[HISTORY: Adopted by the Board of Commissioners of the City
of Bordentown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-11-1995 by Ord. No. 1995-19]
As used in this article, the following terms shall have the
meanings indicated:
A person who, sells goods, the proceeds of which are devoted
exclusively to the purpose of a philanthropic, charitable or religious
society on whose behalf he acts as agent, with or without pay, but
excluding those individuals or organizations soliciting for funds
or other things of value.
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 and 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, subscriptions and photography.
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal or agent thereof.
A person selling the articles or services described above
in the definition of "peddler" by sample or taking orders for future
delivery, with or without accepting an advance payment for the goods
and regardless of whether the solicitation be made by mail, telephone
or personal contact. The provisions of this article shall apply to
the person who comes in personal contact with the buyer through the
delivery of the goods or the acceptance of any moneys in payment therefor.
The purposes of this article are to monitor transient businessmen,
to prevent dishonest business practices, to prevent the use of soliciting
and canvassing to gain access to homes for criminal purposes and to
maintain quiet and privacy for the residents of the City of Bordentown.
The provisions of this article shall not apply to city-wide events
sponsored by local businesses or religious organizations, such as,
and including, but not limited to, the annual street fair and Cranberry
Festival.
It shall be unlawful for any person to sell or dispose of, or
to offer to sell or dispose of, any foodstuffs, goods, wares or merchandise
within the City of Bordentown without first obtaining a license and
having paid the license and/or other fees hereinafter prescribed.
The license fees shall not apply to any person who conducts a sale pursuant to state or court order, nor to any person who is an exempt member of a volunteer fire department or other lawfully organized nonprofit organization, as defined by New Jersey public laws. Said persons and/or organizations must comply with all requirements of § 213-5, as may be applicable.
A.
Any person desiring a license shall file with the Chief of Police an application form, accompanied by the appropriate fee, as specified in § 213-8, which application shall contain the following:
(1)
The name of the applicant.
(2)
The applicant's age and date of birth.
(3)
The applicant's social security number.
(4)
The applicant's height and weight.
(5)
Two photographs of the applicant which shall be approximately 2 1/2
inches by 2 1/2 inches in size showing the head and shoulders
of the applicant, in a clear and distinguishing manner.
(6)
The applicant's permanent home residence.
(7)
The place or places of residence of the applicant for the preceding
three years.
(8)
The name and address of the persons from which goods making up the
stock were or are to be purchased.
(9)
Three business references.
(10)
The length of time for which the license is desired.
(11)
A description of the nature of the business and the goods, services
or wares to be sold and sufficient information to determine whether
or not the business he is to transact is interstate or intrastate.
(12)
A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or disorderly conduct offense, where and when
so convicted, the nature of the offense and the penalty.
(13)
The make, model, year, color and license plate number of the
vehicle used by the applicant during the period of solicitations within
the City of Bordentown, and the number of his driver's license
and the state of issuance.
(14)
Whether the applicant has provided a certificate of authority
to collect taxes from the State Division of Taxation.
(15)
Copies of declaration pages of all insurance maintained by the
applicant related to its business and business vehicle.
B.
In the event the applicant is an organization or person referred to in § 213-4, the Commissioners may waive one or more of the referenced information requirements at their sole discretion.
C.
Applicants applying for a license to operate as a vendors at the
municipal boat ramp area shall so state on the application.
Following the filing of the application and the payment of the appropriate fee, as required under § 213-8 of this article, the Chief of Police shall verify the information. The Chief, based on the applicant's criminal background, may, in his discretion, require the applicant to have his fingerprints taken, to be compared with those on file with the Federal Bureau of Investigation and the State Bureau of Identification, and, based on his findings, shall either signify his approval or rejection of the application to the Board of Commissioners of the City of Bordentown, who shall act upon the same as soon as the necessary investigation and recommendations by said Chief of Police have been made. Upon approval of the application and payment of the fees, the license shall be issued by the Clerk of the City of Bordentown who shall keep the necessary records pertaining thereto. For all license classes, the license shall not authorize any person, except the person named in said license, to engage in the business specified. Said license shall not be transferable from the person to whom issued to any other person. A separate license must be obtained by a licensed peddler or solicitor for every agent or employee working for him. The Board of Commissioners has full discretion as to whether or not to issue a license and can limit the amount of licenses issued as it sees fit and can revoke a license upon reasonable cause. The Commissioners' decision as to the issuance of a license shall be final.
Every person holding a license under this article shall be required
to carry the license on his person while engaged in the business licensed.
He must produce the license at the request of any person solicited,
a police officer or other official of the City of Bordentown. To every
person granted a license, the Clerk of the City of Bordentown shall
issue a license certificate which shall display a photograph of the
applicant, the number of the license and the dates for which it is
issued.
License and processing fees shall be as follows:
A.
A fee of $50 shall be paid for the processing of each license application
and shall apply to each individual who makes application for said
license, except in the case of a license application to operate as
a food vendor at the municipal boat ramp area, in which case the application
fee shall be $500. Said processing fee shall include the cost of fingerprinting,
the issuance of the license and the license issued therefor.
D.
The license shall be valid for a period of five business days, except in the case of a license to provide food vending services at the municipal boat ramp area, in which case the license shall be valid for the time in which that area is open for public use as set forth in Chapter 116 of the Bordentown City Code. All licenses, other than those issued for the municipal boat ramp area, can be renewed without the need for reapplication upon payment of the stated fee, or upon written request, in the case of a nonprofit peddler or vendor. An applicant can receive up to 10 renewals without the need for reapplication. Boat ramp licenses must be reapplied for, in accord with this section, on an annual basis.
