[Amended 8-11-1987 by Ord. No. 87-19]
A.
DISTRIBUTOR OF ADVERTISING
HAWKER or PEDDLER
SOLICITOR or CANVASSER
The following definitions shall apply to this article:
A person who distributes advertising or commercial literature
of any kind for any commercial purpose.
A person who conducts casual or seasonal sales from time
to time within a location, or who goes from house to house or who
travels from place to place on foot or with a conveyance, carrying
with him goods, wares or merchandise for sale or delivery, or who
seeks to render services.
A person who goes from house to house on foot or with a conveyance
for any commercial purpose whatever, including but not limiting to,
the sale of goods or services or the seeking of orders.
B.
The categories defined above are not intended to be
mutually exclusive.
No hawkers, peddlers, canvassers, solicitors,
or distributors of advertising shall conduct business within the Borough
of Garwood without a municipal license.
[Amended 12-6-2005 by Ord. No. 05-27]
Every person subject to the provisions of this
article shall file with the Chief of the Garwood Police Department,
or his designee, an application in writing on a form to be furnished
by the Department, which shall provide the following information:
A.
Proof of age, address and identification of the applicant,
to be provided through the applicant’s driver’s license
or other legally recognized form of identification;
B.
A brief description of the business or activity to
be conducted;
C.
The hours and location for which the right to peddle
or solicit is desired;
D.
If employed, the name, address and telephone number
of the employer; or if acting as an agent, the name, address and telephone
number of the principal who is being represented, with credentials
in written form establishing the relationship and the authority of
the employee or agent to act for the employer or principal, as the
case may be;
E.
A statement as to whether or not the applicant has
been convicted of a felony, misdemeanor, crime, disorderly persons
offense, petty disorderly persons offense or ordinance violation (other
than traffic violations), the nature of the offense or violation,
the penalty or punishment imposed, the date when and place where such
offense occurred and other pertinent details thereof;
F.
Proof of possession of any license or permit which,
under federal, state or local laws or regulations, the applicant is
required to have in order to conduct the proposed business, or which,
under any such law or regulation, would exempt the applicant from
the licensing requirements of this article;
G.
Two photographs of the applicant which shall have
been taken within 60 days immediately prior to the date of filing
of the application. The photographs shall measure one inch by one
inch and show the head of the applicant in a clear and distinguishing
manner; and
H.
A request for a criminal history record information
(SB1212) from the New Jersey State Police, State Bureau of Identification,
together with the fee for this search in the amount prescribed by
the New Jersey State Police. This fee shall be paid by money order
and shall be payable to the New Jersey State Police.
[Added 12-6-2005 by Ord. No. 05-27]
At the time the application is filed with the
Department, the applicant shall pay a fee to cover the cost to the
Borough of processing the application and investigating the facts
stated therein. The application fee, which shall cover the cost of
the license, if issued, shall be as follows:
The Chief of Police of the Borough of Garwood
is hereby authorized upon fulfillment of the requirements herein stated
to issue a license to any applicant who has complied with the provisions
of this article, and the said Chief of Police shall keep in a book
provided for that purpose, a list of all licenses granted, the name
and residence of the person licensed, the number and date when granted,
the term of said license and the purpose for which the same has been
granted.
Licenses issued under this article shall expire
six months from the date of issuance.
[Amended 12-6-2005 by Ord. No. 05-27]
A.
Upon review of the application by the Chief of Police,
the Chief may refuse to issue a license to the applicant, or may
revoke the license, under this article for any of the following reasons:
(1)
The location and time of solicitation or peddling
would endanger the safety and welfare of the solicitors, peddlers
or their customers;
(2)
An investigation reveals that the applicant falsified
information on the application;
(3)
The applicant has been convicted of a felony, misdemeanor,
crime, disorderly persons offense, petty disorderly persons offense
or ordinance violation involving trafficking in controlled substances,
or any violent acts against persons or property, such conviction being
entered within the five (5) years preceding the date of the application,
or the applicant has been convicted at any time of a sex offense as
defined in N.J.S.A. 2C:7-1 et seq.;
(4)
The application is a person against whom a judgment
based upon, or conviction for, fraud, deceit or misrepresentation
has been entered within the five years immediately preceding the date
of application;
(5)
There is no proof as to the authority of the applicant
to serve as an agent to the principal; or
(6)
The applicant has been denied a license under this
article within the immediate past year, unless the applicant can and
does show to the satisfaction of the Chief of Police that the reasons
for such earlier denial no longer exist.
