[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex 11-24-2020 by Ord. No. 2013.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 309, Peddling and Soliciting, adopted 12-27-1951 by Ord. No. 183, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person, organization, firm, partnership, corporation, company, association, society, class, league, or other entity or group seeking to obtain a permit for commercial solicitation. The term "applicant" shall not include members of a bona fide nonprofit political, charitable, or religious organization.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruits, 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 or solicitors, as defined herein.
PEDDLER
A person, commonly referred to as a "peddler" or "hawker," who goes from place to place by traveling on the streets or from house to house and carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers. For the purposes of this chapter, "peddler" shall also mean "transient merchant," "itinerant vendor," "itinerant merchant," "hawker," "distributor" or "solicitor."
PERSON
An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
SOLICITOR
Any person, whether a resident of the Borough 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."
The following practices are hereby regulated in accordance with the provisions of this chapter:
A. 
That of going in and upon private residences by peddlers (as herein defined) not having been requested or invited to do so by the owner or occupant, for the purpose of soliciting orders for the sale of goods, wares and merchandise, or for the purpose of disposing of the same.
It shall be unlawful for any person to engage in peddling, soliciting or canvassing within the Borough of Middlesex without first registering with the Borough Clerk by filing an application for a license and having paid the license fee in compliance with the provisions of this chapter. No person shall engage in any regulated activity, as set forth in § 309-2 hereof, without first having obtained a written license from the municipality. All licenses shall expire at the close of December 31 of the year in which they are issued.
The requirements of this chapter shall be held not to include the following persons, who are expressly exempt from its application:
A. 
Any person selling fruits, vegetables and farm products grown by himself, with or without the help of others.
B. 
Any person honorably discharged from the military, naval or marine forces of the United States, possessing a license issued in conformity with Article II of Chapter 24 of Title 45 of Revised Statutes of New Jersey.
C. 
Any blind person who is a resident of this Borough.
D. 
Any person who conducts a sale pursuant to statute or court order.
E. 
Any person who is an exempt member of a volunteer fire department as defined by Article II of Chapter 24 of Title 45 of Revised Statutes of New Jersey, possessing a license issued in conformity with said law.
F. 
Any person delivering or soliciting newspapers.
G. 
The Middlesex Borough Rescue Squad, the Middlesex Fire Department or any of the various fire companies or any other organizations associated with the Borough of Middlesex.
It shall be unlawful for any transient merchant, itinerant vendor, itinerant merchant, peddler, hawker, distributor or solicitor to sell, buy, dispose of or offer to sell or dispose of any goods, wares, merchandise or other things of value and/or service in or on any portion of a public right-of-way, nor shall any license be issued to any of the persons named herein nor to a mobile retail food establishment where the location of any activity or activities forming a part of the applicant's business shall be closer than 25 feet to the right-of-way line of any street in the Borough of Middlesex.
[Amended 6-15-2021 by Ord. No. 2035]
Any person desiring a license to carry out any regulated activity in the Borough shall file, not more than three months prior to the time such activity shall commence, nor fewer than 10 days prior thereto, together with the fee and bond provided by § 309-11, of this chapter, an application consisting of the following. The application fee shall be nonrefundable, unless the application is rejected by the Borough then the fee shall be returned to the applicant.
A. 
A statement, on a form to be supplied by the Borough Clerk, setting forth:
(1) 
The applicant's name and social security number.
(2) 
The applicant's permanent home address.
(3) 
If employed, the name and address of the applicant's employer.
(4) 
The applicant's place(s) of residence for the preceding three years.
(5) 
The dates on which the applicant wishes to commence and complete the regulated activity.
(6) 
Whether the applicant has ever been convicted of a crime, misdemeanor or violation of any ordinance concerning canvassing or solicitation and, if so, the date, place and nature of the offense and the penalty imposed.
(7) 
Names or other communities in which the applicant has worked as a canvasser or solicitor in the past two years.
(8) 
Make, model, description and license number of any automobile that the applicant will use in connection with the regulated activity.
(9) 
The use and disposition of any funds to be solicited.
(10) 
A description of the methods to be used in conducting solicitations of funds.
(11) 
Proof, if applicable, that the organization on behalf of which the regulated activity will be conducted is a nonprofit corporation and/or exempt from federal income taxation.
(12) 
A brief statement of the nature of the activity, any associates businesses or organizations, and, if applicable, a description of the merchandise or service to be sold.
(13) 
Three copies of 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.
(14) 
The fingerprints and a background check of the applicant, to be completed and approved by the Borough of Middlesex Police Department.
B. 
A letter or other written statement from the individual, firm or corporation employing the applicant, certifying that the applicant is authorized to act as the employer's representative in carrying out the regulated activity.
If more than one agent, solicitor or canvasser will participate in any door-to-door campaign, each participant must make a separate application, supplying all information required pursuant to § 309-6 hereof.
A. 
Once the necessary approvals have been met, the Borough Clerk shall issue the applicant a license to conduct the regulated activity unless:
(1) 
The applicant has been convicted of a felony within the previous five years;
(2) 
The applicant has been convicted of violating an ordinance pertaining to canvassing or soliciting; or
(3) 
Any information contained in the application is found to be false or misleading.