E.
Unsuccessful applicants who are denied licenses shall have the fee
returned.
A.
All persons to whom a license shall be issued hereunder shall observe
the following regulations, and, for any violation thereof, the license
shall be immediately revoked by the Chief of Police.
B.
No person shall solicit or canvass at any residence without first
securing written permission to do so from the individual homeowner
on forms provided by the City of Bordentown.
C.
No person covered by this article shall sell or attempt to sell in
accordance with the terms of this article before 9:00 a.m. or after
5:00 p.m., prevailing time, except in the case of the municipal boat
ramp area, in which case vendors shall be allowed to operate during
the hours the ramp is open. The aforesaid time limitations shall not
apply to persons who are expressly invited into homes by the occupants
thereof.
D.
No person shall hawk or sell wares within a distance of 100 feet
of the nearest public building or commercial establishment. Nothing
herein shall be read to proscribe the lawful activity of a vendor
in the municipal boat ramp area.
E.
No noisemaking device of any kind shall be used to attract attention.
F.
No vehicle shall be parked upon any public street for the purpose
of displaying or selling wares or merchandise, unless specifically
approved by the city. Nothing herein shall be read to proscribe the
lawful activity of a vendor in the municipal boat ramp area.
G.
All persons covered by this article shall leave their names, addresses
and telephone numbers with the home owner so that orders made may
be canceled within a reasonable period of time.
H.
All persons covered by this article shall be courteous to all persons
with whom they shall meet, shall not annoy any of the inhabitants
of the City of Bordentown and shall conduct himself or herself in
a lawful manner at all times.
A license may be revoked by the Board of Commissioners of the
City of Bordentown by reason of the violation of the terms of the
license, the violation of any municipal ordinance, state or federal
statute or falsification in applying for a license. The licensed person
shall be granted a hearing by the Board of Commissioners upon his
request. A license may be suspended for not more than three 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.
Any person violating any of the terms or provisions of this
article or conducting the business of peddler, solicitor or nonprofit-making
vendor in this city without a license to do so shall, upon conviction
thereof by the Municipal Court Judge of the City of Bordentown, be
subject to a fine not exceeding $500 and/or by imprisonment in the
County Jail for a term not exceeding 90 days, and/or up to 100 hours'
community service, in the discretion of the Municipal Court Judge.
[Adopted 3-23-1998 by Ord. No. 1998-4]
The purpose of this article is to provide regulations governing
solicitation of motorists in the roadway of a highway, other than
interstate highways or toll roads, within the City of Bordentown.
No person shall stand in the roadway of a highway to stop, impede,
hinder or delay the progress of a vehicle for the purpose of soliciting
the purchase of goods, merchandise or tickets, or for the purpose
of soliciting contributions for any cause, and the only question of
law and fact in determining guilt under this section shall be whether
goods, merchandise or tickets were tendered or offered for sale, or
whether a contribution was solicited.
A.
The Commissioners of the City of Bordentown may, by ordinance, authorize
charitable organizations as defined in Section 3 of P.L. 1994, c.
16 (N.J.S.A. 45:17A-20) to solicit contributions in the roadway of
a highway, other than interstate highways or toll roads maintained
pursuant to P.L. 1962, c.10 (N.J.S.A. 27:12C-1 et seq.), P.L. 1991,
c. 252 (N.J.S.A. 27:25A-1 et seq.), P.L. 1952, c. 16 (N.J.S.A. 27:12B-1
et seq.), or P.L. 1948, c. 454 (N.J.S.A. 27:23-1 et seq.), subject
to regulations promulgated pursuant to the "Administrative Procedure
Act," P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.) by the Department
of Transportation.
B.
The City of Bordentown shall not authorize charitable organizations
to solicit on any county highway or intersection of a county highway
without the approval of the Board of Chosen Freeholders. The City
of Bordentown shall not authorize charitable organizations to solicit
on any state highway or intersection without the approval of the Commissioner
of Transportation. The Board of Chosen Freeholders and the Commissioner
of Transportation shall not unreasonably withhold approval.
C.
The Commissioner of Transportation may, by regulation, designate
any highway or sections of any highway as a location wherein the standing
of any person or the parking of any vehicle for the purpose of soliciting
the purchase of goods, merchandise or tickets, or for the purpose
of soliciting contributions for any cause, is deemed hazardous or
inimical to the proper flow of traffic and shall be prohibited. Each
highway or section thereof so designated shall be clearly marked by
appropriate signs which shall be erected and maintained by the authority
having the responsibility for the maintenance of such highway, upon
receipt by such authority of written notice from the director of the
adoption of such regulation. No person shall stand in, and no operator
shall allow a vehicle to stand in, any section of a highway so designated
and marked so as to stop, impede, hinder or delay the progress of
a vehicle for the purpose of soliciting the purchase of goods, merchandise
or tickets, or for the purpose of soliciting contributions for any
cause, and the only question of law and fact in determining guilt
under this section shall be whether goods, merchandise or tickets
were tendered or offered for sale, or whether a contribution was solicited.
D.
The determination of whether a solicitation is being done in a lawful
fashion where it has first received approval of the county or state,
as the case may be, shall be within the sole discretion of the City
of Bordentown, and the city reserves the right to control, direct
or modify such solicitations in order to ensure the safety of solicitors,
pedestrians and motorists.
Any person found guilty of violating any of the provisions of
this article shall pay, upon conviction, a penalty not to exceed $100.
