[HISTORY: Adopted by the Township Council of the Township of Lopatcong 12-30-1974
by Ord. No. 250 as Ch. 81 of the 1974 Code of the Township
of Lopatcong. Amendments where applicable.]
GENERAL REFERENCES
Littering — See Ch. 143.
This chapter is adopted to regulate the distribution of certain materials,
peddling, soliciting and related activities within the Township of Lopatcong.
The registration of persons engaged in the above-mentioned activities is required
so that the identity of persons going door to door or distributing materials
within the township may be established, so that general regulations may be
more effectively enforced, for the protection and maintenance of the health,
safety and welfare of the inhabitants of the township and to prevent dishonest
business practices and dishonest solicitation of funds in the township.
As used in this chapter, the following terms shall have the meanings
indicated:
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services and orders
or contracts for services, home improvements or alterations, and anything
that may be sold or distributed by peddlers, solicitors or distributors, as
defined herein.
Any person, whether a resident of the township or not, who goes from
house to house, from place to place or from street to street, traveling by
foot, automotive vehicle or any other type of conveyance, carrying or transporting
merchandise for the purpose of selling and delivering the merchandise to customers.
The word "peddler" shall also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization, club,
association or any principal or agent thereof.
Any person, whether a resident of the township or not, who goes from
house to house, from place to place or from street to street, traveling by
foot, automotive vehicle or any other type of conveyance, soliciting, taking
or attempting to take orders for the sale of merchandise or services of any
kind for future performance or delivery, whether or not such individual has,
carries or exposes for sale a sample of the merchandise or services and whether
or not he is collecting advance payments on such sales or orders, or who engages
in any of the foregoing activities from a stationary location on any street
or other public place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door, as described above, for the purpose
of soliciting and/or who collects funds from a stationary location on any
street or other public place.
Any person engaging in the activities commonly referred to as "transient
merchant" or "itinerant vendor," who merchandises or sells with the intent
to close out or discontinue such business within a period of one year from
the date of commencement and occupies a room, building, tent, lot or other
premises for the purpose of selling merchandise.
[1]
Editor's Note: The former definition of "distributor," which
immediately preceded this definition, was repealed 8-2-2000 by Ord. No. 2000-18.
[Amended 8-2-2000 by Ord. No. 2000-18]
It shall be unlawful for any peddler, solicitor or transient merchant
to sell or offer for sale merchandise or services within the township without
first registering with, filing an application for registration, paying a registration
fee and obtaining a registration certificate from the Township of Lopatcong.
[Amended 8-2-2000 by Ord. No. 2000-18]
Upon obtaining a registration certificate as hereinafter provided, a
peddler, solicitor or transient merchant may conduct his activities within
the township only as long as he adheres to the regulations set forth herein
and carries the registration certificate upon his person at all times during
the conduct of his activities. The registration certificate shall identify
the person and the type of activity for which he has registered and shall
be shown to any person or police officer upon request. All certificates shall
expire December 31 of the calendar year in which they are issued.
Every applicant for a certificate under this chapter shall file with
the Township Clerk a sworn written application on a form to be furnished by
said Clerk, which shall give or be accompanied by the following information
or documents:
A.
The name and a description of the applicant.
B.
The permanent home address and full local address 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 certificate is desired.
F.
If a vehicle is to be used, a description of such vehicle
and its license number.
G.
The place where the merchandise or services 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 by two (2 x
2) inches.
I.
Two business references located in the County of Warren,
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.
The fingerprints of the applicant.
A.
When the 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 within five days such investigation of
the applicant's business responsibility and character as he deems necessary
for protection of the public good.
B.
If as a result of such an 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. 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 applicant:
C.
In the absence of any such finding, the Chief of Police
shall find the application satisfactory and shall endorse his approval on
the application and return the application to the Township Clerk.
A.
If an application is found unsatisfactory by the Chief
of Police and he has endorsed his disapproval upon the application, the Township
Clerk shall notify the applicant by mail that the application is disapproved
and shall deny the applicant any registration certificate.
B.
If an application is found satisfactory by the Chief
of Police, the Township Clerk shall issue a registration certificate addressed
to the applicant to conduct the business applied for upon payment of the proper
fee by the applicant. Such certificate shall contain the signature of the
issuing officer and shall show the name, address and photograph of the applicant,
the type of business (peddler, solicitor, transient merchant) the applicant
has registered for, the kind of goods or services to be sold thereunder, the
date of issue, the length of time the certificate shall be operative and the
license number and other identifying description of any vehicle used in the
activity licensed.
[Amended 8-2-2000 by Ord. No. 2000-18]
[Amended 2-19-1992 by Ord. No. 1992-02; 8-2-2000
by Ord. No. 2000-18]
A.
At the time of the issuance of a registration certificate,
a fee of $50 shall be paid by the applicant to cover the costs of the fingerprinting,
investigation and the administration and enforcement of this chapter.
B.
