[HISTORY: Adopted by the Township Council
of the Township of Delran as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Sec. 6-2 of the 1993 Revised
General Ordinances]
It shall be unlawful for any person to conduct, engage in or carry on any business, trade, occupation or activity, as enumerated in this article, within the Township, without having first complied with the provisions of this article and obtained a license therefor in accordance with the application procedures set forth in Chapter 203, Licensing.
When used in this article, the following terms
shall have the following meanings:
Any person who applies for a license in accordance with the
terms and provisions of this article.
A person, whether a resident of the Township or not, traveling
either by foot, wagon, automobile, motor truck or any other type of
conveyance, from place to place, from house to house or from street
to street, to take or attempt to take orders for sale of goods, wares
and merchandise or 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, and whether or not he or
she accepts any advance payment for the goods. Any person taking a
poll or a survey from house to house or on the streets, or distributing
advertisements or handbills is included. This shall not include wholesalers
calling on retail merchants.
A peddler, hawker, solicitor, canvasser or junk dealer, as
defined herein.
Any person who has applied for, has been issued and holds
a license in accordance with the terms and provisions of this article.
Includes, but is not limited to, food, fruit, vegetables,
farm products, magazines, periodicals, all kinds of articles of personal
property for domestic use and orders or contracts for home improvements
or alterations.
A person who sells goods, the proceeds of which are devoted
exclusively to the purposes of a philanthropic, charitable or religious
society on whose behalf he or she acts as agent, with or without pay.
Any person, whether a resident of the Township or not, traveling
by foot, wagon, automotive vehicle or any other type of conveyance,
from place to place, from house to house or from street to street,
carrying, conveying or transporting merchandise, offering and exposing
the same for sale, or making sales and delivering articles to purchasers.
"Hawker," "huckster," "solicitor," "canvasser," "junk dealer" and
"vendor" shall also be included in this definition.
Each applicant under this article shall pay a fee as set forth in § 150-3A for such license, which shall be prorated from the first day of the month of issue.
A.
Every license shall remain in force and be valid only
for the time therein expressed, not to exceed one year, and shall
apply only to the person or persons to whom granted and shall not
be transferable.
B.
If not otherwise set forth, such license shall expire
on December 31 of each year. Licenses may be renewed upon the expiration
of their term.
Prior to the issuance of any license or permit
to any licensee, the prospective licensee shall file with the Township
Clerk a bond to the Township in the amount of $1,000. Such bond shall
be executed by the proposed licensee, as principal, and a surety company
licensed to do business in the State of New Jersey. The bond shall
be in accordance with and for the purposes provided in N.J.S.A. 45:24-5
and shall remain in force for the term of the license and shall be
conditioned as follows:
A.
To indemnify and pay the Township any penalties or costs incurred in the enforcement of any of the provisions of this article and Chapter 203, Licensing, and to indemnify or reimburse any purchaser of personal property from the licensee in a sum equal to at least the amount of any payment the purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or the licensee's agents, servants or employees, either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property, or any part thereof.
B.
The aforesaid bond shall be declared forfeited, upon
proof of falsification in the application for a license.
C.
The bond shall be forfeited upon proof of the violation
of any of the sections herein by the licensee or the licensee's agents,
servants or employees.
A.
The Township Clerk shall issue to each licensee at
the time of delivery of his or her license a badge which shall show
the nature of the license in letters and figures easily discernible
from a reasonable distance, and shall have affixed thereto a photograph
of the licensee. Such badge shall be worn constantly by the licensee
on the front of his or her outer garment in such a way as to be visible
to a person facing him or her during the time such licensee is engaged
in peddling or soliciting.
B.
The badge shall be deposited with the Police Department
at the conclusion of each day's activities.
No person shall solicit before the hour of 8:00
a.m. or after 8:00 p.m.
All licensees who offer to sell, display for
sale or deliver fruits, vegetables or other farm products from any
vehicles which are wholly or in part open on any of the sides thereof
shall, at all times, keep all such produce covered with satisfactory
materials in order to avoid and eliminate the accumulation of flies
or any other insets from alighting around or upon any such produce.
All licensees offering for sale, displaying
for sale, selling or delivering seafood, meats, poultry or dairy products
shall transport it solely in refrigerated vehicles. All such products
shall remain in the refrigerated portion of the vehicle at all times
during the time of sale or delivery. The refrigerated portion, while
in use, shall be maintained at a properly low temperature to completely
safeguard all such products, from a health and sanitary standpoint,
to the fullest reasonable extent possible for the safety and welfare
of the public.
No licensee shall, at any time, permit any debris,
waste materials, rotting produce or merchandise of any kind or any
unfit produce to remain in or upon their vehicle, unless it is contained
in a metal leakproof container having a properly fitted metal cover
on the container.
No licensee shall sell or attempt to sell any
articles to pedestrian or vehicular traffic, other than when his or
her vehicle is properly parked immediately adjacent to the curb of
a public street in a permitted locality. Such licensee shall at no
time double park when dealing with any of his or her trade and in
no event shall transact any of his or her business operations other
than on the curb side of his or her vehicle.
No licensee shall at any time permit any waste
materials, 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 such debris that may have fallen from his or her vehicle.
Such litter shall be immediately placed in the metal containers, as
hereinabove provided.
