[HISTORY: Adopted by the Mayor and Council
of the Borough of Palmyra as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-10-1984 by Ord. No. 1984-13 (Ch. 35 of the 1971
Code)]
When used in this article, the following terms
shall have the following meanings:
A person who goes from house to house or place to place selling
goods, wares and merchandise by sample or taking orders for future
delivery, with or without accepting an advance payment for the goods,
and, regardless of whether the solicitation is made by mail, telephone
or personal contact, the provisions of this article shall apply to
the person who comes in contact with the buyer through the delivery
of the goods or the acceptance of any money in payment thereof. For
purposes of this article, a canvasser or solicitor shall also be deemed
to be anyone who is not in the business of selling goods but rather
makes surveys, research analyses, opinion polls, rating data and any
such similar work the nature of which involves a door-to-door or place-to-place
activity.
As defined in the category of hawker, peddler, itinerant
vendor or junk dealer, as set forth herein.
A person who sells goods, the proceeds of which are devoted
exclusively to the purpose of a philanthropic, charitable or religious
society on whose behalf he acts as agent, with or without pay, but
excluding those individuals or organizations soliciting for funds
or other things of value for which no merchandise, wares or services
are required.
Includes any person, whether a resident of the Borough of
Palmyra or not, who goes from house to house, from place to place
or from street to street conveying or transporting goods, wares or
merchandise and offering or exposing the same for sale or making sales
and delivering articles to purchasers.
A.
This article, except as provided in § 197-12 of this article, shall not affect any non-profit-making vendor or any person duly licensed by the Commissioner of Banking and Insurance or the Real Estate Commission of the State of New Jersey.
B.
The terms of this article shall not be held to include
the acts of persons selling personal property at wholesale to dealers
in such articles, and nothing contained herein shall be held to prohibit
any sale required by statute or by order of any court.
C.
This article shall not affect any person engaged in
delivering wares, goods or merchandise or other articles or things
in the regular course of business to the premises of the person ordering
or entitled to receive the same.
D.
This article shall not apply to anyone who solicits
any votes or support for a bona fide political candidate seeking public
office or political party.
It shall be unlawful for any hawkers, peddlers,
itinerant merchants, transient vendors, canvassers or solicitors,
as defined in this article, to engage in any such business or operation
to canvass, solicit, distribute circulars or other matter or call
from house to house in the Borough of Palmyra without having first
obtained a license therefor in compliance with the provisions of this
article and, in any event, only in accordance with the terms and provisions
of this article and only in parts or locations of the Borough of Palmyra
as permitted herein.
A.
Applicants for a license under this article must file
with the Borough Clerk a sworn application, in writing,[1] which shall give the following information:
(1)
The name and physical description of the applicant.
(2)
The complete permanent home and local address of the
applicant.
(3)
A description of the nature of the business and the
goods, services or wares to be sold.
(4)
If employed, the name and address of the employer,
together with credentials therefrom establishing the exact relationship.
(5)
The length of time for which the right to do business
is desired and the days of the week and the hours of the day within
which said business will be conducted.
(6)
The source of supply of the goods or property or services
proposed to be sold, where such goods, services or products are located
and the method of delivery.
(7)
Three recent photographs of the applicant, which shall
be approximately two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
(8)
Appropriate evidence as to the good character and
business responsibility of the applicant as will enable an investigator
to properly evaluate such character and business responsibility.
(9)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, other than traffic violations, the nature of the offense
and the punishment or penalty assessed therefor.
[1]
Editor's Note: A form for the application
for a solicitor's license is included as an attachment to this chapter.
B.
Fingerprinting.
[Amended 11-13-2012 by Ord. No. 2012-33]
(1)
All applicants shall be fingerprinted in order to be checked for
previous criminal history. Any person who has been convicted or pled
guilty to any crime under the laws of the State of New Jersey or equivalent
offenses under the laws of any other state or the United States shall
be disqualified from receiving a license under this article.
(2)
Fingerprinting is to be done at a state-approved fingerprint center.
The cost of the fingerprinting shall be set by the state and paid
by the applicant to the fingerprint center. In the event that a person
disagrees with the results of any fingerprint search, that person
may produce any information he or she wishes to rebut any findings.
C.
At the time of the filing of the application, a fee
of $60 shall be paid to the Borough Clerk to cover the cost of investigation
of the applicant.
[Amended 11-13-2012 by Ord. No. 2012-33]
D.
