[Adopted 3-5-1975 as Section 12:2 of Ch. XII of the General
Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Any receptacle or container designed or intended for the
collection and temporary storage of donated clothing or other items,
including but not limited to shoes, TV sets, appliances or other items
of value, specifically excluding eyeglasses (hereinafter referred
to as a "bin" or "donation bin").
[Added 9-7-2016 by Ord.
No. 15-2016]
A person, commonly referred to either as a "transient merchant,"
"itinerant vendor," "route salesman," "peddler," "hawker" or other
such person, who goes from place to place by traveling on the streets,
or from house to house, and carries with him foodstuffs, goods, wares
and merchandise for the purpose of selling or delivering them to consumers,
or who, without carrying merchandise, sells or proposes to sell services
of any kind, including but not limited to painting, landscaping, magazine
subscriptions and photography.
An individual, firm, partnership, corporation, voluntary
association and principal or agent thereof.
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind or value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other things of value. A solicitation shall take place whether
or not the person making the solicitation receives any contribution
(N.J.S.A. 40:48-2.60 et seq.).
A person selling the articles described in the definition
of "peddler" or services by sample or taking orders for future delivery,
with or without accepting an advanced payment for the goods or services,
or a person or entity engaged in solicitation or acting with the intent
to solicit as defined by this article.
[Amended 9-7-2016 by Ord.
No. 15-2016]
The officials designated to enforce the provisions
of this article shall be the Police Department of the Township of
Pemberton.
[Amended 9-7-2016 by Ord.
No. 15-2016]
The purpose of this article is to prevent crime, dishonest business
practices and fraud by the regulation of the conduct of solicitors,
to establishing rules and regulations governing the placement and
use of donation bins,[1] and the fee therefor is estimated to cover the expense
involved and not for revenue purposes, and by the imposition of license
and permit fees for revenue upon itinerant vendors, solicitors, and
peddlers as defined above.
It shall be unlawful for any peddler or solicitor
to sell, buy or dispose of or offer to sell or dispose of any goods,
wares, merchandise or services to be rendered in the future, or to
take any orders for any goods, wares, merchandise or services to be
rendered in the future, within the Township of Pemberton, without
first obtaining a license therefor.
The requirements of this article, insofar as
the same shall apply to fees, 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 peddler's
license issued in conformity with N.J.S.A. 45:24-10.
C.
Any person who conducts a sale pursuant to statute
or court order.
D.
Any person who is an exempt member of a volunteer
fire department as defined by N.J.S.A. 45:24-9B, possessing a license
issued in conformity with said law.
E.
Any church, social, civic, fraternal or philanthropic
organization.
F.
Any person who has an established local business within
the Township of Pemberton. "Local business" shall be defined to mean
an establishment within the township which displays and offers for
sale the same products that the solicitor, peddler or itinerant vendor
is offering for sale.
[Amended 8-17-1984 by Ord. No. 14-1984]
Any person desiring to obtain a license for
the purposes heretofore mentioned in this article shall apply therefor,
in writing, to the Chief of Police of the Township of Pemberton on
an application blank provided by the Chief of Police.
When said application is properly filled out
and signed by the applicant, it shall be presented to the Chief of
Police, whose duty it shall be to investigate the statements made
therein, and a period of not more than three days shall be allowed
for such investigation, whereupon the Chief of Police will indicate
his approval or disapproval upon the application. When a fee is required
under this article, the application, bearing the approval of the Chief
of Police, shall be presented by the applicant to the Township Treasurer,
to whom the fee shall be paid. The Treasurer shall acknowledge receipt
of the fee in writing upon the application, which shall be returned
by the applicant to the Chief of Police. In case of disapproval of
an application by the Chief of Police, the applicant may appeal to
the Township Committee, whereupon opportunity will be granted for
hearing reasons for and against the issuance of a license. The decision
of the Township Committee shall be final.
A separate license must be obtained by a licensed
peddler or itinerant vendor for every agent or employee working for
him unless such agent or employee is selling goods from the same wagon
or vehicle that the licensed vendor or peddler is selling from, but
no more than two employees shall sell from the same wagon or vehicle
without a separate license.
[Amended 8-17-1984 by Ord. No. 14-1984; 3-7-1996 by Ord. No. 6-1996]
It shall be the duty of the Chief of Police
to issue licenses in cases where the provisions of this article have
been complied with. Licenses shall be valid for a period of one year
and shall expire on the anniversary date of the issuance of the license.
Licenses shall be in the form of a card bearing the name of the licensee,
the purpose for which it is issued, an identification of the product
or services being sold or rendered, and shall contain a photograph
of the vendor on the identification card, as well as the date of expiration
and the signature of the Chief of Police. Every person holding a license
under this article shall be required to carry the license with him
and must produce the same at the request of any agent, servant, official
or employee of the Township of Pemberton or at the request of any
resident to whom the vendor seeks to sell his services or product.
A license may be revoked by the Township Committee
by reason of the violation of the terms of the license, the violation
of any municipal ordinance or state or federal statute or falsification
in applying for a license. The licensed person shall be granted a
hearing by the Township Committee upon his request. A license may
be suspended for not more than two weeks by the Chief of Police without
a hearing. No fees shall be returned for any unexpired period of a
license whether revoked or not.
[Amended 8-17-1984 by Ord. No. 14-1984]
The license fee shall be as follows:
