[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson as indicated in article histories. Amendments noted where applicable.]
Fees — See Ch. 265.
Article I Canvassing and Soliciting
Article II Ice Cream and Other Refreshments
[Adopted 3-11-1958 by Ord. No. 1958-4 (Sec. 2.24 of the 1995 Code)]
As used in this article, the following terms shall have the meanings indicated:
- Includes itinerant vendors of merchandise who shall go from door to door or from house to house in this Township, selling, causing to be sold, offering for sale or cause to be offered for sale or taking orders for present or future delivery of merchandise of any description whatsoever, and shall include persons going from door to door for the purpose of obtaining alms, orders, subscriptions, making canvasses or surveys or other solicitations.
No person shall solicit or act as a solicitor from door to door within this Township without first registering with the Chief of Police of the Township of Cinnaminson as provided in this article. The Chief of Police may deny the issuance of a permit, and appeal to the denial may be made to the Township Committee.
[Amended 12-17-2012 by Ord. No. 2012-26]
Each such registrant shall, at the time of registering, give to the Chief of Police, in writing, his name, address and such other personal data as is required to identify him, together with two recent photographs of his face, approximately 2 1/2 by 2 1/2 inches in size, together with the purpose of his proposed canvassing or solicitation, the route, date and approximate hours of his itinerary in this Township (which shall be between the hours of 9:00 a.m. and 8:00 p.m.), any prior convictions of crime and his fingerprints, together with sufficient information to determine whether or not the business he is to transact is interstate or intrastate commerce.
Each registrant, upon being so registered, shall be issued a registration certificate by the Chief of Police, upon which shall be affixed one photograph of the applicant, signed by the Chief of Police so that part of his signature covers part of the photograph; provided, however, that no person who has been convicted of a crime shall be issued any such certificate.
Each registrant shall carry the registered certificate at all times and shall exhibit it to any person upon request.
Each registrant shall, at the conclusion of each day's canvassing or solicitation, deposit his registration certificate with the Chief of Police.
No such registration certificate shall be issued to any person who has not complied with any law of the State of New Jersey or ordinance of this Township regulating soliciting, canvassing or itinerant vendors of merchandise.
No person, whether registered or not, shall visit or call at any private residence for the purpose of solicitation, as defined in this article, when banned by the householder by a sign bearing words to the effect that solicitors or peddlers are not invited or are prohibited.
Any such registration certificate so issued may be revoked by the Chief of Police for violation of this article or any other ordinance of the Township regulating solicitors, canvassers or itinerant vendors of merchandise, or for any false information given in said application.
[Amended 8-18-1993 by Ord. No. 1993-15; 12-17-2012 by Ord. No. 2012-26]
No person shall solicit within the meaning of this article before the hour of 9:00 a.m. or after the hour of 8:00 p.m.
[Amended 11-14-1961 by Ord. No. 1961-17; 9-12-1990 by Ord. No. 1990-24]
A fee as set forth in Chapter 265, Fees, shall be paid by the registrant for a registration certificate to defray the costs of administration of this article. A fee as set forth in Chapter 265 shall be paid for each additional person affiliated with the initial registrant who will canvass or solicit under the initial registrant's certificate. The Township Committee may, upon written application, waive the registration certificate and fee requirement imposed under this article for local nonprofit charitable organizations. Each waiver application shall be filed with the Township Committee no later than 45 days prior to commencement of canvassing and solicitation activities within the Township, and said local nonprofit charitable organization may not commence canvassing and solicitation activities until said waiver application is approved.
Any person or persons violating this article or any of the provisions hereof shall, upon conviction, be subject to a fine not exceeding $200 or imprisonment in the Burlington County Jail not exceeding 30 days, or both, at the discretion of the Judge before whom such conviction is had.
This article is in addition to any other ordinance or ordinances regulating itinerant vendors of merchandise, solicitation or canvassing within the Township of Cinnaminson.
[Adopted 5-1-1962 by Ord. No. 1962-8 (Sec. 2.96 of the 1995 Code)]
As used in this article, the following terms shall have the meanings indicated:
- PEDDLER or VENDOR
- A person who goes from place to place or from house to house by traveling on the public streets by vehicle and carries with him goods, wares and merchandise for the purpose of selling, offering to sell or delivering them to consumers from such vehicle.
- An individual, firm, partnership, corporation, voluntary association, incorporated association and principal and agent thereof.
- Includes, but is not limited to, ice cream, ice cream products, water ices, frozen confectionery products, pizza pies, sandwiches or other similar food items.
It shall be unlawful to engage in the business of peddling refreshments of any kind or nature from vehicles in the Township of Cinnaminson without first obtaining a license therefor pursuant to the provisions of this article.
It shall be unlawful for anyone engaged in the business of peddling or vending refreshments of any kind or nature, to misrepresent the character of the quality of the merchandise offered for sale, or to importune or otherwise annoy any person or persons for the purpose of effecting a sale.
All refreshments which will be sold or offered for sale from such vehicle shall comply with all laws and local ordinances relating to food and food products.