No license shall be issued until the application shall
have been approved by the Police Department, allowing adequate time
for investigation of the facts stated in the application.
E.
Applications for partners shall be signed by all partners
with the foregoing provisions of this section answered in detail as
to each said partner, and applications of corporations shall have
attached thereto individual statements in accordance with all of the
provisions of this section relating to each and every employee, agent
or servant who shall engage in any of the functions authorized by
this article and signed by each such agent, servant or employee, and
full compliance herewith by each such individual.
A.
Each application shall be referred to the Chief of
Police or officer in charge of the Police Department, who shall immediately
institute such investigation of the applicant's business and moral
character as he deems necessary for the protection of the public good
and shall endorse the application in the manner prescribed in this
article within a reasonable period time after it has been filed by
the applicant.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory
or the products or services are not free from fraud, the Chief of
Police shall endorse on such application his disapproval and his reasons
for the same and return said application to the Borough Clerk, who
shall notify the applicant that his application is disapproved and
that no license will be issued.
Every applicant for a license under this article
shall pay a license fee of $15.
A.
Prior to the issuance of any license or permit to
any licensee, said prospective licensee shall file with the Borough
Clerk of the Borough of Palmyra a bond to said Borough of Palmyra
in the amount of $1,000, which said bond shall be executed by the
proposed licensee, as principal, and a surety company licensed to
do business in the State of New Jersey, which said bond shall be in
accordance with and for the purposes provided in N.J.S.A. 45:24-5
and which said bond shall remain in force for the term of the license
to be issued and shall be conditioned as follows: to indemnify and
pay the Borough of Palmyra any penalties or costs incurred in the
enforcement of any of the provisions of this article and to indemnify
or reimburse any purchaser of personal property from the licensee
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 part thereof.
B.
The aforesaid bond shall be declared forfeited upon
proof of falsification in the application for a license.
C.
Said bond shall be deemed forfeited upon proof of
the violation of any of the provisions of this article by the licensee
or said licensee's agents, servants or employees.
A.
No licensee shall at any time permit merchandise to
remain in or upon any street, roadway, curbs or walks.
B.
No licensee shall sell or attempt to sell any article
to pedestrian or vehicular traffic, other than when his vehicle shall
be properly parked immediately adjacent to the curb of a public street
in a permitted locality, and said licensee shall at no time double-park
when dealing with any of his trade and in no event shall transact
any of his business operations other than on the curb side of his
vehicle.
C.
All licensees and their respective vehicles or modes
of transportation in carrying on their permitted business shall at
all times fully comply with all of the terms, covenants and conditions
of this article and all other applicable municipal ordinances and
all other applicable state laws, regulations or provisions pertaining
thereto and particularly, but not in limitation thereof, those that
may deal with provisions of health, safety and general welfare.
A.
No person subject to the provisions of this article shall sell or attempt to sell in accordance with the terms of this article except as set forth in the preceding sections before 9:00 a.m. and after 8:00 p.m., Mondays through Saturdays, except where expressly invited into the home of the occupant thereof, and except as further provided in § 197-10B below.
[Amended 5-15-2017 by Ord. No. 2017-5]
B.
Peddlers or hawkers who sell or attempt to sell manufactured,
ready-to-eat food products such as ice cream or custard shall be permitted
to operate Mondays through Sundays between the hours of 9:00 a.m.
and 8:00 p.m., subject to all other restrictions. This subsection
shall be strictly construed.
[Amended 5-15-2017 by Ord. No. 2017-5]
C.
No person subject to the provisions of this section
shall canvass, solicit or distribute circulars or other matter except
during the hours of 9:00 a.m. to 8:00 p.m., Mondays through Sundays.
Every person to whom a license is issued under
the terms of this article shall be governed by the following rules
and regulations:
A.
All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place located on the premises and in accordance with the provisions of Chapter 137, Handbills and Circulars, of the Code of the Borough of Palmyra.
B.
No person subject to the terms of this article shall
enter or attempt to enter the house of any resident in the Borough
of Palmyra without an express invitation from the occupant of the
house.
C.
No person subject to this article shall conduct himself
in such a manner as to become objectionable to or annoy an occupant
of any house.
D.
