[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-1963; amended in its entirety 12-27-2012 by Ord. No. 26-12]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- MOBILE RETAIL FOOD ESTABLISHMENT
- Any movable truck, van, trailer, bicycle or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
- NONPROFIT VENDOR
- An organization, person or entity possessing a tax exempt status which shall be evidenced by furnishing to the Borough of Oaklyn a tax exempt number provided by the State of New Jersey and/or the Government of the United States.
- A person, commonly referred to as a "peddler" or "hawker" or "itinerant merchant" who goes from place to place or house to house by traveling on the streets and carries with him or her goods, wares, merchandise or other things of value for the purpose of selling and delivering them to consumers.
- A person who goes from house to house selling or buying goods. wares, merchandise or other things of value by sample or by taking orders for future delivery or selling a service, with or without accepting an advance payment for the goods, wares, merchandise, other things of value or service.
- TRANSIENT MERCHANT
- A person who, whether a resident of the Borough or not, engages in a temporary business within the Borough of selling and delivering goods, wares, merchandise or services within the Borough and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar or boat, public room in hotels, lodging houses, apartments or shops, parking lot, sidewalk, street, alley or other place within the Borough, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction.
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 by itinerant or transient merchants, to prevent extended parking or trespassing on private or public property, to prevent violations of the Borough Zoning Ordinance and in the case of mobile food vendors, to prevent violations of the State Sanitary Code, 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.
This article shall not apply to:
Any person conducting a sale pursuant to statute or court order.
Any person soliciting a vote or support for any political candidate, program or public issue.
Any person engaged in delivering goods, wares, merchandise or other articles or things in the regular course of business to the premises of a person ordering or entitled to receive the same.
Any person delivering or soliciting newspapers.
The provisions of § 98-6 of this article shall not apply to any person honorably discharged from the military, naval or marine forces of the United States possessing a license for one of the activities defined in § 98-1 of this article, issued in conformity with N.J.S.A. 45:24-10 and any amendments thereto, except that such person shall present such license to the Borough Clerk. All other provisions of this article shall be applicable.
The provisions of § 98-6 of this article shall not apply to any person who is an exempt member of a volunteer fire department possessing a license for one of the activities as defined in § 98-1 of this article, issued in conformity with N.J.S.A. 45:24-9b and the amendments thereto, except that such person shall present his/her license to the Borough Clerk. All other provisions of this article shall be applicable.
A transient merchant shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as part of or in the name of any local dealer, trader, merchant or auctioneer.
It shall be unlawful for any transient merchant, itinerant vendor, itinerant merchant, peddler, hawker or solicitor to sell, buy, dispose of or offer to sell or dispose of any goods, wares, merchandise or other things of value or services in or on any portion of a public right-of-way. This prohibition does not apply to vehicles that are properly licensed, registered and insured in accordance with the New Jersey Division of Motor Vehicle regulations and/or defined in this article as mobile retail food establishments.
It shall be unlawful for any mobile retail food establishment, transient merchant, itinerant vendor, itinerant merchant, peddler, hawker or solicitor to sell, buy, dispose of or offer to sell or dispose of any goods, wares, merchandise or other things of value or services or to solicit contributions, gifts, pledges or subscriptions of money or goods without first obtaining a license therefor.
Any nonprofit organization may acquire a single license for the sole purpose of conducting door-to-door solicitation of the organization upon submission of a list of all dates for such solicitation and the names and addresses of all solicitors and upon compliance with all other terms of this article.
Any nonprofit vendor may acquire a single license for the sole purpose of conducting canister drives at commercial establishments upon submission of a list of all dates and locations for such solicitation and the names and addresses of all solicitors and upon compliance with all other terms of this article. Such solicitation is limited to two persons per ingress and/or egress doorway and shall not involve any structures, displays or furniture.
Applicants for a license under this article shall file a written, sworn application signed by the individual if an individual, by all partners if a partnership, by the president if a corporation and by the highest two officers if an association, society or other form of organization with the Borough Clerk, showing:
The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the Borough; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which the person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any, and, if a corporation, under the laws of what state the same is incorporated.