It shall be unlawful for any person engaged in the business of selling, offering to sell or delivering such refreshments from said vehicle to park said vehicle within the lines of any public street, road or other public place for the purpose of engaging in such business for a period of more than 15 minutes, except by written permission of the Chief of Police of the Township of Cinnaminson. It shall be unlawful for such vehicle to park within 300 feet of any public or private school during school hours or 30 minutes before or after said school hours, or within 300 feet of a retail store selling similar products. Vehicles shall be parked adjacent to the right-hand curbline and dispense said products only from the curb side or rear of the vehicle.
It shall be unlawful for any person engaged in the business of selling or offering to sell refreshments, as defined herein, to deposit or leave, or permit to be deposited or left, any paper wrappings, refuse or other materials upon any street, sidewalk or public place. Each such vehicle used for conducting the business aforesaid shall be equipped with a metal waste container having a self-closing lid into which such paper wrappings, refuse or other materials shall be deposited.
It shall be unlawful for any person or operator of a vehicle engaged in the business of selling or offering to sell refreshments, as defined herein, to sound at any time whatsoever a bell, chime, music or other device for the purpose of announcing his presence.
It shall be unlawful for any person engaged in the business of peddling, vending or selling refreshments as set forth in this article to do so after the hour of 9:00 p.m.
[Added 10-9-1973 by Ord. No. 1973-15; amended 6-13-1978 by Ord. No. 1978-9]
Any person desiring to engage in the business aforementioned shall make an application in writing, in triplicate, with one copy to be delivered to the Chief of Police, one copy to the Board of Health and the third copy to the Township Clerk.
Said application shall contain the following information:
Name and address of applicant.
Name and address of the owner of the vehicles registered with the Motor Vehicle Department.
Description of said vehicle to be licensed, giving the name of the manufacturer, serial number, motor number, with any other insignia appearing thereon.
Names and addresses of the person, firm or corporation from whom the ice cream, ice cream products, water ices or such frozen confectionery products will be purchased.
Three business references.
Name and address of the salesman or operator upon said vehicle.
Whether or not the applicant, salesman or operator has been convicted of a crime or misdemeanor or violation of any municipal ordinance, and the nature of the offense, if any, for which convicted, and the date and place.
Whether or not the applicant, owner, operator or salesman is the holder of a license under N.J.S.A. 45:24-9. If so, the license number, date of issue, name of county where issued and whether it is still in force and effect.
A photograph of the salesman or operator to be licensed shall be filed with the application, and after the issuance of the license a photograph of the licensed salesman or operator shall be displayed conspicuously on the vehicle.
After obtaining a health certificate approved by the Board of Health of the Township of Cinnaminson, on approval by the Chief of Police of said Township, such applicant shall submit the same to the Township Clerk accompanied by the license fee hereinafter fixed.
The requirements concerning such health certificate approved by the Board of Health shall not be deemed to apply to officers of the corporation or partners in a partnership or to an owner, except to such officers, partner or owner who shall act as a salesman or operator of said vehicle.
If the Chief of Police, after reviewing an application, determines that the applicant is not a bona fide owner or lessor of the vehicle sought to be licensed, such application may be denied.
Upon receipt of an application for a license to engage in the business aforementioned or for a license to act as salesman or operator on or upon said vehicle, the Township Clerk of the Township of Cinnaminson shall transmit the application to the Township Committee after receipt of the aforementioned health certificate, approved by the Chief of Police, and license fee. The Township Committee may then grant the license applied for. The licensee shall appear before the Township Committee in person.
A license for a vehicle shall entitle the person named therein to engage in the business mentioned in § 389-14 hereof. Such license shall not be transferable. A salesman's license shall entitle the person named thereon to sell or offer to sell such products mentioned in § 389-14 hereof from a licensed vehicle and shall not be transferable to any other person. Upon the issuance of a license the Township Clerk shall furnish the licensee with a plate, badge or other evidence corresponding to the number of the license and the year in which it is issued. The plate, badge or other evidence shall be displayed at all times in a conspicuous part of the licensed vehicle or carried upon the person of the salesman, as the case may be. Such evidence shall be exhibited on demand of any citizen or any member of the Police Department or Board of Health of the Township. Licenses issued pursuant to the provisions of this article shall be good only for one year in which issued and shall be effective from the first day of January in each year. Any licensee applying for or obtaining a license after the first of January in any year shall pay the license fee for the full year.
[Amended 7-19-2000 by Ord. No. 2000-9]
The license fee to be imposed under this article shall be as set forth in Chapter 265, Fees. Said fee shall entitle the licensee of the vehicle to one salesman's license without charge.
The license to be imposed upon each additional salesman or any such vehicle shall be as set forth in Chapter 265, Fees.
Every person holding a validly issued and effective license under the provisions of N.J.S.A. 45:24-9 shall receive the license applied for without fee, provided that all other provisions of this article are complied with.
The license fees herein fixed are imposed for the purpose of licensing and regulating the business hereinabove defined.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not to exceed the sum of $2,000 or be imprisoned in the county jail for a term not to exceed 90 days, or both, in the discretion of the Judge before whom such conviction is obtained.
[Amended 12-17-2012 by Ord. No. 2012-26]
In addition to being subject to the penalties provided in Subsection A above, any license to be issued under this article may be revoked by the Township Committee for any misstatement in the application or for any violation of this article, after notice and hearing; provided, however, that a license may be suspended for a period not to exceed 30 days. Should any license be revoked or suspended, no part of the license fee shall be returned.