[Adopted 11-17-1994 by Ord. No. 254]
It shall be unlawful for any person to engage in the business of peddling,
huckstering or hawking, as defined, within the corporate limits of the Borough
of Folsom, without first obtaining a license therefor as provided herein.
As used in this article, the following terms shall have the meanings
indicated:
PEDDLER
Includes any entity or person, whether a resident of the Borough
of Folsom or not, traveling by foot, wagon, curbside, in an 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 goods, wares,
merchandise, meats, fish, vegetables, fruits, goods, ice cream, fruit ices,
soda, water, garden-farm products or provisions, offering and exposing the
same for sale, or making sales and/or delivering articles to purchasers. The
word "peddler" shall also include the words "hawker," "huckster" and "itinerant
merchant.”
A.
The word "peddler" where such refers to an employing entity licensed
under this article, whether such be an individual, proprietorship, partnership,
corporation or other form of business association, shall refer only to the
employing entity; and all employees of such a duly licensed entity, and all
individual peddlers, hucksters or hawkers and their vehicles, shall have to
secure individual licenses while they are working for said employing entity.
B.
The word "peddler," as used herein, shall not be interpreted to include
newsboys or newsmen handling the circulation, sale and delivery of regularly
published newspaper; or recognized civic, charitable, religious or fraternal
organizations where the benefits from the sales by said organizations are
dedicated to charitable, religious, fraternal or civic purposes.
PERSON
Includes the singular and plural, and shall also mean and include
any person, firm or corporation, association, club, copartnership or society
or any other organization.
Applicants for licenses under this article must file with the Borough
of Folsom a sworn application in writing, in duplicate, on the form to be
furnished by the Borough of Folsom Clerk/Municipal Administrator, which shall
give the following information:
A. Name and description of applicant.
B. Permanent home address and full local address of applicant.
C. A brief description of the nature of the business and
the goods to be sold.
D. If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
E. The length of time for which the right to do business
is desired.
F. If a vehicle is to be used, a description of the same,
together with license number or other means of identification.
G. A photograph of the applicant taken within 60 days immediately
prior to the date of filing of the application, which picture shall be two
inches by three inches, showing the head and shoulders of the applicant in
a clear and distinguished manner.
H. Production of a certificate of insurance naming the Borough
of Folsom as an additional insured.
I. A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty inflicted therefor.
No person, whether licensed or not, shall sell, offer for sale, hawk
or peddle in the Borough of Folsom before 9:00 a.m. or after 9:00 p.m.
The Municipal Court Administrator shall report to the Borough Clerk/Municipal
Administrator all convictions for violation of this article, and the Borough
Clerk/Municipal Administrator shall maintain a record for each license issued
and record the report of violations therein.
Any person, firm or corporation violating any provision of this article
shall, upon conviction, be subject to a fine not exceeding $1,250, a term
of imprisonment not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof.
[Adopted 9-10-1998 by Ord. No. 279]
Charitable organizations as defined at N.J.S.A. 45:17A-20 are hereby
authorized to solicit contributions through the use of coin drops upon the
Borough's roadways in accordance with the terms of N.J.S.A. 39:4-60 and this
article.
A charitable organization wishing to conduct a coin drop to solicit
contributions shall make application for that purpose to the Borough Council,
identifying the proposed date and location of such coin drop. In determining
applications to conduct coin drops, the Borough Council shall impose such
restrictions or conditions as it determines are reasonably necessary and advisable
to protect the public safety and the safety of those conducting the coin drop.
Nothing contained herein shall authorize a charitable organization to
solicit on any county highway or intersection of a county highway without
the approval of the Atlantic County Board of Chosen Freeholders, nor shall
anything contained herein authorize a charitable organization to solicit on
any state highway or intersection of a state highway without the approval
of the New Jersey Commissioner of Transportation, as set forth in N.J.S.A.
39:4-60.
Any person who shall violate any provision of this article, or any requirement
imposed by Borough Council as a condition of approval of a coin drop, shall
be adjudged a disorderly person and subject to penalties therefor in the Folsom
Municipal Court. Any person who shall violate any of the provisions of this
article shall pay, upon conviction, a penalty not to exceed $100.