The place or places in the Borough where it is proposed to carry on the applicant's business and the length of time during which it is proposed that the business shall be conducted. In furtherance hereof, the applicant shall be required to submit a sketch depicting the exact location on the property wherein the activities will be conducted and the distance from said location to the right-of-way line. In the event that during the life of the license the applicant desires to amend the location on the property wherein the activities will be conducted, the applicant shall be required to submit an amended sketch depicting the new location and obtain approval thereof, with all distances from said location to the right-of-way line.
The place or places, other than the permanent place of business of the applicant, where the applicant, within the six months preceding the date of the application, conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted.
A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant in the Borough; the invoice and quality of such goods, wares and merchandise; whether the same are proposed to be sold from stock in possession or from stock in possession and by sample, at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced; and where such goods or products are located at the time the application is filed.
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the Borough Clerk, copies of all such advertising, whether handbills, circulars, newspaper advertising or otherwise, shall be attached to the application as exhibits thereto.
Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor.
Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative.
Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the Chief of Police may deem proper to fulfill the purpose of this article in the protection of the public good.
All such applications shall be filed at least 30 days before the scheduled date of the activity for which an application is sought.
[Amended 10-9-2018 by Ord. No. 18-18]
The Borough Clerk shall forward the application to the following departments:
The police shall make such investigation of such person and such person's business responsibility and character deemed necessary to the protection of the public good. Further, the police shall examine such place or places to determine whether such place or places are likely to create traffic congestion or traffic hazards as a result of the location thereof or as a result of pedestrians or operators of motor vehicles utilizing such place or places.
As to any applicant for a license under this article, the Police Department of the Borough of Oaklyn shall, upon the initial application, conduct a full background investigation to the extent permitted by federal and state law. The appropriate police official shall report the results of such investigation to the Borough Council as soon as possible. With respect to subsequent renewals of the license, the Police Department shall conduct an investigation by name only for the purpose of the annual renewal of said application.
The Health Officer shall make such investigation of the application to determine whether any applicable state statutes, regulations or municipal ordinances or regulations pertain to the operation and determine compliance of said operation with such statutes, regulations and/or ordinances.
The Zoning Officer shall examine such application to determine compliance with any applicable provision of Chapter 125, Zoning, of the Code of the Borough of Oaklyn, as well as compliance with applicable provisions of this Code.
The Bureau of Fire Prevention shall examine such application to determine compliance with all applicable statutes, codes and regulations pertaining to fire safety.
No license shall be issued to any transient merchant, nonprofit vendor or mobile retail food establishment on private property, where the location of any activity or activities forming a part of the applicant's business shall be closer than 25 feet to the curbline of any street in the Borough of Oaklyn.
If, as a result of such investigation, the applicant's character and business responsibility are found to be satisfactory or if it is determined that such place or places do not create a traffic safety hazard, the Chief of Police shall so certify, in writing, to the Borough Clerk. Further, as a result of such investigation, the Health Officer shall determine that the activity is not regulated by any applicable state statute, regulation or local ordinance regulating health matters or if so regulated, that the activity complies with all applicable statutes, regulations or ordinances, he or she shall so certify, in writing, to the Borough Clerk. Finally, if, as a result of such investigation, the Zoning Officer shall determine that the proposed activity complies with all applicable provisions of Chapter 125, Zoning, and § 98-10 of this article, said Zoning Officer shall so certify, in writing, to the Borough Clerk. The Borough Clerk, upon receipt of all such written certifications, shall then issue a license. The Borough Clerk shall keep a full record in his/her office of all licenses issued. Such records shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee, the expiration date of such license, the place where said business may be carried on under said license and the name or names of the person or persons authorized to carry on the same.
Any license issued herein for door-to-door solicitation shall prohibit such activity before the hour of 9:00 a.m. and after the hour of 9:00 p.m.
