked by the Director after notice and hearing for any of the
following causes:
(1)
Fraud, misrepresentation or any false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as peddler, huckster, vendor,
solicitor, itinerant vendor or commercial traveler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling 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.
The Supervisor, upon receiving information providing
reasonable cause to believe that the holder of any license issued
hereunder has violated any provision of this chapter or has been convicted
of any violation referred to in this section or has been indicted
or charged with or for any crime or offense, or has been convicted
of any crime or offense, may forthwith temporarily suspend such license
until a hearing is held by the Director of Public Safety as provided
herein, and the Director shall have issued a determination thereon.
C.
Notice of a hearing for revocation of a license shall
be given in writing, setting forth specifically the grounds of the
complaint and the time and place of the hearing. Such notice shall
be mailed, certified mail, return receipt requested, postage prepaid,
to the licensee at his last known address at least five (5) days prior
to the date set for the hearing.
D.
If the licensee has one (1) or more employees, the
revocation hereunder shall apply to the licensee and all employees
determined to be in violation of this chapter.
E.
Upon revocation, the license shall be surrendered
to the Director of Public Safety or his/her designee.
Any person aggrieved by the action of the Chief
of Police in the denial of a certificate, as provided in this chapter,
shall have the right of appeal to the Director of Public Safety. Such
appeal shall be taken by filing with the Chief of Police, within fourteen
(14) days after the notice of the action complained of has been mailed
to such person's last known address, a written statement setting forth
fully the grounds for the appeal. The Director shall set a time and
place for hearing on such appeal, and notice of such hearing shall
be given to the applicant in the same manner as provided in this chapter
for notice of hearing and revocation.[1] The decision of the Director of Public Safety on such
appeal shall be final and conclusive.
No person or license holder shall:
A.
Peddle, solicit or distribute merchandise except between
the hours of 9:00 a.m. and 6:00 p.m. or sunset, whichever occurs earlier,
unless specifically having been invited to a dwelling by an occupant
thereof or having previously made an appointment with an occupant.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the borough and displaying
his certificate.
C.
Have exclusive right to any location in the public
streets or operate in any congested area in such a manner as to impede
the flow of traffic or of pedestrians or create a breach of the peace.
D.
Have the right to park or remain stationary on Sul Avenue or the
Carteret Park parking lot in order to peddle, sell, vend, or otherwise
distribute any food or edible items for sale.
[Added 12-29-2015 by Ord.
No. 15-21[1]]
E.
Stand, hawk, peddle or solicit on the premises of
any business establishment, shopping center or mall without the written
consent of the owner or individual agency or organization responsible
for the management and/or operation of the same.
F.
Enter or attempt to enter the land of any resident
in the borough where such resident has posted a notice prohibiting
such entry.
G.
Refuse to leave any private dwelling or property after
having been once requested to do so by the owner or occupant thereof.
H.
Shout, cry out, blow a horn, ring a bell or use any
sound-making or amplifying device upon any of the streets, parks or
public places of the borough or upon private premises where sound
of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon private premises, for the purpose of attracting
attention to any merchandise or services, without first obtaining
written authorization for the same from the appropriate borough official.
I.
Litter the streets, public places or public or private
properties within the Borough with any merchandise or printed material.
Every person holding a license under this chapter
shall be required to carry the license with him or at his business
premises while engaged in the business licensed. He must produce the
license upon the request of any interested person.
[Amended 9-21-1989 by Ord. No. 89-48]
Nonrefundable license fees shall be fifteen
dollars ($15.). No application shall be processed unless accompanied
by the license fee.
[Amended 4-19-1990 by Ord. No. 90-18]
No license shall be granted to any applicant
for a peddling or vending license which shall exceed December 31 of
the calendar year of issuance. This time limit shall not have any
effect upon license required for certificate of occupancy by the Code
Enforcement Office which is issued for ninety (90) days and must be
renewed, or any other type license issued by the Borough Clerk effective
January 1 through December 31 of the same year for other matters and
as may be provided for by ordinance and statute.
A.
Any person, firm or corporation soliciting or canvassing
on behalf of a bona fide religious, charitable or political organization,
as defined in this chapter, shall, prior to such solicitation or canvassing,
file with the Carteret Borough Police Department a completed application
in the form provided.
B.
The application shall contain the following information:
(1)
The name and address of the firm, corporation or organization
represented by the individual solicitor, when applicable.
(2)
The name, address and telephone number of the person
in charge of such organization to be contacted in case of emergency.
(3)
The name, address (both temporary and permanent),
telephone number, social security number and date of birth of all
individual solicitors who will be soliciting or canvassing within
the Borough of Carteret.
(4)
Whether the applicant has been convicted of a crime,
disorderly person's offense or violation of any ordinance relating
to canvassing or soliciting and, if so, when, where and the nature
of the offense; the names of other municipalities in New Jersey where
the applicant has been issued a permit to solicit in the past two
(2) years.
(5)
Whether any motor vehicle will be used in connection
with the canvassing or soliciting and, if so, the make, year, color,
type and license plate number.
(6)
The nature of any goods or services to be sold or
the purpose of the solicitations or canvassing.
C.