All sales of any merchandise by any licensee
shall, at the time of the sale, be placed in bags or other like suitable
containers when such merchandise is handed to the customer.
The licensee shall prohibit, as reasonably as
possible, the eating of any merchandise directly from his or her vehicle.
All licensees, while carrying on their permitted
business, shall fully comply at all times with all of the terms, covenants
and conditions of this article, all other applicable Township ordinances
and all other applicable 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.
Before a licensee uses a vehicle or mode of transportation
in furtherance of his or her permitted business, the licensee shall
submit such vehicle to the Township health officer for inspection
and approval relative to compliance with this article and shall, whenever
requested during the term of the license, submit his or her vehicle
for reasonable reinspection for such purpose.
B.
No vehicle or mode of transportation shall be used
by any licensee unless it has been approved for use by the health
officer. The written approval shall remain in and upon the vehicle
at all times and shall be shown by the operator to any member of the
Township Police Department, any official of the Township or any member
of the public, upon request.
The terms of Chapter 203, Licensing, and of this article shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, and nothing contained herein shall be held to prohibit any sale required by statute or by order of any court.
The equipment used or employed by peddlers of
ice cream, foods, beverages, confections and other related commodities
shall be maintained in a clean and sanitary manner and be subject
to inspection by the Board of Health or its authorized agents. Any
violation found and not immediately corrected shall be grounds for
revocation of the license.
No licensee shall:
A.
Call attention to his or her business or to his or
her merchandise by crying out, blowing a horn or by any other loud
or unusual noises.
B.
Conduct, or attempt to conduct, his or her business
at any residence or on any property on which is posted a sign expressly
prohibiting such activity.
C.
Conduct, or attempt to conduct, his or her business
within 200 feet of any place occupied exclusively as a public or private
school or for school purposes, nor during such times shall he or she
permit his or her cart, wagon or vehicle to stand on any public highway
within such distance of any school property.
D.
Allow any other person to use the license issued hereunder.
[Amended 6-2-2015 by Ord.
No. 2015-5]
The provisions of this article shall not apply
to the following:
A.
Anyone who solicits any votes as support for a bona
fide political candidate seeking office.
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 et seq.
C.
Any person who is an exempt firefighter of a volunteer
fire department, as defined by N.J.S.A. 45:24-9 et seq., possessing
a license in conformity with the law.
D.
Any person engaged in the delivery of goods, wares,
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 of a prior agreement.
E.
Federal census takers and polls or surveys taken pursuant
to federal, state or local laws.
F.
Any school, political or civic organization, benevolent
society, service club or organization not-for-profit which is located
in, or has a substantial membership from, the Township, except that
registration with the Police Department for all outdoor fund-raising
events shall be required. In the event that the organization fails
to register or does not comply with the terms of the registration
agreement, the Police Department may shut down the organization's
activity.
[Adopted as Sec. 6-4 of the 1993 Revised
General Ordinances]
For the purpose of this article, the following
terms shall have the meaning set forth:
Patriotic, religious, eleemosynary, benevolent, educational,
civic or fraternal associations, societies and the like.
The giving of alms, food, clothes, money subscriptions, pledges
or property of any nature or kind.
The request, directly or indirectly, for money, credit, property,
financial assistance or other thing 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.
Solicitation shall be deemed to be complete when made, whether or
not the person making the same receives any contribution.
No person or organization shall solicit charitable
or philanthropic contributions within the Township without first obtaining
a permit authorizing such public solicitations; provided that the
provisions of this article shall not apply to any established person
or organization authorized and not operated for the pecuniary profit
of any person if the solicitations by such person or organization
are conducted among the members thereof, or if the solicitations are
in the form of collections or contributions at the regular assembly
or meetings of any such person or organization.
A.
Application for a permit to make a public solicitation
of funds by charitable and philanthropic organizations shall be made
to the Township Clerk upon forms provided by the Township.
B.
An investigation of the application shall be made
by the Chief of Police to determine that the person or organization
is bona fide. Upon making such determination, the Chief of Police
shall notify the Township Clerk.
Upon authorization of the Township Council,
the Clerk shall issue a license for the conduct of activities under
this article. There shall be no fee for a permit issued hereunder.
The Township Clerk shall keep a current calendar
of approved solicitations to be conducted within the Township. The
Clerk may propose alternate dates for a solicitation if the requested
dates should unfairly conflict with other solicitations being conducted
within the Township.
No permit may grant the right to solicit for
a period longer than 90 consecutive days.
A.
Any person or organization receiving money from any
contributor under a solicitation made pursuant to this article shall
give to the contributor a written receipt, signed by the solicitor,
showing the date and the amount received.
B.
This section shall not apply to any contribution collected
by means of a closed box or receptacle used in the solicitation where
the use thereof has been approved by the Township Council, where it
is impractical to determine the amount of each contribution.
All solicitations conducted under the authority
of this article shall take place between the hours of 10:00 a.m. and
6:00 p.m. No solicitations shall be conducted on Sundays. Any person
or organization desiring to solicit at hours other than those stated
herein shall make special request therefor on their application, and
this special request shall be approved or disapproved by the Township
Council. If approval is given by the Township Council for the solicitation
to be conducted at other than the hours stated in this article, the
approval shall be plainly stamped on the permit issued by the Township
Clerk.
