[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:
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.
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.
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[1] 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.
A.
This article shall not apply to:
(1)
Any person conducting a sale pursuant to statute or court order.
(2)
Any person soliciting a vote or support for any political candidate,
program or public issue.
(3)
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.
(4)
Any person delivering or soliciting newspapers.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
(8)
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.
B.
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]
A.
Investigations.
(1)
The Borough Clerk shall forward the application to the following
departments:
(2)
Police Department.
(a)
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.
(b)
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.
(3)
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.
(4)
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.
(5)
The Bureau of Fire Prevention shall examine such application to determine
compliance with all applicable statutes, codes and regulations pertaining
to fire safety.
B.
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.
C.
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.
D.
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.
A.
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:
B.
Transient merchants.
(1)
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.
(2)
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.
A.
The licenses issued pursuant to this article may be revoked by the
Borough Clerk or her designee for any of the following causes:
(1)
Any fraud, misrepresentation or false statements contained in the
application for license.
(2)
Any fraud, misrepresentation or false statements made in connection
with the selling of goods, wares or merchandise.
(3)
Any violation of this article.
(4)
Conviction of the licen of any felony or of a misdemeanor involving
moral turpitude.
(5)
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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:
A.
Name and tax identification number of the applicant
organization.
B.
Address of the applicant organization.
C.
Telephone number of the applicant organization.
D.
Contact person for the applicant organization, including
name, address and day and evening phone numbers.
E.
Specific location or locations of proposed charitable
solicitation.
F.
Dates and times of proposed charitable solicitation.
G.
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.
H.
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.
I.
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:
A.
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.
B.
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.
C.
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.
D.
The solicitor shall not install any traffic control
devices.
E.
Parking of vehicles shall comply with applicable traffic
regulations.
F.
Signage shall be in accordance with NJDOT regulations
(presently codified at N.J.A.C. 16:406.1).
G.
All solicitors shall wear safety vests that are in
accordance with NJDOT standards.
H.
Solicitation shall only be permitted during daylight
hours.
I.
Each person soliciting charitable contributions on
behalf of the charitable organization shall be at least 18 years old.
J.
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.
K.
Solicitation shall be permitted in the right-of-way,
but is encouraged to be off the traveled way.
L.
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.
M.
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.
N.
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.