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Borough of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
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[HISTORY: Adopted by the Borough Council of the Borough of Pemberton as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-18-1960 (Ch. 57 of the 1975 Code)]
For the purpose of this article, the terms used herein are defined as follows:
SOLICITOR
Includes itinerant vendors of merchandise who shall go from door to door or from house to house in the Borough, selling, causing to be sold, offering for sale or causing to be offered for sale or taking orders for present or future delivery of merchandise of any description whatsoever, and also includes persons going from door to door for the purpose of obtaining alms, orders, subscriptions, making canvasses or surveys or other solicitations.
No person shall solicit or act as a solicitor from door to door within this Borough without first registering with the Clerk of the Borough of Pemberton as provided in this article.
Each such registrant shall, at the time of registering, give to the Clerk, in writing, his name, address and such other personal data as is required to identify him, together with two recent photographs of his face, approximately 2 1/2 by 2 1/2 inches in size, together with the purpose of his proposed canvassing or solicitation, the route, date and approximate hours of his itinerary in this Borough (which shall be between the hours of 8:00 a.m. and 5:00 p.m.), any prior convictions of crime and his fingerprints, together with sufficient information to determine whether or not the business he is to transact is interstate or intrastate commerce.
Each registrant, upon being so registered, shall be issued a registration certificate by the Clerk upon which shall be affixed one photograph of the applicant, signed by the Clerk so that part of his signature covers part of the photograph; provided, however, that no person who has been convicted of crime shall be issued any such certificate.
Each registrant shall carry the registration certificate at all times and shall exhibit it to any person upon request.[1]
[1]
Editor's Note: Former § 57-6, Deposit of certificate with Clerk, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No such registration certificate shall be issued to any person who has not complied with any law of the State of New Jersey or ordinance of this Borough regulating soliciting, canvassing or itinerant vendors of merchandise.
No person, whether registered or not, shall visit or call at any private residence for the purpose of solicitation, as defined in this article, when banned by the householder by a sign bearing words to the effect that solicitors or peddlers are not invited or are prohibited.
Any such registration certificate so issued may be revoked by the Clerk for violation of this article or any other ordinance of the Borough regulating solicitors, canvassers or itinerant vendors of merchandise or for any false information given at the time of registration.
No person shall solicit within the meaning of this article before the hour of 8:00 a.m. or after the hour of 5:00 p.m.
A fee of $25 shall be paid by the registrant for each such registration certificate issued.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The requirements of this article shall not be construed to apply to the following classes of persons:
A. 
Any persons selling fruits, vegetables or farm products grown by himself with or without the help of others.
B. 
Any person who conducts a judicial sale under state or federal laws.
C. 
Any person soliciting for a lawful and recognized religious, charitable, educational or political organization; provided, however, that the local chairman or other person in charge of solicitation for such organization in the Borough of Pemberton shall apply for and obtain a license, which license shall be issued without fee, and all persons engaged in such solicitation shall carry identification cards signed by such local chairman or person in charge.
D. 
Any honorably discharged veteran of the armed forces of the United States.
[Added 8-18-1975 by Ord. No. 9-1975]
E. 
Any exempt member of a volunteer fire department, volunteer fire engine, hook and ladder, hose, supply company or salvage corps, of any municipality or fire district in this state, who holds an exemption certificate issued to him as an exempt member of any such department, company or corps, and who is a resident of this state.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 8-18-1975 by Ord. No. 9-1975]
Any person or persons violating this article or any of the provisions hereof shall, upon conviction, be punishable as provided in Chapter 1, Article I, of the Code of the Borough of Pemberton.
This article is in addition to any other ordinance or ordinances regulating itinerant vendors of merchandise, solicitation or canvassing within the Borough of Pemberton.
[Adopted 8-17-1998 by Ord. No. 1998-8]
The Borough of Pemberton shall permit charitable organizations as defined in N.J.S.A. 45:17A-20 to solicit contributions in roadways situate in the Borough of Pemberton in accordance with the provisions contained herein.
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 Pemberton shall file an application for a permit with the Pemberton Borough Clerk on a form supplied by said Clerk specifying the following information:
A. 
Name of applicant organization.
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.
F. 
Dates and times of proposed charitable solicitation.
G. 
If said request pertains to a location or locations on any county highway, or intersections of a county highway, said application shall include a copy of an authorization from the Burlington County Board of Chosen Freeholders to permit said charitable solicitation.
H. 
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.
I. 
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 Pemberton.
Upon the filing of a complete application in accordance with the provisions of this article the Borough Clerk shall present same to the Borough Council for its review and consideration, after which the Borough Council shall grant or deny the applicant's request. In the event the Borough Council grants the applicant's request, it shall issue a permit to the applicant which shall be subject to the representations contained in the applicant's application and any conditions imposed by the Borough Council.
In no event shall any charitable organization requesting authorization from the Borough of Pemberton for said charitable solicitation use any individual under the age of 18 years to perform any function or task associated with the said charitable solicitation in any roadway.
Any charitable organization requesting authorization from the Borough of Pemberton 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, Chapter 82, approved April 30, 1997.
This article is adopted pursuant to N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82, approved April 30, 1997.