[HISTORY: Adopted by the Mayor and Council
of the Borough of Tuckerton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
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.
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.
Does not include the word "charitable" as herein defined,
but shall be given their commonly accepted definitions.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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[1]]
[1]
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:
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 location 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 Ocean 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 the Department
of Transportation of the State of New Jersey to permit said charitable
solicitation; and
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 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.
