[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake 7-26-1976 by Ord. No. 76-8 (Ch.
182 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 163.
Fund-raising events — See Ch. 195.
Garage sales — See Ch. 200.
Noise — See Ch. 227.
Parking regulations — See Ch. 234.
Parks and playgrounds — See Ch. 240.
Peace and good order — See Ch. 246.
Vehicles and traffic — See Ch. 250.
Precious metals and gems — See Ch. 261.
This chapter shall be cited as the "Woodcliff
Lake Peddlers and Solicitors Ordinance."
As used in this chapter, the following words
shall have the following meanings:
Any person which is or holds itself out to be organized or
operated for any charitable purpose.
[Added 12-4-2018 by Ord.
No. 18-14]
Any person who goes from house to house or from place to
place, whether on foot or in a vehicle, purchasing or otherwise acquiring
or collecting old or secondhand metal, bottles, glassware, tinware,
paper, lumber, plumbing fixtures, dismantled or inoperable automobiles,
dismantled or inoperable machinery, or any other thing which is no
longer used or useable for its intended purpose but which has value
because of the parts or materials it contains.
As used in this or any other section of the Borough Code, any portable kitchen located inside of a vehicle and/or trailer shall meet the standards and requirements for a motorized food vendor (aka "food truck") as contained in Chapter 399.[1]
[Added 6-6-2011 by Ord. No. 11-03; amended 4-18-2016 by Ord. No. 16-04]
Any person traveling from house to house or from street to
street carrying, conveying or transporting goods, wares and merchandise,
offering and exposing the same for sale or making sales of food by
traveling from house to house or who shall sell or offer the same
for sale from a wagon, automotive vehicle, motor truck, railroad car
or other vehicle or conveyance, and further provided that one who
solicits orders and, as a separate transaction, makes deliveries to
purchasers a part of his/her scheme or design to evade the provisions
of this chapter shall be deemed a "peddler," subject to the provisions
of this chapter. The word "peddler" shall often include the words
"hawker" and "huckster."
[Amended 12-4-2018 by Ord. No. 18-14]
Any individual, organization, trust, foundation, association,
partnership, corporation, society or other group or combination acting
as a unit.
[Added 12-4-2018 by Ord.
No. 18-14]
The request, directly or indirectly, for the donation of
money, property, anything of value or financial assistance of any
kind, and shall include the selling or offering for sale of any property,
real or personal, tangible or intangible, whether of value or not,
including but not limited to goods, books, tags, service emblems,
tickets, publications or subscriptions to publications or brochures,
and conducted from house to house or on the public streets. A solicitation
is complete when the solicitation is communicated to any individual
then located within the corporate limits of the Borough of Woodcliff
Lake.
[Amended 6-6-2016 by Ord.
No. 16-06; 12-4-2018 by Ord. No. 18-14]
A person in the business of selling personal property or
services who conducts his business from a fixed location, but who
does not intend to continue in business within the Borough for at
least one year. A proprietor of a business which is seasonal in nature
who suspends business during the off-season shall not, for that reason
alone, be considered a transient vendor.
[1]
Editor’s Note: The former definition of “nonprofit
organizations,” which immediately followed, was repealed 12-4-2018
by Ord. No. 18-14.
[Amended 6-6-2011 by Ord.
No. 11-03; 4-18-2016 by Ord. No. 16-04; 12-4-2018 by Ord. No. 18-14]
It shall be unlawful for any person, directly or through an
agent or employee, or for a peddler, solicitor or canvasser to ply
or conduct his/her trade or solicitation within the Borough of Woodcliff
Lake without having first obtained a certificate of registration from
the Borough Clerk, as hereinafter provided.
A.
It shall be unlawful for any person, individually or as the agent
or employee of a person, or for any peddler, solicitor or canvasser
to ply or conduct his/her trade or solicitation within the Borough
unless his/her principal or employer has received a certificate of
registration, as hereinafter provided.
B.
It shall be unlawful for any person or for any peddler, solicitor
or canvasser to ply or conduct his/her trade or solicitation within
the Borough without visibly displaying an identification card issued
to that person by the Borough Clerk, as hereinafter provided.
C.
It shall be unlawful for any peddler, solicitor or canvasser to ply
or conduct his/her trade or to solicit between the hours of 30 minutes
after sunset and 9:00 a.m. on any day.
D.
It shall be unlawful for any person, directly or through an agent
or employee, or for any peddler, solicitor or canvasser to ply or
conduct his/her trade or to solicit within the Borough of Woodcliff
Lake after expiration of any certificate of registration.
E.
It shall be unlawful for any person engaged in solicitation or for
any peddler, solicitor or canvasser to knock at the door or ring the
doorbell of any home, apartment or any other dwelling unit in the
Borough upon which is clearly displayed at the entrance, a notice
which reads "No Solicitors" or which otherwise clearly purports to
prohibit solicitation on the premises, unless such person is or has
been invited upon the premises by the occupant thereof.
[Amended 6-6-2016 by Ord.
No. 16-06]
Section 255-3 shall not apply to any of the following persons:
A.
Persons selling personal property at wholesale to
dealers in such articles.
B.
Any sale required by statute or order of any court.
C.
Any person engaged in delivering merchandise or other
things in the regular course of business to the premises of the person
ordering or entitled to receive it.
D.
Any person soliciting votes for a bona fide candidate
for political office.
[Amended 12-4-2018 by Ord. No. 18-14]
All persons, except as otherwise provided in this chapter or
by law, desiring to solicit for charitable or other purposes or to
peddle, solicit or canvas within the Borough shall file with the Police
Department prior to any such solicitation, a solicitation application
on forms provided by the Police Department containing the following
information:
A.
The name of the person registering and desiring to solicit or to
peddle, solicit or otherwise canvass.
B.
Whether the person registering is a natural person, partnership,
or corporation and:
(1)
If a natural person, the business and residence address and telephone
number must be given.
(2)
If a partnership, the names of all partners and the principal business
address and telephone number of each partner must be given.
(3)
If a corporation, the person registering must state whether it is
organized under the laws of New Jersey or is a foreign corporation
and must state the mailing address, the business location, the telephone
number, the name of the individual in charge of the local office of
such corporation.
C.
The name, address, date of birth, social security number, personal
photograph(s) and complete driver's license information of the
person or persons who shall be conducting the solicitation or otherwise
peddling, soliciting or canvassing.
D.
A brief description of the nature of the business and the goods to
be sold or services to be performed for which funds are to be solicited
and an explanation of the intended use of the funds toward that purpose.
E.
The time period within which the solicitation or the peddling, soliciting
or canvassing is to be conducted, giving the date of the commencement
and termination of the effort.
F.
If a vehicle or vehicles are to be used in the solicitation, a description
of the same, including year, make and model, together with a certificate
of registration plate number, registration certificate information
and liability insurance information or other satisfactory means of
identification.
G.
The names of any other municipalities in which the person registering
has solicited or otherwise peddled, solicited or canvassed within
the previous 12 months.
[Amended 4-15-1985 by Ord. No. 85-4; 3-19-1990 by Ord. No. 90-5; 12-4-2018 by Ord. No. 18-14]
The Department of Police shall review the registration statement
to determine its compliance with the terms of this chapter within
48 hours after receipt of the same. Thereafter, upon payment of the
prescribed fee or in the event of an applicant who is not required
to pay a fee, the Borough Clerk shall either issue a certificate of
registration within 48 hours or notify the person registering that
the registration statement does not comply with the requirements of
this chapter and to specifically point out the information that has
not been furnished and that is required before a certificate of registration
can be issued.
[Amended 6-6-2016 by Ord.
No. 16-06; 12-4-2018 by Ord. No. 18-14]
A.
The Chief of Police may, upon review of the application, refuse to
issue a certificate of registration to the applicant for any of the
following reasons:
(1)
The location and time of the activities described in the application
would endanger the safety and welfare of the applicant or its customers;
(2)
An investigation reveals that the applicant falsified information
on the application;
(3)
The applicant has been convicted of a felony, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances,
or any violent acts against persons or property; or
(4)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of application.
B.
The Chief of Police's disapproval and the reasons for disapproval
shall be noted on the application, and the applicant shall be notified
that his/her application is disapproved and that no certificate of
registration will be issued. Notice shall be mailed to the applicant
at the address shown on the application form, or at the applicant's
last known address.
[Amended 12-4-2018 by Ord. No. 18-14]
The certificate of registration shall contain the following
information:
A.
The name and address of the applicant.
B.
The number of the certificate of registration and the nature of their
activity.
C.
The address at which the activity is conducted, if the activity is
carried on in a fixed location.
D.
If the activity is conducted from a vehicle, the make, model and
certificate of registration number of the vehicle.
E.
The expiration date of the certificate of registration.
[Amended 12-4-2018 by Ord. No. 18-14]
The Borough Clerk shall keep a record of all certificate of registrations issued under this chapter. The record shall contain the same information as is required by § 255-8 to be contained in the certificate of registration. It shall also indicate the amount of the fee paid for the certificate of registration, the date upon which payment was received, the date of the issuance of the certificate of registration, and whether the certificate of registration is a new certificate of registration or a renewal.
[Amended 12-4-2018 by Ord. No. 18-14]
When the certificate of registration activity is conducted at
a fixed location or from a vehicle, a certificate of registration
shall be prominently displayed at the location or in the vehicle.