B. 
If the application is denied, the applicant shall be notified, by mail, of the application's disapproval and that no license shall be issued.
A. 
Every person holding a license under this chapter shall be required to carry this license with him or at his business premises while engaged in the business licensed.
B. 
The license shall be worn on the front of his or her outer garment in such a way to be visible to a person facing him or her at all times during the conduct of his or her activities.
C. 
The license shall, upon demand, be exhibited to any police officer or other municipal official and shall be displayed to any person approached in connection with any regulated activity. In door-to-door canvassing, the peddler or solicitor must hand the license to the person being solicited for inspection, at the time he first approaches the individual.
D. 
No person shall conduct a regulated activity 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.
E. 
No person shall make any fraudulent, misleading or incorrect statement in the course of conducting a regulated activity.
F. 
It shall be a violation of this chapter if any person to whom a license is issued pursuant to this chapter shall be convicted of a felony while the license is in effect.
G. 
A license shall not be transferable from the person whom issued to any other person.
A. 
No license shall be issued in accordance with this chapter unless:
(1) 
A fee of $300 is paid by the applicant.
(2) 
The applicant provides a $2,000 bond to the Borough of Middlesex in a form approved by the Borough Attorney. Such bond may be subject to forfeiture upon proof of: 1) falsification in the application for a license; or 2) willful violation of a Borough ordinance or a state or federal law.
B. 
Where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately, and each shall pay the appropriate fees. Upon expiration of a permit, a new permit will be issued upon compliance with all provisions of this chapter and the payment of fees.
A. 
A license issued pursuant to this chapter may be revoked by the Borough Clerk or the Borough Clerk's designee for any of the following causes:
(1) 
Any fraud, misrepresentation or false statements contained in the application for the license.
(2) 
Any fraud, misrepresentation or false statements made in connection with the selling of goods, wares or merchandise.
(3) 
Any violation of this chapter.
(4) 
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
(5) 
Conducting the business license under this chapter in an unlawful manner or in such a manner as to constitute a danger and/or menace to the health, safety or general welfare of the public.
B. 
Written notice of an appeal from any such revocation may be made to the governing body of the municipality within 10 days of the date of the revocation, and the governing body shall schedule a hearing on the appeal within 30 days after the receipt of said written appeal. The decision of the Borough Council on such appeal shall be final and conclusive.
C. 
Any person that has his or her license revoked pursuant to the provisions of this chapter shall immediately cease and desist from the sale of all merchandise and any related activities within the borders of the Borough.
D. 
Any permit may be renewed upon payment of a permit fee and upon submission of a new application in conformity with this chapter.
A. 
It shall be unlawful for any peddler, hawker or solicitor to sell or dispose of or to offer to sell or dispose of or to solicit any wares, goods, merchandise or service or to solicit any contributions within the Borough of Middlesex before the hour of 9:00 a.m. and after 1/2 hour after sunset, prevailing time; provided, however, that this provision shall not apply to sales of food, confectioneries and ice cream sold at scheduled recreational or cultural events nor to mobile canteen services to industrial and commercial employees at their place of work. The restriction making it unlawful for solicitors to solicit any contributions within the Borough of Middlesex after 1/2 hour after sunset prevailing time shall not apply to those solicitors who are seeking any form of contributions for a religious, charitable or nonprofit corporation nor shall it apply to persons attempting to exercise their First Amendment right of free speech by disseminating their views, attempting to recruit members and/or encouraging citizens to support positions on various issues by signing petitions or contacting local legislators.
B. 
Any person violating § 309-14A of this amendatory chapter shall be subject to a fine of not more than $200 nor less than $25 or imprisonment for a period not exceeding 90 days, or both.
It is hereby declared to be one of the policies of the Borough of Middlesex that the occupant or occupants of the residences in this Borough shall have the right to make a determination as to whether solicitors shall be or shall not be invited to their respective residences. If a determination has been made by an occupant of a residence that solicitors, peddlers and/ or hawkers shall not be invited to their respective residences, notice of the determination by the occupant of refusing to invite solicitors to any residence shall be given by notice posted on the premises in the following manner: "No solicitors invited." The letters shall be at least two inches in height and shall be displayed so that they are clearly visible to any prospective solicitors, peddlers and/or hawkers. Signs which indicate "No solicitors invited" shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon, and if the notice states "No solicitors invited," then the solicitor, hawker and/or peddler shall immediately and peacefully depart from the premises. Any solicitor, hawker and/or peddler who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
Uninvited soliciting is prohibited. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises or ring the doorbell upon or near any door or create any sound in any manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaging in soliciting in defiance of the notice exhibited at the residence in accordance with the provisions of this chapter.
All other portions of the various ordinances regulating the activities of solicitors, hawkers and peddlers in the Borough of Middlesex which are not inconsistent with the terms of this chapter shall remain in full force and effect.
Any person required by this chapter to procure a license who violates its terms or fails to comply with Article 1 of Chapter 24 of Title 45 of the Revised Statutes of New Jersey shall be subject to a fine of not more than $500 for each violation.
It shall be the duty of all police officers of the Borough, or any other employee/officer designated by the Borough Administrator, to enforce the provisions of this chapter.