No licensee or any person in his behalf shall shout,
cry out, blow a horn, ring a bell or use any sound-making or -amplifying
device upon any of the streets, parks or other public places of the
Borough 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 for the purpose
of attracting attention to any goods, wares, merchandise or services
which said licensee proposes to sell, with the exception that such
sound shall be permitted as may attract attention but which will not
disturb the peace, quiet and comfort of the inhabitants, provided
that such sound is produced or caused to be produced only between
the hours of 9:00 a.m. and 12:00 noon and between 2:00 p.m. and 9:00
p.m. (prevailing time) in the months of April through September, inclusive,
and between the hours of 9:00 a.m. and 12:00 noon and between 2:00
p.m. and 7:00 p.m. (prevailing time) in the months of October through
March, inclusive.[1]
A.
No licensee
shall have any exclusive right to any location in the public street,
nor shall any be permitted a stationary location thereon, nor shall
any be permitted to operate in a congested area where such operation
might impede or inconvenience the public use of such streets. For
the purpose of this section, the judgment of the police officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested and the public impeded or inconvenienced.
B.
In an attempt to allow residents to be free from door-to-door solicitations,
residents may elect to display prominently on their outermost front
doors an official "No Knock" sticker issued by the Borough of Palmyra
Police Department that signifies that the residents do not wish to
be disturbed by any knocking on their doors or ringing their door
bells. No canvasser, solicitor, itinerant merchant, transient vendor,
peddler or hawker shall knock on the door or ring the doorbell of
any residence upon which a No Knock sticker is so affixed. At the
time that licenses are issued as set forth above, licensees shall
be provided a sample of the Borough of Palmyra "No Knock" sticker
and a copy of this article.
[Added 5-15-2017 by Ord.
No. 2017-5]
A.
B.
Upon being satisfied that such person is a non-profit-making
vendor, the Borough Clerk or Chief of Police shall endorse his approval
on said application. Each representative or agent of the non-profit-making
vendor shall carry proper identification or credentials indicating
the name of the organization and the name and address of the representative
and shall display the same upon request.
A.
Any veteran or exempt member of a volunteer agency,
as defined by N.J.S.A. 45:24-9, who holds a special state license
issued under the laws of the State of New Jersey shall be exempt from
securing a license as provided herein for hawking and peddling but
shall be required to comply with all other applicable sections of
this article and shall be required to procure from the Borough Clerk
a special veteran's permit, which shall be issued by the Borough Clerk
upon proper identification.
B.
Any person to whom a valid mercantile license shall
have been issued under provision of laws other than this article shall
be exempt from securing a license as provided in this article, but
said person or said person's employees, agents or servants shall be
required to comply with all other applicable sections of this article
and shall be required to procure from the Borough Clerk a permit,
upon proper identification and said compliance herewith.
Licensees are required to exhibit their certificates
of license at the request of any citizen or member of the Police Department.
The Chief of Police shall report to the Borough
Clerk all convictions for violations of this article, and the Borough
Clerk shall maintain a record of each license issued and record the
reports of violation therein.
Any person whose application for a license has
been rejected by action of the Chief of Police or Borough Clerk may
file an appeal with the Borough Clerk to be heard by the Borough Council.
Said appeal must be filed within 15 days after the action of either
of the above-named officials rejecting the application. The Borough
Council will rule on the appeal within 30 days after it has been filed.
In deciding the appeal, the Borough Council will consider the sworn
testimony of the appellant, the Borough Clerk, the Chief of Police
and other witnesses whose testimony would be relevant to the issue
before the Council.
[Amended 5-15-2017 by Ord. No. 2017-5]
Any person required by this article to procure a license who
violates the provisions of this article may forfeit his or her license,
receive a fine of $200 and/or be incarcerated for a period of no more
than 90 days.
[Adopted 4-21-2014 by Ord. No. 2014-3]
All charitable organizations as defined in N.J.S.A. 45:17A-20
who desire to solicit contributions on roadways situated in the Borough
of Palmyra shall file an application for a permit with the Palmyra
Borough Clerk on a form supplied by the Clerk specifying the following
information:
A.
Name of applicant organization. Copy of state charitable organization
registration letter/certificate (initial submission) as evidence of
tax exempt status.
B.
Address of applicant organization.
C.
Telephone number of applicant organization.
D.
Contact person of applicant organization.
E.
Specific location or locations of proposed charitable solicitation.
(Solicitation shall only be permitted at signalized intersections
or when the existing traffic control device causes temporary interruption
in the flow of normal traffic.) A sketch is required to be attached
to the application clearly indicating the location of the proposed
solicitation.
