[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of Jefferson 8-16-1965 by Ord. No.
187 (Ch. 69 of the 1967 Code).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Itinerant retail food-handling establishments — See Ch. 267.
Junk dealers — See Ch. 300.
Special sales — See Ch. 380.
[1]
Editor's Note: The title of this chapter was changed from
"Peddling, Hawking and Soliciting" to "Canvassing, Soliciting and
Peddling" 12-18-2019 by Ord. No. 19-25.
As used in this chapter, 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 alterations shall be considered merchandise within
the terms of this chapter.
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
them to customers. The word "peddler" shall include the words "hawker"
and "huckster."
Includes the masculine and the feminine and the singular
and the plural and shall be construed to mean and include any individual,
firm, partnership, corporation, association, club or any other organization,
or any principal or agent thereof.
A canvasser, hawker, or peddler, including any person who
engages in the practice of going from place to place, house to house,
door to door, or person-to-person, including an employee or agent
of another, traveling either by foot, truck, automobile or other conveyance.
[Amended 12-18-2019 by Ord. No. 19-25]
[Amended 12-18-2019 by Ord. No. 19-25]
The equipment used or employed by solicitors
and vendors of ice cream, foods, beverages, confections and other
related commodities shall be maintained in a clean and sanitary manner
and shall obtain a food handler's permit from the Division of Health.
Any violation found and not immediately corrected shall be grounds
for revocation of a license.
Except as otherwise provided in § 359-4 hereof, it shall be unlawful for any solicitor, hawker or peddler to sell or dispose of or to offer to sell or dispose of, any goods, wares or merchandise, or to solicit orders for the performance of any service, within the corporate limits of the Township of Jefferson, without first obtaining a license therefor in compliance with the provisions of this chapter. Such license shall not be transferable from the person to whom 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 requirements of this chapter shall not apply
to the following:
A.
Any individual or group advocating or soliciting on
behalf of a not-for-profit organization, upon proof of not-for-profit
status, including religious organizations, political or civic organizations,
and schools.
[Amended 12-18-2019 by Ord. No. 19-25]
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 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, possessing
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 his 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.
Officers or employees of the Township, county, state,
and/or federal government when on official business, including federal
census takers and polls or surveys taken pursuant to federal, state
and/or local law.
[Amended 12-18-2019 by Ord. No. 19-25]
H.
Any person
under 18 years of age.
[Added 12-18-2019 by Ord. No. 19-25]
[Amended 12-18-2019 by Ord. No. 19-25]
Every applicant for a license under this chapter shall file
with the Township Clerk a sworn written application, in duplicate
on a form to be furnished by said Clerk, including but not limited
to:
A.
Name and
description of the applicant.
B.
Permanent
home address and full local address, e-mail address and cell phone
number of the applicant.
C.
A brief
statement of the nature of the business and a description of the merchandise
or service 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 license is desired.
F.
If a vehicle
is to be used, a description of such vehicle and its license number.
G.
The place
where the goods or property to be sold or offered for sale are manufactured
or produced, where such goods or property are located at the time
such application is filed and the proposed method of delivery.
H.
A photograph
of the applicant taken within 60 days immediately prior to the date
of the application, which photograph shall clearly show the head and
shoulders of the applicant and shall measure two inches by two inches.
I.
Two business
references located in the County of Morris, 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.
J.
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.
K.
Proof of
insurance coverage in the minimum amount of $100,000 per person/$500,000
per occurrence for general liability and $50,000 for property damage.
[Amended 11-6-1991 by Ord. No. 28-91; 12-5-2001 by Ord. No.
35-01; 6-27-2012 by Ord. No. 9-12; 12-18-2019 by Ord. No. 19-25]
At the time the application is filed, a fee
of $100 shall be paid to the Township Clerk to cover the cost of processing
the application and investigating the facts stated therein.
[Amended 6-27-2012 by Ord. No. 9-12; 12-18-2019 by Ord. No. 19-25]
A.
The Township
Clerk shall process and make a determination as to whether a license
shall be issued or denied within 10 business days of submission of
a complete application.
B.
The license
issued hereunder shall contain the signature of the issuing officer
and shall show:
C.
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, a photograph
of the licensee and the expiration date in letters and figures easily
discernible. Such badge must be worn constantly by the licensee in
such a manner as to be readily visible when engaged in the activities
herein.
[Amended 12-18-2019 by Ord. No. 19-25]
Every holder of a peddler's or solicitor's license
issued by the Township Clerk under the authority of this chapter or
by the Clerk of the County of Morris under the authority of N.J.S.A.
45:24-1 et seq. 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 Jefferson. He shall produce such license
at the request of any official of said Township or of any resident
of said Township with whom he wishes to conduct his said business
or activity. Every such licensee shall restrict his selling activity
within Jefferson Township to the hours between 9:00 a.m. and 9:00
p.m. prevailing time on Mondays through Saturdays.
[Amended 12-3-2003 by Ord. No. 41-03]
No peddler or solicitor shall call attention
to his business or to his merchandise by crying out, blowing a horn,
ringing a bell, other than the doorbell of a building or by any other
loud or unusual noise. No peddler or solicitor shall conduct, or attempt
to conduct, his business at any residence or on any property which
is posted a sign expressly prohibiting such activity. No peddler or
solicitor shall store outdoors any goods or materials, nor display
said goods or materials outdoors or from any vehicle.
It shall be the duty of any police officer of
the Township of Jefferson to enforce the provisions of this chapter
and 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 chapter and shall
record therein all convictions for violations of this chapter and
other pertinent circumstances and incidents reported by the Chief
of Police.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Township Council, 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 by the
licensee in the course of conducting the business licensed.
(3)
Any violation of this chapter.
(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.
In the event that the Chief of Police shall determine
that there has been a violation, in accordance with the provisions
of this section, he shall then immediately notify the Township Council
of the violation and shall order the licensee to suspend further operation
until a hearing, in accordance with the provisions of this section,
is held.
[Added 6-27-2012 by Ord. No. 9-12[1]]
C.
Written
notice of the hearing for revocation of a license shall be given to
the licensee by the Clerk. The hearing shall be held within 30 days
of the date of the notice. Such notice shall set forth the specific
grounds of the complaint and the time and place of the hearing and
shall either be delivered personally to the licensee or be sent by
certified mail to the licensee at his last known address at least
five days prior to the date set for hearing.
[Amended 6-27-2012 by Ord. No. 9-12]
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 § 359-7 of this chapter, shall have the right of appeal to the Township Council. Such appeal shall be taken by filing with the Township Council, 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 Council shall set a time and place for such hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 359-12 of this chapter for notice of hearing on revocation. The decision of the Township Council on such appeal shall be final and conclusive.
All licenses issued under the provisions of this chapter shall expire December 31 of the calendar year in which they are issued. Any such license may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of § 359-5 of this chapter or, in lieu thereof, a sworn statement setting forth all changes in the information contained in the application for the expired license which are necessary to bring said application completely up-to-date. Such new application, or statement in lieu thereof, shall be subject to the provisions and standards set forth in § 359-5 of this chapter.
[Amended 9-21-1970 by Ord. No. 273]
Any person who shall violate any of the provisions
of this chapter shall be subject to a fine not exceeding $500 or imprisonment
in the county jail for a term not exceeding 90 days, or both, in the
discretion of the Municipal Court Judge before whom such conviction
shall be had.