Such application shall be filed with the Carteret
Borough Police Department at least forty-eight (48) hours prior to
the time when such soliciting or canvassing shall take place. In computing
the forty-eight-hour period, Saturdays, Sundays and holidays shall
be excluded from such computation.
E.
Each solicitor or canvasser shall be issued a permit
by the Borough of Carteret. The permit shall be available to be picked
up from the Police Department of the Borough of Carteret. Each permittee
shall prominently display the permit upon his person whenever such
permittee is engaged in canvassing or soliciting. No permit shall
be transferable.
F.
Failure to fully comply with the requisites established
for issuance of a permit, falsification of any information required
to be provided, failure to properly display the permit issued or soliciting
or canvassing during prohibited hours shall result in denial or immediate
revocation of the applicant's permit.
A.
Any peddler, transient merchant or itinerant vendor,
transient merchant-peddler, merchant peddler or solicitor who shall
offer for sale or sell any goods, wares, merchandise, other commodities
or bankrupt stock without first paying to the Borough of Carteret
the license fee or fees as herein required, or who shall fail to secure
a license provided for herein, or who shall make false or fraudulent
representations therein, or who shall fail or refuse or neglect to
comply with the requirements of this Article in any part, shall, upon
conviction thereof by the Judge of the Municipal Court, pay a fine
of not more than five hundred dollars ($500.) or be imprisoned in
the county jail for a period not exceeding ninety (90) days, or both,
and each violation of any of the provisions of this Article and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
In any case where the provisions of this chapter
impose a higher standard than set forth in any other ordinance of
the Borough of Carteret or under the Laws of the State of New Jersey,
then the standards as set forth herein shall prevail, but if the provisions
of this chapter impose a lower standard than any other ordinance of
the Borough of Carteret or of the laws of the State of New Jersey,
then the higher standard contained in any such other ordinance or
laws shall prevail.
No license or permit or other certification
or compliance with this chapter shall constitute a defense against
any violation of any other local ordinance applicable to any structure
or premises or use of such structure or premises, nor shall any provision
herein relieve any owner, operator, tenant or occupant from complying
with any such other provision or any official of the Borough of Carteret
from enforcing any such other provision.
Whenever used in this Article, unless a different
meaning clearly appears from the context, the following terms shall
have the meanings indicated:
Includes political, patriotic, religious, service, welfare,
benevolent, educational, civic or fraternal corporations, organizations,
associations, societies and the like, not organized for private gain.
Examples of "nonprofit organizations" include veterans' groups and
organizations which assist the poor, the aged, the sick, the physically
handicapped or mentally retarded, or which aid victims of fire, flood
or similar catastrophes. This enumeration is intended to be typical
and shall not be construed as exclusive. All applicants shall provide
satisfactory proof of nonprofit status upon request, including but
not limited to evidence of tax exemption.
Includes alms, food, clothes, money, subscription or property
of any nature or kind.
Any natural person, individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league and principal or agent thereof.
The request, directly or indirectly, of money, credit, property,
financial assistance and other things of value on the plea or representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable and philanthropic purpose as
defined in this Article. "Solicitation" shall be deemed to be complete
when made, whether or not the person making the same receives any
contribution.
A.
Any person canvassing or soliciting in connection
with a political campaign or charitable or religious organization
or society or any representative of such organization or society,
recognized as tax-exempt under the United States Internal Revenue
Code, when such canvassing or solicitation does not involve the sale
or attempted sale of merchandise, shall, at least twenty-four (24)
hours prior to such canvassing or solicitation, present himself to
the office of the Chief of Police and shall provide said Chief of
Police with the following information:
(1)
The nature and anticipated duration of such canvassing
or solicitation.
(2)
The approximate number of persons who will be canvassing
or soliciting.
(3)
The name and address of the person in charge of such
canvassing or solicitation.
(4)
The full name and address of the political, charitable
or religious organization on behalf of which such solicitation or
canvassing is to be conducted.
(5)
The names, to the extent known, of the persons who
are expected to go from door to door or to distribute materials within
the borough.
B.
The purpose of such registration is that the identity
of persons going door to door or distributing materials within the
borough may be established for the protection and maintenance of the
health, safety and welfare of the inhabitants of the borough and to
prevent dishonest solicitation of funds in the borough. No permit
or fees shall be required.
C.
Such canvassing or soliciting activities shall be allowed between the hours of 9:00 a.m. and 6:00 p.m. as specifically set forth under § 186-10A.
[Amended 4-19-1990 by Ord. No. 90-18]
D.
Borough thoroughfares. No person under the age of
eighteen (18) years of age shall be permitted to solicit on any public
thoroughfare or intersection within the Borough of Carteret.
[Amended 11-10-1992 by Ord. No. 92-31[1]]
[1]
Editor's Note: This ordinance was vetoed by
the Mayor 11-12-1992, which veto was overridden by Council 11-16-1992.
Any person violating the terms of this Article,
whether as principal, agent or employee of another, shall, upon conviction
in the Municipal Court, be subject to a fine not exceeding five hundred
dollars ($500.) or to imprisonment in the county jail not exceeding
ninety (90) days, or both, in the discretion of the Judge.
