As used in this article, the following terms shall have the meanings
indicated:
Includes all goods, wares, food, fruit, vegetables, farm products,
magazines, periodicals and all kinds of articles of personal property for
domestic use; and orders or contracts for a service, home improvement or alteration
shall be considered merchandise within the terms of this article.
A person or entity possessing a tax-exempt status which shall be
evidenced by furnishing to the Township of Hillsborough a tax-exempt number
provided by the State of New Jersey and/or the Government of the United States.
Any person who goes from place to place by traveling on the streets
and roads or from house to house, carrying, conveying or transporting goods,
wares or merchandise for the purpose of selling and delivering it to customers.
Any person who goes from place to place by traveling on the streets and roads
or from house to house seeking to purchase or acquire goods, wares or merchandise,
(i.e., antiques, etc.). The word "peddler" shall include the words "hawker
and huckster."
[Amended 6-9-1998 by Ord.
No. 98-21]
Includes the masculine and feminine and the singular and plural and
includes any individual, firm, partnership, corporation, association, club
or any other organization or any principal or agent thereof.
Any person who goes from place to place by traveling on the streets and roads or from house to house taking or attempting to take orders for the 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 such person has, carries or exposes for sale a sample of the object to be sold and whether or not he is collecting advance payments on such sales. The word "solicitor" shall include the word "commercial canvasser;" provided, however, that this definition shall not include wholesale salesmen calling on retail merchandisers or that grouping of individuals or entities defined as "noncommercial canvassers" which is the subject matter of Article III of this chapter.
The purpose of this article is to prevent dishonest business practices,
to provide for traffic and pedestrian safety by regulating the use of the
streets and property adjacent thereto, to prevent extended parking or trespassing
on private or public property, to prevent violations of the Township Zoning
Ordinance,[1] to protect traffic and pedestrian safety and prevent violations
of the Motor Vehicle Code and to generally provide for the safety of the residents
of this community in the best interest of its welfare.
[Amended 6-9-1998 by Ord.
No. 98-21]
Except as otherwise provided in § 227-4 hereof, it shall be unlawful for any solicitor, hawker or peddler to sell or dispose of or to offer to sell or dispose of or offer to purchase or acquire any goods, wares or merchandise or to solicit orders for the performance of any service within the corporate limits of the Township of Hillsborough without first obtaining a license therefor in compliance with the provisions of this article. Such license shall not be transferable from the person to whom it was issued to any other person. A separate license shall be obtained by a licensed solicitor, hawker or peddler for every agent or employee working for him.
The licensing requirements of this Article I shall not apply to the following:
A.
Any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied to the
charitable or religious object for which the society exists.
B.
Any person honorably discharged from the military services
of the United States who possesses a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 45:24-10.
C.
Any person who is an exempt fireman of a volunteer fire
department as defined by N.J.S.A. 45:24-9 and 45:24-10 and who possesses a
license in conformity with said law.
D.
Any public utility or its employees, which said public
utility is subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification badge
or card issued by their employer.
E.
Any person selling fruits and farm products grown by
himself, with or without the help of others.
F.
Any person engaged in the delivery of goods, wares or
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.
G.
Any person delivering or soliciting newspapers.
H.
Any nonprofit organization conducting door-to-door solicitation
for the organization; provided, however, that such organization submits a
list of all dates for solicitation and the names and addresses of all solicitors
and otherwise complies with the terms of this article.
[Amended 6-9-1998 by Ord.
No. 98-21]
A.
Every applicant for a license under this article shall file with
the Township Clerk a sworn written application, in duplicate, on a form to
be furnished by said Clerk, which shall give the following information:
(1)
Name, date and place of birth, social security number, and description
of the applicant.
(2)
Permanent home address and phone number and full local address
of the applicant; the name, address and phone number of the nearest relative.
(3)
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
(4)
If employed, the name, address and phone number of employer,
together with credentials establishing the exact relationship.
(5)
The length of time for which the license is desired.
(6)
If a vehicle is to be used, a description of such vehicle and
its license number as well as the driver's license number and state of issuance
of all drivers of such vehicles.
