[HISTORY: Adopted by the Mayor and Council of the Borough of Hamburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-4-1996]
As used in this article, the following terms shall have the meanings indicated:
PEDDLER or HAWKER
A person who, traveling on the streets or lakes or waterways, goes from place to place or from house to house or from street to street, by vehicle or on foot, carrying with him/her goods, wares, merchandise, books, magazines or other tangible personal property of any nature for the purpose of selling and delivering the same to purchasers.
SOLICITOR or CANVASSER
A person who, traveling by foot, wagon, motor vehicle, or any other type of conveyance, goes from place to place, from house to house, or from street to street, and who takes or attempts to take orders for the sale of goods, wares, merchandise, books, magazines or other tangible personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether or not he/she is collecting advance payments on such sales or services.
VEHICLE
Includes a wagon, cart, motor vehicle, boat or any other type of vehicle or conveyance.
No person shall engage in or solicit business in the Borough as peddler or hawker, or as solicitor or canvasser, as defined herein, or use any vehicles in connection therewith without first obtaining a license therefor and paying the prescribed license fee as provided in this article.
A. 
Every applicant for a license under this article shall file with the Borough Clerk a signed and verified written application, in duplicate, on forms furnished by the Borough Clerk.
B. 
The application shall state:
(1) 
Name of the applicant.
(2) 
Permanent home address of the applicant, and the place or places or residence for the three years preceding the filing of the application.
(3) 
Brief description of the nature of the business, and the personal property to be sold or services to be rendered.
(4) 
If the applicant is an agent or employee, or a dealer's or manufacturer's representative, the name and address of the applicant's employer, manufacturer or dealer (as the case may be) together with a letter from same, establishing the exact relationship and authorizing the applicant to act as agent, employee or representative.
(5) 
Length of time for which the license is desired.
(6) 
Whether or not the applicant has been convicted of any crime or disorderly persons offense or violation of any Borough ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereof.
(7) 
If a vehicle is to be used, a description of the same, together with the state registration number of other identification details.
(8) 
Names and addresses of persons from whom the products proposed to be sold or orders taken for the sale thereof, have been or will be purchased, manufactured or produced, as the case may be.
(9) 
Names of at least two residents or business operators in the County of Sussex who will certify as to the applicant's good character and business responsibility, or, in lieu of the names of references such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to evaluate properly such character and business responsibility.
C. 
Upon receipt of such application, the original thereof shall be referred to the Chief of Police.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
A. 
The Chief of Police shall then cause such investigation of the moral character and business responsibility of the applicant as the Chief shall deem necessary for the protection of the public.
B. 
There shall be a waiting period not exceeding two weeks between the filing of the application and the issuance of the license, for the purpose of investigation by the Chief of Police.
C. 
If, as a result of the investigation, the moral character or business responsibility of the applicant shall be found to be unsatisfactory, the Chief of Police shall endorse on the original his/her disapproval of the application and his/her reasons for such disapproval, and shall return the original application to the Borough Clerk. The Borough Clerk shall promptly notify the applicant of the decision.
D. 
If, as a result of the investigation, the moral character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the original application his/her approval thereof, and return the original application to the Borough Clerk.
A. 
The Borough Clerk shall promptly notify the applicant of the approval of his/her application as set forth in § 151-4D and shall issue the license upon payment of the prescribed fee.
B. 
The license shall contain the following:
(1) 
Name and address of the licensee.
(2) 
Description of nature of business.
(3) 
Description of goods to be sold or services to be rendered.
(4) 
State registration number and other identifying description of any vehicle or vehicles to be used.
(5) 
Number of the license and amount of fee paid.
(6) 
Date of issuance of license and expiration date.
(7) 
Signature of Borough Clerk and Seal of the Borough.
C. 
The Borough Clerk shall send a copy of the license to the Police Department, there to be kept on file. The Borough Clerk shall keep a permanent record of all licenses issued, and shall make a monthly report to the Borough Council of any and all licenses issued under this article and the amount of fees collected.
D. 
All licenses shall expire on December 31 of the year issued unless an earlier expiration date is indicated on the license.
Every person holding a license under this article shall be required to display the license or badge on his/her person while engaged in the licensed business, or while engaged for the purpose for which the license was issued and shall produce the license at the request of any citizen or official of said Borough. Where the license is issued for a vehicle, such license or any designation thereof furnished by the Borough shall be securely fastened in plain view in any such vehicle, and shall not be removed therefrom while the license is in force, or attached to any similar vehicle or thing.