F.
Dates and times of proposed charitable solicitation. It is the responsibility
of the charitable organization to insure that there is sufficient
time to obtain any necessary Borough of Palmyra, County of Burlington,
and/or State of New Jersey approvals.
G.
Provide the number of people participating in the solicitation. No
one under the age of 18 shall participate, and a supervisor from the
soliciting organization must be present at all times.
H.
All participants shall wear highly visible safety vests, Type II
(minimum), ANSI Level 2 or 3. It will be the responsibility of the
approved charitable organization to provide its own safety vests for
each individual present to solicit contributions. It shall also be
the responsibility of the soliciting organization to establish a work
zone for its members to utilize. The soliciting organization shall
be responsible for any traffic control equipment such as cones and
signs to utilize for the soliciting event.
I.
The name of the organization shall be clearly displayed to the traveling
public.
J.
The hours of solicitation shall be limited to daylight hours only
on the approved date, and in no way shall exceed the hours of 9:00
a.m. until 3:00 p.m.
K.
Soliciting organizations will be limited to two events per year and
only one location per occasion. Only two charitable solicitations
may occur on any date within the Borough of Palmyra.
L.
Soliciting events shall not be conducted during any type of inclement
weather.
M.
Participants shall only approach vehicles for the purposes of solicitation
when the traffic is at a standstill. No solicitations are allowed
when the traffic signal has turned green or when traffic is in motion.
Solicitation shall not stop or impede the flow of traffic nor harass
the traveling public.
N.
The charitable organization shall be responsible for the cleaning
up of any debris resulting from their presence.
O.
Those soliciting contributions shall not drink alcoholic beverages,
use drugs or be under the influence of drugs or alcohol when soliciting.
P.
A written work plan is to be included showing the placement of cones
and signage. This plan also is to contain the rules governing those
soliciting contributions. 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 situated in the Borough of Palmyra.
Q.
If said request pertains to a location or locations on any county
highway, or intersections of a county highway, the applicant will
be required to submit a Burlington County Highway Department Daily
Lane and Shoulder Closure Request Form. The Borough of Palmyra will
forward a request for the authorization from the Burlington County
Board of Chosen Freeholders to permit said charitable solicitation.
R.
If said request pertains to a location or locations on any state
highway or intersection of a state highway, said application shall
include a copy of an authorization from the Commissioner of Transportation
of the State of New Jersey to permit said charitable solicitation.
Upon the filing of a complete application in accordance with
the provisions of this article, the Borough Clerk shall forward same
to the Chief of Police for review. After which the Chief of Police
or his designee shall grant or deny the applicant's request. If the
event is to be held on a county roadway, the permit and accompanying
documents will be forwarded to the County for approval. If the event
is to be held on a state roadway, the permit and accompanying documents
will be forwarded to the New Jersey Department of Transportation for
approval.
A.
The charitable
organization shall execute an indemnification/hold harmless agreement
protecting the Borough of Palmyra and the County of Burlington (as
applicable) and the State of New Jersey (as applicable).
B.
The charitable
organization shall provide general liability insurance coverage in
the amount of $1,000,000 naming the Borough of Palmyra as an additional
insured and shall comply with any insurance requirements required
by the County of Burlington (as applicable) and the State of New Jersey
(as applicable).
Any charitable organization requesting authorization from the
Borough of Palmyra for said charitable solicitation shall comply with
all of the terms and conditions of N.J.S.A. 39:4-60, as amended by
P.L. 1997, c. 82, approved April 30, 1997.
This article is adopted pursuant to N.J.S.A. 39:4-60, as amended
by P.L. 1997, c. 82, approved April 30, 1997.
Any person whose application for a license has been rejected
by action of the Chief of Police or Borough Clerk may file an appeal
with the Borough Clerk to be heard by the Borough Council. Said appeal
must be filed within 15 days after the action of either of the above-named
officials rejecting the application. The Borough Council will rule
on the appeal within 30 days after it has been filed. In deciding
the appeal, the Borough Council will consider the sworn testimony
of the appellant, the Borough Clerk, the Chief of Police and other
witnesses whose testimony would be relevant to the issue before the
Council.
Any person or entity required by this article to procure a permit
who fails to obtain a permit or otherwise violates or fails to comply
with the terms of the permit or any provision of this article shall
be subject to a fine of up to $500 or may be incarcerated for a period
of not exceeding 90 days, or both.