Licens under this article shall pay a fee of $100 at the time of application for each license issued. Nonprofit vendors, as defined in this article, shall be exempt from the above fee requirement. License period is defined in § 98-11 of this article.
The license issued under this article shall be posted conspicuously in the place of business named therein. In the event that such person or persons applying for the license desire to do business in more than one place within the Borough, separate licenses may be issued for each place of business. Every person who is required to hold a license under this article shall carry the same when engaged in the business for which the license is issued. In addition, each licen shall be required to have on his or her person a full and complete copy of the application for the license. Any alterations, erasures or mutilations shall void the license.
Other than a license issued to a nonprofit organization for the purpose of conducting door-to-door solicitation and pursuant to the provision of § 98-6 of this article hereof, all licenses issued under the provisions of this article to a nonprofit vendor or solicitor shall be valid only for a three-month period as follows. Each additional three-month period shall be the subject of a separate license:
Licenses issued under the provisions of this article to a transient merchant may be issued only for a three-month period commencing October 1 and concluding December 31 of each and every calendar year.
Nothing contained herein shall affect the provisions of this article as it relates to nonprofit organizations, nonprofit vendors or persons honorably discharged from the Armed Forces of the United States and holding a license issued by the State of New Jersey pursuant to N.J.S.A. 45:24-10 or to an exempt member of a volunteer fire department possessing a license in accordance with N.J.S.A. 45:24-9b.
The licenses issued pursuant to this article may be revoked by the Borough Clerk or her designee for any of the following causes:
Any fraud, misrepresentation or false statements contained in the application for license.
Any fraud, misrepresentation or false statements made in connection with the selling of goods, wares or merchandise.
Any violation of this article.
Conviction of the licen of any felony or of a misdemeanor involving moral turpitude.
Conducting the business licensed under this article in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
An appeal from any such revocation may be made to the Borough Administrator within 10 days of the date of the revocation who shall forthwith schedule a hearing on the appeal. The Borough Administrator shall render a decision within two days after completion of the hearing. Thereafter, any aggrieved party may appeal the decision of the Borough Administrator to the Borough Council by filing a notice of appeal with the Borough Clerk within seven days of the date of appeal. The Borough Council shall hear such appeal and render its decision within 45 days.
The Borough Clerk shall deposit the license number with the Chief of Police. The Chief of Police shall report to the Borough Clerk any complaints against any person licensed under the provision of this article. The Borough Clerk shall keep a record of all such licenses and of such complaints and violations.
[Added 10-9-2018 by Ord. No. 18-18]
The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Municipal Clerk that peddling, soliciting, canvassing, hawking and door-to-door sales enterprising as set forth in this article are not permitted on the premises (hereinafter referred to as the "Do Not Knock Registry"). Notification shall be by completion of a form available at the Borough Hall during normal business hours.
Any owner and/or occupant who has requested enlistment on the Do Not Knock Registry, pursuant to this article herein, shall be able to obtain from the Borough Hall a sticker for display at his/her/its premises indicating enlistment on the Do Not Knock Registry.
Owners and/or occupants who are placed on the Do Not Knock Registry at their request shall remain on the Do Not Knock Registry until such time as they advise the Borough Clerk, in writing, that they wish to be removed from the list.
The Borough Clerk shall distribute the current Do Not Knock Registry to a licen under this article at the time of issuance of a license to peddle, solicit, canvas, hawk or otherwise door-to-door sell pursuant to the provisions of this article. The Do Not Knock Registry provided to licens shall only include the physical address of the enlisted premises. The licen shall not peddle, solicit, canvas, hawk or conduct door-to-door sales at any premises identified on the then-current Do Not Knock Registry.
[Amended 10-9-2018 by Ord. No. 18-18]
Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Oaklyn, or such other court having jurisdiction, be liable to a fine not exceeding $2,000, or imprisonment for a term not exceeding 90 days, or community service for a term not exceeding 90 days, or all of the above. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article.