In all other cases, the certificate holder shall have the certificate
of registration in his/her possession at all times and shall display
it upon the request of any police officer or any person with whom
he is doing business.
[Amended 12-4-2018 by Ord. No. 18-14]
Every certificate of registration shall apply only to the person,
location (where the activity is to be conducted at a fixed location)
and vehicle (where the activity is to be conducted from a vehicle)
to whom or to which it was issued and shall not be transferable.
[Amended 12-4-2018 by Ord. No. 18-14]
All certificates of registration shall expire on December 31
of the year of issue at 12:00 a.m. midnight local time. Applications
for the renewal of certificates of registration shall be made no later
than December 1 of the year of issue.
[Amended 4-15-1985 by Ord. No. 85-4; 12-4-2018 by Ord. No. 18-14]
The fee for a certificate of registration required by this chapter shall be established by Chapter 163, Fees.
[1]
Editor’s Note: Former § 255-14, Hours of sale,
was repealed 12-4-2018 by Ord. No. 18-14.
[Amended 12-4-2018 by Ord. No. 18-14]
A.
All certificate of registration holders selling, delivering or displaying
for sale food and produce from vehicles which are wholly or partly
open on any side shall, at all times, keep the food and produce completely
screened or covered with satisfactory materials in order to prevent
flies or other insects from alighting around or upon any merchandise.
B.
All certificate of registration holders selling, delivering or displaying
for sale seafood, meats, poultry or dairy products shall transport
them only in refrigerated vehicles. The products shall remain in the
refrigerated portion of the vehicle until the time of sale or delivery.
The refrigerated portion of the vehicle, while in use, shall be maintained
at a temperature low enough to completely safeguard all of the products
from a health and sanitary standpoint.
C.
No certificate of registration holders shall, at any time, permit
any waste products, materials or parts of produce or other merchandise
to remain in or upon any street, roadway, curb or walk, but shall
remove any debris that may have fallen from his/her vehicle and place
it immediately in a leakproof metal container provided with a tight-fitting
cover.
D.
All food or produce sold by any certificate of registration holders
shall, at the time of delivery, be placed in bags or other suitable
containers when it is handed to the customer.
[Amended 12-4-2018 by Ord. No. 18-14]
All certificate of registrant holders under this chapter shall
conduct himself/herself according to the following rules and regulations:
A.
He shall not enter or attempt to enter the house of any resident
of the Borough of Woodcliff Lake without an express invitation from
the occupant of the house.
B.
He shall not conduct himself/herself in a manner that is objectionable
or annoying to the occupant of any house.
C.
No certificate of registration holder or any person acting on his/her
behalf shall shout, blow a horn, ring a bell or use any other sound-making
or sound-amplifying device on any street, park or other public place
or on any private premises so that sounds are produced which can be
plainly heard on streets, avenues, parks or other public places for
the purpose of attracting attention to the certificate of registration
holder or to the activities carried on by him/her.
D.
All certificate of registration holders and any vehicles used by
them in the course of the certificate of registration activity shall
fully comply with all of the provisions of this chapter or other applicable
municipal ordinances and all applicable state laws or regulations,
particularly those which deal with the protection of the public health,
safety and welfare.
[Amended 12-4-2018 by Ord. No. 18-14]
A.
No certificate of registration holder shall permit any debris, waste
material, rotting produce or similar matter to remain in or upon his/her
vehicle unless it is contained in a leakproof metal container provided
with a tight-fitting metal cover.
B.
No certificate of registration holder shall transact business from
his/her vehicle unless it is properly parked immediately adjacent
to the curb of a public street in a permitted locality. No certificate
of registration holder shall, at any time, double-park his/her vehicle
while transacting business nor transact business other than on the
curb side of his/her vehicle.
C.
With the exception of registered food trucks as provided in the Code
of the Borough of Woodcliff Lake, certificate of registration holders
selling food and produce shall prohibit, to the extent reasonably
possible, the eating of any merchandise directly from their vehicles.
D.
Before a certificate of registration holder selling food and produce
uses any vehicle in connection with his/her business, the vehicle
shall be submitted to the Borough of Woodcliff Lake Board of Health
for inspection and approval relative to compliance with this chapter.
Whenever requested during the term of the certificate of registration,
the certificate of registration holder shall submit his/her vehicle
for reasonable reinspection. No vehicle shall be used by the certificate
of registration holder unless it has been approved for use by the
Board of Health. A certificate of written approval shall remain in
the vehicle at all times and shall be shown by the operator to any
member of the Borough of Woodcliff Lake Police Department or any other
official of the Borough who may request to see it.
E.