Where an organization has several agents peddling or
soliciting merchandise, each agent shall be registered separately and each
shall pay the appropriate fee. Upon expiration of a certificate, a new certificate
will be issued upon compliance with all provisions of this chapter and the
payment of fees and posting of bond, except that the investigation and waiting
period therefor may be waived if approved by the Township Clerk and Chief
of Police.
A.
Prior to the issuance of any certificate, the applicant
shall file with the Township Clerk a bond running to the township in the amount
of $5,000, with good and sufficient surety, in such form as shall be approved
by the Township Attorney or his designated representative. Said bond shall
remain in force for the term of the certificate and shall be conditioned to
indemnify and pay the township for any penalties or costs incurred in the
enforcement of any of the provisions of this chapter and to indemnify or reimburse
any purchaser of personal property from the holder of the certificate in a
sum equal to at least the amount of any payment such purchaser may have been
induced to make through the misrepresentation as to the kind, quality or value
of the personal property, whether the misrepresentations were made by the
licensee or said licensee's agents, servants or employees either at the
time of making the sale or through any advertisement printed or circulated
with reference to such personal property or any parts thereof.
[Amended 2-19-1992 by Ord. No. 1992-02]
B.
The aforesaid bond shall be declared forfeited upon proof
of falsification in the application for a certificate.
C.
Said bond shall be deemed forfeited upon proof of violation
of any of the provisions of this chapter by the applicant or his agents, servants
or employees.
D.
The Township Council may, by resolution, exempt persons
from the bond requirement, provided that the applicant satisfies the Council
that the nature of his activity does not jeopardize the position of the township
or the protection given herein to the residents.
[Amended 2-19-1992 by Ord. No. 1992-02]
[Amended 2-19-1992 by Ord. No. 1992-02]
Any person aggrieved by the action of the Chief of Police or of the Township Clerk in the denial of a certificate, as provided in § 161-7 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 hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 161-11 of this chapter for notice of hearing on revocation. The decision of the Township Council on such appeal shall be final and conclusive.
A.
Certificates issued under the provisions of this chapter
may be revoked by the Township Council after notice and hearing for any of
the following causes:
[Amended 2-19-1992 by Ord. No. 1992-02]
(1)
Fraud, misrepresentation or a material incorrect statement
contained in the application for a certificate.
(2)
Fraud, misrepresentation or a material incorrect statement
made in the course of carrying on his business as solicitor, peddler or transient
merchant.
[Amended 8-2-2000 by Ord. No. 2000-18]
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, solicitor or transient
merchant in an unlawful manner or in such manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general welfare
of the public.
[Amended 8-2-2000 by Ord. No. 2000-18]
B.
Notice of the hearing for revocation of a certificate
shall be given by the Township Clerk in writing, setting forth specifically
the grounds of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the holder of the certificate at the address
given on the application at least five days prior to the date set for the
hearing or shall be delivered by the agent of the township in the same manner
as a summons at least three days prior to the date set for the hearing.
C.
Upon revocation, the certificate shall be surrendered
to the Township Clerk.
No person or certificate holder shall:
A.
Peddle or solicit merchandise except between the hours
of 8:00 a.m. and 6:00 p.m., unless specifically having been invited into a
house by the occupant or having made an appointment with a person previously.
[Amended 8-2-2000 by Ord. No. 2000-18]
B.
Attempt to peddle or solicit merchandise without first
having identified himself as a peddler or solicitor registered with the township
and displaying his certificate.
[Amended 8-2-2000 by Ord. No. 2000-18]
C.
Have exclusive right to any location in the public streets
or operate in any congested area where his operations might impede or inconvenience
the public.
D.
Leave at a property or house or in any public place circulars,
samples or other matter, except newspapers, which shall be defined as a periodical
with a paid circulation of at least 90% of its total circulation, except when
handed to a person or house occupant.[1]
E.
Enter or attempt to enter the land of any resident in
the township without an express invitation from the occupant of the house.
F.
Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
G.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or -amplifying device upon any of the streets, parks or public places of the
township or upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the streets,
avenues, parks or other public places of the township or upon private premises,
for the purpose of attracting attention to any merchandise or services.
H.
Distribute obscene merchandise or printed material or
that which advocates unlawful conduct.
I.
Litter the streets, public places or properties within
the township with any merchandise or printed material.
The following persons or organizations are exempt from the payment of
a fee and, in the discretion of the Chief of Police, the application and/or
investigation procedures, upon compliance with all other provisions of this
chapter and submission of applicable identification and documents to support
the claim to exemption:
A.
Any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied to the
payment of the expenses thereof and to the charitable or religious object
for which the society exists.
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 in 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 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 school, political or civic organization, benevolent
society, service club or organization not for profit which is located in or
has a substantial membership from the township.
[Amended 2-19-1992 by Ord. No. 1992-02]
Any person violating the terms of this chapter, whether as principal,
agent or employee of another, shall, upon conviction in the Municipal Court,
be subject to a fine not exceeding $1,000 or to imprisonment in the county
jail not exceeding 90 days or to a period of community service not exceeding
90 days, or any combination thereof.