(7)
The place where the goods or property to be sold or offered for
sale are manufactured or produced, where such goods or property is located
at the time such application is filed and the proposed method of delivery.
(8)
Three photographs of the applicant taken within 60 days immediately
prior to the date of the application.
(9)
The fingerprints of the applicant.
(10)
Two business references located in the County of Somerset, State
of New Jersey, or in lieu thereof such other available evidence of the character
and business responsibility of the applicant as will enable an investigator
to properly evaluate such character and responsibility.
(11)
A statement as to whether 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 assessed therefor.
B.
Any false information provided on this application may
be cause for the application to be denied or revoked.
[Amended 6-9-1998 by Ord.
No. 98-21]
A.
At the time the application is filed, the following fees
shall be paid:
B.
The latter fee shall be delivered to the Chief of Police, who shall cause such fingerprint check to be conducted in accordance with the investigation directive provided to such municipal official under § 227-7. The fee provided by the applicant to the Chief of Police for a fingerprint check shall represent the actual cost imposed by the state for such services.
[Amended 6-9-1998 by Ord.
No. 98-21]
When the aforesaid application is properly filled out and signed by
the applicant, the original and duplicate thereof shall be filed with the
Township Clerk; the Clerk shall refer the original to the Chief of Police,
who shall make or cause to be made such investigation of the applicant's business
responsibility and moral character as he deems necessary for protection of
the public good.
A.
If as a result of such investigation the applicant's
character or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his reasons
therefor and return said application to the Township Clerk, who shall notify
the applicant that the application is disapproved and that no license shall
be issued. Any determination by the Chief of Police that an application is
unsatisfactory shall be based on one or more of the following findings with
respect to the background of the applicant:
B.
If as a result of such investigation the character and
business responsibility of the applicant are found satisfactory, the Chief
of Police shall endorse on the application his approval and mark the same
"satisfactory," execute a license addressed to the applicant to conduct the
business applied for and return said license, with the application, to the
Township Clerk, who shall issue the license to the applicant. Such license
shall contain the signature of the issuing officer and shall show the name,
address and photograph of the licensee, the class of license issued, the kinds
of goods or services to be sold thereunder, the date of issue, the length
of time the license shall be operative and the license number and other identifying
description of any vehicle used in the peddling or soliciting activity licensed.
A.
The Township Clerk shall issue to each licensee at the
time of delivery of his license a badge which shall show the nature of the
license, the period for which the license is issued and the number of the
license in letters and figures easily discernible for a distance of 10 feet.
Such badge shall, during the time such licensee is engaged in peddling or
soliciting, be worn constantly by the licensee on the front of his outer garment
in such a way as to be visible to a person facing him.
B.
All licensees using automobiles or other vehicles in
connection with their business shall have affixed thereon a metal plate which
shall bear the words "licensed peddler," "licensed hawker," "licensed solicitor"
or "licensed canvasser," together with a number and the year for which it
is issued.
A.
Every holder of a peddler's license or solicitor's license
issued by the Township Clerk under the authority of this article or by the
Clerk of the County of Somerset under the authority of N.J.S.A. 45:24-9 shall
be required to carry such license with him while engaged in the business or
activity licensed within the corporate limits of the Township of Hillsborough.
He shall produce such license at the request of any official of said Township
or any resident of said township with whom he wishes to conduct his said business
or activity.
B.
Every such licensee shall notify the police officer on
duty immediately after completing his daily selling or soliciting activity.
Such notification shall include a statement as to the general area of Hillsborough
Township in which the licensee intends to conduct or has conducted said activity.
A.
No peddler or solicitor shall conduct or attempt to conduct
his business at any residence or on any property on which there is posted
a sign expressly prohibiting such activity.
B.
No peddler or solicitor shall have exclusive right to
any location in the public streets or operate at any congested area in such
a manner as to impede the flow of traffic or of pedestrians or to create a
breach of the peace.
C.
No peddler or solicitor shall refuse to leave any private
dwelling or property after having once been requested to do so by the owner
or occupant thereof
D.