[Adopted 7-11-2006 by Ord. No. 12-06]
Except for charitable organizations duly permitted in accordance with this article and other applicable law, no person shall stand in or beside any public road or right-of-way to stop, impede, hinder or delay the progress of a vehicle, or to otherwise interact with the occupants of any vehicle on any public road or right-of-way, for the purpose of soliciting the purchase of goods, merchandise or tickets, or for the purpose of soliciting contributions for any cause, and the only question of law and fact in determining guilt under this section shall be whether goods, merchandise or tickets were tendered or offered for sale, or whether a contribution was solicited.
All charitable organizations as defined in N.J.S.A. 45:17A-20 who desire to solicit contributions in roadways situate in the Borough of Oaklyn shall file an application for a permit with the Borough Clerk, on a form supplied by said Clerk, specifying the following information:
Name and tax identification number of the applicant organization.
Address of the applicant organization.
Telephone number of the applicant organization.
Contact person for the applicant organization, including name, address and day and evening phone numbers.
Specific location or locations of proposed charitable solicitation.
Dates and times of proposed charitable solicitation.
If said request pertains to a location or locations on any county highway or intersection of a county highway, said application shall include a copy of an authorization from the Camden County Board of Chosen Freeholders to permit said charitable solicitation.
Identify the manner in which the motorist solicitation will be conducted and the procedures to be used to ensure the safety of the members of the public who will be traveling the roadways situate in the Borough of Oaklyn.
Such other information as may be required or is otherwise deemed necessary by the Borough Clerk in order to process the application.
Upon the filing of a complete application in accordance with the provisions of this article, the Borough Clerk shall forward a copy of the application to the Chief of Police and to the Superintendent of the Public Works Department. The Chief of Police and Superintendent of Public Works Department shall review the application and shall provide the Borough Clerk with any recommendations regarding the same. The Borough Clerk, upon approval of this permit by the Borough Council of the Borough of Oaklyn, shall issue a permit to allow the event, including as a condition of the permit any recommendations made by the Chief of Police and the Public Works Department. The permit shall also be subject to any conditions imposed by law. In cases where the event requires county or state approval, the permit issued hereunder shall be conditional, subject to approval by the county and/or state.
All approved charitable solicitations shall be conducted in accordance with N.J.S.A. 39:4-60 and the regulations promulgated thereunder (presently codified at N.J.A.C. 16:401.1 et seq.,) and including the following:
Solicitation shall be subject to the specific terms and conditions of each permit granted. Such permit shall be in possession of the solicitor during all times of solicitation and shall be available for inspection by the Police Department and/or other officials upon request.
No person shall solicit charitable contributions on a state highway or intersection thereof without approval from the New Jersey Department of Transportation (NJDOT), via the issuance of a charitable solicitation permit. Such permit shall be in the possession of the solicitor during all times of solicitation and be available for inspection by local, county and state police enforcement personnel.
Solicitation shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease while traffic is moving. Use of flagmen shall be prohibited.
The solicitor shall not install any traffic control devices.
Parking of vehicles shall comply with applicable traffic regulations.
Signage shall be in accordance with NJDOT regulations (presently codified at N.J.A.C. 16:406.1).
All solicitors shall wear safety vests that are in accordance with NJDOT standards.
Solicitation shall only be permitted during daylight hours.
Each person soliciting charitable contributions on behalf of the charitable organization shall be at least 18 years old.
Solicitors shall not drink alcohol beverages, use drugs or be under the influence of drugs or alcohol when soliciting. Solicitors shall not harass the public.
Solicitation shall be permitted in the right-of-way, but is encouraged to be off the traveled way.
The charitable organization shall be responsible for cleaning up any debris resulting from the solicitation activity, including trash or debris in the right-of-way.
The Police Department shall be responsible for supervising solicitation activity and enforcing the terms of the solicitation permits (both local and the NJDOT permit, if applicable). The Police Department may suspend solicitation operations at any time if the permit is violated or if, in the police officer's sole discretion, traffic is being impeded or delayed or the public safety is at risk.
The Borough shall not be liable in any civil action for damages for property damage or personal injury resulting from any accident arising out of or in the course of solicitations.