[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton as indicated in article histories. Amendments noted where applicable.]
Handbills — See Ch. 193.
[Adopted 6-16-1975 by Ord. No. 14-1975; amended in its entirety 9-20-1982 by Ord. No. 3-1982]
As used in this article, the following terms shall have the meanings indicated:
- Includes the words "patriotic," "philanthropic," "social service," "welfare," "benevolent," "educational," "civic" and "fraternal," either actual or purported.
- CHIEF OF POLICE
- Includes the Chief of Police or the commanding officer in charge of the Tuckerton Police Department in the absence of the Chief of Police.
- Includes the words "alms," "food," "clothing," "money," "subscriptions," "property" and "donation" under the guise of a loan or money or property.
- ITINERANT SALESMAN AND VENDOR
- Any person, firm or corporation, whether as owner, agent,
consignee or employee, who engages in the business of selling and
delivering goods, wares and merchandise within the municipality and
who, in furtherance of such purpose, temporarily hires, leases, uses
or occupies any building, structure, motor vehicle, tent or any street,
alley or other place within the municipality for the exhibition, offer
for sale or sale of such goods, wares and merchandise of any description
whatsoever. For the purpose of this article, the term "itinerant salesman
and vendor" shall include transient merchants, hawkers, peddlers and
salesmen and their agents, servants, employees or representatives,
who do not have or own any retail shop or permanent place for said
business within the municipality, provided that such definition shall
not be construed so as to include residential garage or yard sales.[Amended 6-2-1986 by Ord. No. 17-1986]
- Any individual, firm, association, corporation, partnership, society or organization, or any agent, employee or representative thereof.
- RELIGIOUS and RELIGION
- Does not include the word "charitable" as herein defined, but shall be given their commonly accepted definitions.
- SOLICIT and SOLICITATION
- The request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose.
It shall be unlawful for any person, as an itinerant salesman or vendor, to sell, offer for sale or cause to be sold or offered for sale within the corporate limits of the Borough of Tuckerton any goods, wares or merchandise of any kind whatsoever or to solicit funds, subscriptions or contributions, except as herein particularly allowed, without first having applied for and obtained a permit for such purpose.
This article is intended to particularly exclude wholesalers, holders of special privileges and all the persons exempted by operation of law.
An application for a permit as required in § 204-2 hereof shall be made to the Chief of Police upon forms provided by the Borough of Tuckerton. Such application shall be sworn to and filed with said Chief of Police and shall contain any and all information which the Chief of Police may deem reasonable and necessary pertaining to the applicant and to the goods, wares and merchandise intended to be sold or offered for sale or to the organization or institution for which any solicitation is to be made, and shall include the name and address or headquarters or place of business of the person or persons applying for the permit, and if said applicant is not an individual, then the names and addresses of the applicant's principal officers and managers, a description of the goods, wares and merchandise to be sold or the purpose for which the solicitation is being made and, if the application is for a permit to solicit, the name and address of the person or persons who will be in direct charge of conducting the solicitation, which person or persons shall be resident in the Borough of Tuckerton, and the names of all the promoters connected or to be connected with the proposed solicitation, the sales or solicitation method or methods to be used and, if solicitation, the time when such solicitation shall be made, giving the dates for the beginning and ending of such solicitation. In addition, the applicant shall submit two letters of recommendation to the Chief of Police concerning the applicant's moral character.
At the time of filing the application, a fee of $50 shall be paid to the Borough Clerk to cover the cost of the investigation of the facts stated therein.
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, 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 permit and license will be issued.
If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application, to the Borough Clerk who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The Clerk shall keep a permanent record of all licenses issued.
The Borough Clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "licensed solicitor" or "peddler," the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of 10 feet. Such badge shall, during the time such licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous.
In the case of solicitation, the charitable or religious organization shall supply its agents, representatives or employees with a badge or ribbon containing the name of such organization and the name of said agent, representative or employee; said badge or ribbon shall be worn and conspicuously displayed on the front of the clothing of such agent, representative or employee. Said badge or ribbon shall be of sufficient size to be easily discernible from a distance of 10 feet.
For each permit to sell any goods, wares or merchandise, the applicant shall pay to the Borough of Tuckerton the sum of $15, and said permit shall expire December 31 next ensuing the date of issuance.
For each permit to solicit funds or subscriptions for any duly-established and recognized charitable or religious organization or institution, the applicant shall not be required to pay, but such permit shall expire not more than 40 days next ensuing the date of issuance.