Any vehicle used in connection with any active certificate of registration
by this chapter shall have a copy of the certificate of registration
visibly placed in the front windshield.
[Amended 12-4-2018 by Ord. No. 18-14]
No certificate of registration holder shall have an exclusive
right to any location in the public streets, nor shall he/she be permitted
a stationary location on the streets.
The Mayor and Council may, by resolution, make
rules and regulations which interpret or amplify any provision of
this chapter or for the purpose of administering the provisions of
this chapter or making them more effective. No regulation shall be
inconsistent with, alter or amend any provision of this chapter, and
no regulation shall impose any requirement which is in addition to
or greater than the requirements that are expressly or by implication
imposed by any provision of this chapter.
[Amended 12-4-2018 by Ord. No. 18-14]
Any certificate of registration issued under the provisions
of this chapter may be revoked by the Mayor and Council after notice
and a hearing for any of the following causes:
A.
Fraud or misrepresentation in any application for a certificate of
registration.
B.
Fraud, misrepresentation or other dishonesty in the conduct of the
certificate of registration activity.
C.
A violation of any provision of this chapter or any other provision
of this Code or other ordinance of the Borough of Woodcliff Lake applicable
to the certificate of registration activity.
D.
Conviction of the certificate of registration holder for any felony
or high misdemeanor or a misdemeanor or disorderly person's offense
involving moral turpitude.
E.
Conduct of the certificate of registration activity, whether by the
certificate of registration holder himself/herself or his/her agents
or employees, in an unlawful manner or in a manner that constitutes
a breach of the peace or a menace to the public health, safety or
welfare.
[Amended 12-4-2018 by Ord. No. 18-14]
Notice of a hearing for the revocation of a certificate of registration
shall be given, in writing, by the Borough Clerk. The notice shall
specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the certificate of registration holder at his/her
last known address by certified mail, return receipt requested, at
least five days prior to the date set for the hearing.
[Amended 12-4-2018 by Ord. No. 18-14]
At the hearing, the certificate of registration holder shall
have the right to appear and be heard, to be represented by an attorney,
to present witnesses in his/her own behalf, to cross-examine opposing
witnesses and to have a permanent record made of the proceedings at
his/her own expense. If such a record is made, two copies shall be
furnished to the Borough without charge. The Mayor and Council shall
revoke or suspend the certificate of registration if they are satisfied
by a preponderance of the evidence that the certificate of registration
holder is guilty of the acts charged.
[Amended 12-4-2018 by Ord. No. 18-14]
The Mayor and Council may issue another certificate of registration
to a person whose certificate of registration has been revoked or
denied as provided in this chapter if, after a hearing, they are satisfied
by clear and convincing evidence that the acts which led to the revocation
or denial will not occur again; otherwise, no person whose certificate
of registration has been revoked or denied nor any person acting for
him/her, directly or indirectly, shall be issued another certificate
of registration to carry on the same activity.
[Amended 4-15-1985 by Ord. No. 85-4]
Any person violating any of the provisions and
terms of this chapter shall, upon conviction thereof, be subject to
a fine of not more than $1,000 or imprisonment in the county jail
for not more than 90 days, or both, in the discretion of the court.
[Added 11-8-2006 by Ord. No. 06-15]
No trade solicitor or canvasser shall enter
onto any property on which is located a sign or signs stating "no
solicitors" or carrying a similar message forbidding the entry of
any persons onto the property.
[Added 11-8-2006 by Ord. No. 06-15]
A.
Collection, preparation and maintenance of a nonsolicitation
list. The Office of the Borough Administrator/Clerk shall collect,
prepare and maintain a list of addresses of those premises where the
owner and/or occupant has notified the Clerk that soliciting and canvassing
is not permitted on his/her premises. To be included on the nonsolicitation
list, residents shall complete a form supplied and maintained by the
Borough, without cost to the resident. With the adoption of this section,
the Office of the Clerk shall make the form available to all residential
property owners or occupants and may distribute same thereafter in
any manner directed by the governing body.
B.
The Borough Administrator/Clerk, or his designees,
shall submit the nonsolicitation list to the Chief of Police on a
quarterly basis, which nonsolicitation listing shall be distributed
to applicants seeking a license to solicit or canvass pursuant to
the provisions of this chapter. The applicant shall acknowledge, in
writing, receipt of this list as part of the application process.
The licensee shall not solicit or canvass at any address on the nonsolicitation
list.
C.
On or about January 1, April 1, July 1, and October
1 of each year, the Office of the Clerk shall update the list. The
updated list shall then be forwarded to the Chief of Police for distribution
to solicitors and/or canvassers, and said list shall not contain residents'
names. Nothing herein shall prohibit the more frequent updating of
the list by the appropriate Borough official.