The fees for the license required under this article shall be as follows:
Use
Per Day
Per Year
For each peddler or hawker:
For the license and use of one vehicle in connection therewith
$10.00
$50.00
For second and each additional vehicle used in connection with the business, per vehicle
10.00
50.00
For each assistant or helper to the licensee
2.50
15.00
For each solicitor or canvasser:
For the license and use of one vehicle used in connection with the licensed activity
10.00
50.00
For the second and additional vehicle used in connection with the licensed activity
10.00
50.00
For each distributor of milk and cream
For each wagon or vehicle used in the distribution of milk or cream, to be paid by the person engaged in the distribution or sale of milk or cream
5.00
No canvassing or soliciting shall be permitted by anyone holding a permit or license or certificate of registration, except between the hours of 9:00 a.m. and sundown daily for the purpose of selling merchandise on the public streets and, except between the hours of 9:00 a.m. and sundown on any weekday, excluding Sunday for any other activity, sale solicitation, or delivery as covered by this article.
No peddler or hawker shall:
A. 
Have any exclusive right to any location in any public place;
B. 
Be permitted to maintain a stationary location;
C. 
Be permitted to operate in any congested area where his/her operations might impede or inconvenience the public; the judgment of a Police Officer shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced; or
D. 
Make use of private property without meeting the requirements of site plan approval.
A. 
Any person aggrieved by the action of the Chief of Police in denial or granting of a license as provided in § 151-4D shall have the right to appeal to the Borough Council for review. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
B. 
The Council shall set a time and place for hearing of such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 151-14B for notice of hearing or revocation.
C. 
The decision and order of the Council on such appeal shall be final and conclusive.
It shall be the duty of any police officer of the Borough to require any person seen peddling, hawking, soliciting or canvassing in the Borough, and who is not known by such officer to be duly licensed or duly registered, to produce his/her license or registration certificate, and to enforce the provisions of this article.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
The Chief of Police shall report to the Borough Clerk all convictions for violation of this article, and the Borough Clerk shall, in addition to the record of licenses issued as provided by § 151-5C, record the reports of all such violations.
A. 
Licenses issued under the provisions of this article may be revoked by the Council after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation, or false statement contained in the application for the license or for the registration of certificate.
(2) 
Fraud, misrepresentation or false statement made by the licensee in the course of carrying on his/her business as solicitor, canvasser, peddler or hawker.
(3) 
Any violation of this article.
(4) 
Conviction of any crime or disorderly persons offense involving moral turpitude.
(5) 
Conducting the business of soliciting, canvassing, peddling or hawking in an unlawful manner or in such a manner as to constitute a breach of the peace or as to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for revocation of a license shall be given to the licensee in writing, setting forth specifically the grounds of complaint and the time and place of hearing such notice shall be mailed by registered or certified mail, return receipt requested, addressed to the licensee at his/her last known address, at least five days prior to the date set for hearing.
A. 
Exempt registrants.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
(1) 
Any person holding a valid and subsisting special license to hawk, peddle or vend issued by the appropriate County Clerk pursuant and subject to the provisions of N.J.S.A. 45:24-9 et seq. shall be exempted from applying for or obtaining a license or payment of a license fee; provided, however, that such person before engaging in the Borough in the activity authorized by such special license shall submit his/her special license to and register with the Chief of Police. A certificate of registration signed by the Chief of Police shall be issued to him/her. The said certificate of registration shall state:
(a) 
Name and address of registrant.
(b) 
Name and address of his/her employer, if any.
(c) 
Kind of goods to be sold or services to be performed or furnished by him/her.
(d) 
Date of issuance and length of time the registration shall be effective.
(e) 
License number or other identifying description of any vehicle to be used.
(2) 
The Chief shall keep a permanent record of all registrations.
B. 
Notwithstanding the exemptions as to license and fee under this article, the registrant shall comply with all other applicable regulations under the article.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
The provisions of this article shall not apply to persons soliciting in behalf of any bona fide nonprofit religious, charitable, educational, fraternal, community or civic organizations or institutions, including, but not by way of limitation, Community Chest, heart, cancer and similar funds, American Red Cross, nationally chartered veterans' organizations, hospitals, volunteer fire companies, first aid squads, ambulance corps; provided that such organizations or institutions register with the Chief of Police before commencing solicitation.
[Adopted 4-20-1998]
A. 
Charitable organizations as defined in Section 3 of C.L. 1994, c. 16 (N.J.S.A. 45:17A-20) may solicit contributions in the roadway of any highway other than interstate highways or toll roads, subject to regulations promulgated by the Department of Transportation in consultation with the Division of Highway Traffic Safety.
B. 
Requests for solicitations as provided above shall be made to the Chief of Police and approval shall be in accordance with the directives of the Chief of Police and/or regulations promulgated by the governing body.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
C. 
Solicitations may take place as per the directives of the Chief of Police.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]