No such permit shall be effective for more than one person and one vehicle, but duplicate permits may be issued in like manner for an additional fee of $15 for each additional person who will sell any goods, wares or merchandise, and an additional $15 for each additional vehicle being used in the sale of said goods, wares or merchandise. No rebate shall be allowed from any fee herein specified for a term less than one year.
No selling or soliciting shall be permitted except between the hours of 9:00 a.m. and 5:00 p.m. from October 1 through April 30, inclusive, and between the hours of 9:00 a.m. and 7:00 p.m. from May 1 through September 30, inclusive, provided that home deliveries of milk, bread and the like shall not be circumscribed hereby; provided, further, that trucks peddling coffee, doughnuts and similar items to work sites shall not be limited to the hours herein provided. Any local service organization located in the Borough of Tuckerton or in the surrounding municipalities may be exempted from the time limitations set forth herein by making application to the Borough Council requesting such an exemption, setting forth the proposed hours for selling or soliciting and setting forth the reasons therefor. Upon majority vote of the Borough Council, said local service organization shall be permitted to sell or solicit within the Borough of Tuckerton in accordance with the time limits prescribed by the Borough Council.
An application for a permit shall be granted or denied within five days from the date that said application is submitted to the Chief of Police, and in the event of denial, the Borough Clerk shall notify the applicant by certified mail, setting forth the reasons for denial. Within five days thereafter the applicant may file with the Borough Council a written request for a hearing on said application, together with written exceptions to the findings of fact upon which the Chief of Police based his denial of the application. On the filing of such a request, the Borough Council shall fix a time and place for a hearing and shall notify the applicant thereof, which hearing shall be held within 10 days after the request is filed. Within 10 days after the conclusion of the hearing, the Borough Council shall make its decision whether to issue or sustain the denial of said permit.
Any permit which may have been issued may be revoked and canceled by the Chief of Police on a showing that any of the provisions of this article have been violated or for other good cause. Upon learning of the alleged violation of any provisions of this article, or for other good cause, the Chief of Police shall immediately suspend the permit and give the holder thereof written notice by certified mail of a hearing to be held by him within five days of such suspension to determine whether or not the permit should be revoked and canceled. The notice shall contain a statement of the facts upon which the Chief of Police has acted in suspending the permit. If, after such hearing, the Chief of Police finds that the article has been violated or other good cause exists, he shall, within five days after the hearing, revoke the permit and give the holder thereof written notice of said revocation and the reasons therefor; or in the absence of such finding, the holder shall be notified within five days in writing of the termination of the suspension of the permit. In addition, any permit which may have been issued may be revoked and canceled for a violation of said article or on good cause shown on a majority vote of the Borough Council at any regular or special meeting thereof after five days' written notice to the permit holder and upon affording said holder an opportunity to be heard with respect to the reasons for such revocation and cancellation.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Adopted 8-3-2015 by Ord. No. 12-2015]
Editor's Note: This ordinance was adopted as Ch. 170, but was redesignated to maintain the organization of the Code.
The Borough of Tuckerton shall permit the Borough Volunteer Fire Department to solicit contributions in roadways situate in the Borough of Tuckerton.
If the Tuckerton Volunteer Fire Department desires to solicit contributions in roadways situate in the Borough of Tuckerton, it shall file an application for a permit with the Tuckerton Borough Clerk on a form supplied by the Borough Clerk specifying the following information:
Name of applicant organization;
Address of applicant organization;
Telephone number of applicant organization;
Contact person of applicant organization;
Specific location or location 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 Ocean County Board of Chosen Freeholders to permit said charitable solicitation;
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 the Department of Transportation of the State of New Jersey to permit said charitable solicitation; and
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 Tuckerton.
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 at the next regular meeting of the Tuckerton Borough Council or as soon thereafter as the matter may be reached 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, the Borough Clerk 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 permitted entity requesting authorization from the Borough Council for said charitable solicitation use any individual under the age of 18 years of age to perform any function or task associated with said charitable solicitation in any roadway.
The permitted entity 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.
Any person or organization who shall violate any of the provisions of this article shall pay, upon conviction, a penalty not to exceed $100.
Notwithstanding any provision of law to the contrary, the Borough of Tuckerton shall not be liable in any civil action for damages for property damage or personal injury resulting from a motor vehicle accident arising from or out of or in the course of roadway solicitations for the purpose of soliciting contributions, conducted by charitable organizations as defined pursuant to N.J.S.A. 45:1:7A-20.