No peddler or solicitor shall litter the streets or public
or private properties within the Township with any merchandise or printed
material.
E.
All peddlers or solicitors shall be courteous to all
persons in canvassing and shall not importune nor annoy any of the inhabitants
of the Township and shall conduct himself/herself in a lawful manner.
F.
A vending unit is any motor vehicle, pushcart, wagon
or other wheeled vehicle or device which may be moved with or without the
assistance of a motor used for the displaying, storing or transporting of
articles (goods or foods) offered for sale by the peddler or solicitor or
vendor. With respect to such vending unit:
(1)
No vending unit shall remain in a fixed location.
(2)
All vending units must be on wheels and/or be movable.
(3)
There shall be no vending within 200 feet of the grounds
of any school between the time period of 1/2 hour prior to the start
of the school day and 1/2 hour after dismissal at the end of the school
day.
(4)
There shall be no sale of food or beverage for immediate
consumption unless the vendor has made available for public use a litter receptacle.
(5)
No vendor shall allow any items relating to the operation
of the vending business to be placed anywhere other than in or under the vending
unit.
(6)
No vendor shall set up a crate, carton or rack to increase
the selling or display capacity of his/her unit or motor vehicle. There shall
be no stacking of items to be sold upon the sidewalk or street. All materials
and all merchandise shall be located solely on the vending unit.
(7)
No person shall sell anything other than such commodities
described in his registration.
(8)
No vendor shall sell from a vending unit on a sidewalk
where the sidewalk is not more than 10 feet in width or vend within 10 feet
of any entrance building or vend within 20 feet of any driveway or vend within
20 feet of any crosswalk or intersection or within 20 feet of any bus stop
or within 20 feet of any loading or unloading zone.
(9)
No vendor vending from a motor vehicle shall conduct
his business in such a way that would restrict or interfere with the ingress
or egress of an abutting property owner or tenant or create a public nuisance,
increase traffic congestion or delay or constitute a hazard to traffic, life
or property or an obstruction to an adequate access for fire, police or emergency
vehicles.
(10)
No vendor vending from any vending unit shall stop, stand
or park his unit on any street for the purpose of selling on any street under
the circumstances during the hours where parking, stopping or standing is
prohibited by signs or curb markings or is prohibited by statute or ordinance.
It shall be the duty of every police officer of the Township of Hillsborough
to enforce the provisions of this article and to require any person seen peddling
or soliciting who is not known by such officer to be duly licensed to produce
his peddler's or solicitor's license.
The Township Clerk shall maintain a record of all licenses issued under
the provisions of this article and shall record therein all convictions for
violations of this article and other pertinent circumstances and incidents
reported by the Chief of Police.
A.
Licenses issued under the provisions of this article
may be revoked by the Township Committee, after notice and hearing, for any
of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement contained
in the license in the course of conducting the business licensed.
(3)
Any violation of this article.
(4)
Conviction of any crime involving moral turpitude.
(5)
Conducting the business licensed in an unlawful manner
or in such a manner as to constitute a breach of the peace or a menace to
the health, safety or general welfare of the public.
B.
Notice of the hearing on revocation of a license shall
be given in writing. Such notice shall set forth the specific grounds of complaint
and the time and place of hearing and shall be sent by registered mail to
the licensee at his last known address at least five days prior to the date
set for hearing.
Any person aggrieved by the action of the Chief of Police or of the Township Clerk in the denial of a license, as provided in § 227-7 of this article, shall have the right of appeal to the Township Committee. Such appeal shall be taken by filing with the Township Committee, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Committee shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 227-13 of this article for notice of hearing on revocation.
All licenses issued under the provisions of this article shall be good for one year from the date of issue. Any such license may be renewed upon payment of a renewal fee of $5 and upon submission by the licensee of a new application in conformity with the requirements of § 227-5 or, in lieu thereof, a sworn statement in writing setting forth such changes in the information contained in the application for the expired license as are necessary to bring said application completely up-to-date or that there have been no changes. Such new application or such statement in lieu thereof shall be subject to the provisions and standards set forth in § 227-5.