B.
The Chief’s disapproval and the reasons for
disapproval shall be noted on the application, and the applicant
shall be notified that his application is disapproved and that no
license will be issued. Notice shall be mailed to the applicant at
the address shown on the application form or at the applicant’s
last known address.
C.
If requested by the applicant within seven days of
receipt of notice of disapproval or revocation of the license, the
Chief of Police shall provide the applicant with a hearing. The Chief
of Police shall notify the applicant within seven days after the hearing
as to whether the denial of the license or the revocation of the license
shall be upheld.
Nothing contained in this article shall be construed
to apply to charitable, religious or nonprofit organizations, political
parties or candidates, or any other noncommercial purpose. Nothing
contained in this article shall be construed to permit any activity
otherwise prohibited under this code.
It shall be unlawful for any hawker or peddler
to stop or park his vehicle for the purpose of showing or making a
sale of any of his goods, wares or merchandise on a public street
of the Borough, at any time for a longer period than 10 minutes; or
to stop or park his vehicle for such purpose more than once within
a distance of 200 feet; or to stop his vehicle for such purpose at
any place within 500 feet (by most direct sidewalk route) of any entrance
to a school building; provided, however, that the restrictions concerning
school buildings shall not apply after 4:00 p.m. on any day, and shall
not apply on those days when school is closed.
This article shall not affect any person engaged
in the delivery of goods, wares or merchandise or other article or
thing on regular routes and on prior order in the regular course of
business to the premises of persons ordering or entitled to receive
the same.
[Added 12-10-2002 by Ord. No. 02-28 amended 5-25-2004 by Ord. No.
04-09]
A.
EXEMPT ORGANIZATION
EXEMPT SOLICITOR
Definitions. As used in this section, the following
terms shall be defined as follows:
A duly incorporated nonprofit charitable, religious, patriotic,
political, advocacy, or philanthropic organization.
A person acting for or on behalf of an exempt organization
who proposes to go from house to house or place to place proselytizing,
advocating, or otherwise seeking support, or to solicit donations
or to sell or obtain orders for goods or services for the purpose
of fundraising for an exempt organization.
B.
Regulations for exempt solicitors. Exempt solicitors
shall obey the following regulations:
(1)
Exempt solicitors shall conduct themselves in
a polite and courteous manner and shall immediately leave the premises
of any resident who so requests.
(2)
Exempt solicitors shall not approach any residence
on which the resident has displayed a “no soliciting”
sign.
(3)
Canvassing shall be confined to the hours of
9:00 a.m. to 9:00 p.m.
[Amended 12-6-2005 by Ord. No. 05-27]
Any person violating the terms of this article
shall be subject to a fine not exceeding $1,250 or by imprisonment
for any term not exceeding 90 days or by a period of community service
not exceeding 90 days. Each day on which a violation occurs shall
be deemed a separate violation.
[Added 8-25-2022 by Ord. No. 22-11]
A.
The Borough
may establish a nonsolicitation list for all residents and property
owners who have notified the Borough that they do not permit canvassing,
peddling, vending, solicitation and door-to door sales enterprises
on their property (hereinafter referred to as the Garwood Borough
“No-Knock Registry”). Notification shall be completion
of a form available at the Borough Police Department office during
normal business hours.
B.
The owner and/or occupant who has requested enlistment on the Garwood Borough No-Knock Registry pursuant to Subsection A herein shall be able to post a no-solicitating sign on their property.
C.
The Borough
Police Department shall distribute the current Garwood Borough No-Knock
Registry to a licensee at the time of issuance of a licensee to peddle,
canvass, itinerant vend or otherwise door-to-door sell, pursuant to
the provisions of this chapter. The licensee shall not peddle, canvass,
itinerant vend or conduct door-to-door sales at any premises identified
on the then-current Garwood Borough No-Knock Registry.
D.
Although
the most current list of registrants on the Garwood Borough No-Knock
Registry shall be provided by the Borough Police Department, it is
the responsibility of the canvasser, itinerant vendor, or solicitor
to have the most up-to-date list prior to performing their business.
E.
Once
the property is listed on the Garwood Borough No-Knock Registry, it
shall only be removed by written request to the Borough Police Department
by the current owner or occupant of the property.
