[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield 3-10-2022 by Ord. No. 2022-5.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 192, Peddling
and Soliciting, adopted 8-23-1971 (Ch. 134 of the 1991 Code), as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
A selling or display unit, with or without wheels, intended
to serve as a transportable structure for facilitating the display,
sale and transportation of merchandise.
Any person peddling or selling wares, collecting or soliciting
information, seeking financial contributions or distributing literature
on streets, in public places, by residence to residence or place to
place.
Any goods or services offered for present or future sale
by a vendor, including but not limited to merchandise, food, seasonal
items, home repair services and vegetation.
A.Â
No vendor shall peddle or sell wares, collect or solicit information,
or distribute literature within the Borough of Newfield without first
obtaining a license from the Borough.
B.Â
Written application for licensure shall be filed in triplicate with the Borough Clerk no less than 14 calendar days' prior to commencing the activities specified § 192-2A.
C.Â
Each application shall provide the following information concerning
each vendor:
(1)Â
Whether the vendor has ever been charged with any crime, disorderly
persons offense or municipal ordinance (not including Title 39 motor
vehicle violations), and for each such arrest:
(2)Â
Whether the vendor has ever been convicted of any crime, disorderly
persons offense or municipal ordinance (not including Title 39 motor
vehicle violations), and for each such conviction:
(3)Â
A notarized letter from the vendor's employer verifying that the vendor is an agent of the employer and authorized to engage in the activities specified in § 192-2A.
(4)Â
Each municipality within New Jersey which the vendor has conducted
business within the past year.
(5)Â
Each municipality for which the vendor has applied for a similar
license and whether any such application was denied, and whether the
license subsequently revoked.
(6)Â
A copy of the vendor's social security card.
(7)Â
Current driver's license.
(8)Â
New Jersey sales tax certificate for the vendor's employer.
(9)Â
Federal taxpayer identification number of the vendor's employer.
(10)Â
A recent photograph of the vendor.
(11)Â
Proof of insurance as required by this chapter.
(12)Â
Written consent for the Borough to perform a criminal background
history check on the vendor.
A.Â
This licensure requirement of this chapter shall not apply to nonprofit
charitable, religious, educational, civic, or veterans' organization,
volunteer first-aid, fire or environmental organization, volunteer
community improvement group, or political organization operating within
the Borough soliciting in its name money, donations or any other financial
assistance, or sell or distribute literature or merchandise for charitable,
religious, patriotic or philanthropic purposes.
B.Â
Exemption from licensure may only be obtained by filing a sworn written
application to the Borough Clerk/Administrator no less than 14 calendar
days' prior to the activity specifying:
(1)Â
The applicant's name and address;
(2)Â
The nature and location of the planned activity;
(3)Â
The duration of the intended solicitation;
(4)Â
The name, address, and telephone number of designated contact person(s)
for the organization;
(5)Â
The name of each vendor and the home address, date of birth, and
social security number for each non-Borough-resident vendor;
(6)Â
A copy of a criminal background history for each vendor identified
in § 40-2B(5), dated within 30 days of the filing of the
exemption application. The Borough of Newfield does not perform or
obtain criminal background history checks for exemption applications.
This subsection may be satisfied by submission of a criminal history
background check sanctioned by the New Jersey State Police or any
other form the Borough Clerk accepts in his or her sole discretion.
C.Â
Organizations listed on the Borough of Newfield exempt registry may
file a single exemption application for all of its vendors annually.
D.Â
Seasonal ice cream trucks delivering ice cream products to developments
and mobile lunch trucks delivering food products to construction sites
within the Borough may be provided extended licensure periods in the
discretion of the Borough Clerk and shall pay a reduced $100 monthly
licensure fee.
(1)Â
Seasonal ice cream trucks and mobile lunch trucks shall solicit and
conduct their business no more than five feet from the grass or curbline
of any public street and shall not obstruct the clear passageway for
vehicles or pedestrians.
(2)Â
Seasonal ice cream trucks and mobile lunch trucks are subject to
all other provisions of this chapter unless specifically exempted.
A.Â
Payment of $140 shall be submitted with each application to cover
the cost for the criminal background check for nonexemption licenses.
B.Â
The following shall be paid be each applicant upon the issuance of
each license:
(1)Â
$20 per day for daily licenses.
(2)Â
$100 per week for weekly licenses. A week shall constitute six consecutive
days, excluding Sundays.
(3)Â
$750 annually for yearly licenses. Yearly licenses shall expire at
the end of the calendar year which the license was issued.
(4)Â
$250 per seasonal activity for seasonal licenses.
A.Â
Each license issued shall only authorize the vendor named in such
license to engage in the business authorized.
B.Â
No license shall be transferable to another vendor.
C.Â
Any person or organization subject to this chapter shall file a renewal
application for licensure after the expiration of 12 months from the
date the last application was approved or as otherwise provided in
this chapter.
E.Â
Each vendor shall continuously and conspicuously display their license
while conducting licensed business within the Borough.
Licensed vendors are permitted to conduct licensed activities
between 9:00 a.m. and 9:00 p.m. on the days authorized. No vendor
shall conduct licensed activities between 9:00 p.m. and 9:00 a.m.,
unless specifically permitted otherwise in this chapter.
A.Â
Licenses issued pursuant to his chapter may be permanently revoked
by order of an authorized Municipal Court Judge upon judicial determination
of:
(1)Â
Misrepresentation or false statement contained in the application
for the license.
(2)Â
Misrepresentation or false statement made in the course of carrying
on activities regulated herein.
(3)Â
Conviction of any crime involving moral turpitude.
(4)Â
Conducting business in violation of any provision of this chapter.
(5)Â
Violation of any state statute or Borough ordinance while soliciting
within the Borough.
B.Â
Notice of hearing for revocation of a license shall be given in writing,
setting forth the grounds of complaint and the time and place of hearing.
Such notice shall be served upon the licensee or mailed, postage prepaid,
to the licensee at the addresses given by the licensee.
C.Â
Any person aggrieved by the action of the Chief of Police or the
Borough Clerk or Administrator in the denial of an application for
a license shall have the right of appeal to the Borough Council.
(1)Â
Such appeal shall be taken by filing with the Borough Clerk or Administrator,
within 14 calendar days after notice of the action complained about,
a written statement setting forth fully the grounds for the appeal.
(2)Â
Notice of such hearing shall be given to the appellant in the same
manner as provided herein for notice of hearing on revocation.
(3)Â
The decision and order of the Borough Council on such appeal shall
be final and conclusive.
Except as otherwise provided by specific exception in this chapter,
persons subject to this chapter, including persons claiming an exemption
from the requirements of municipal licensing, shall not:
A.Â
Solicit, conduct business with or sell to persons in motor vehicles.
B.Â
Station, place, set up or maintain wares or equipment in such a way
as would:
(1)Â
Restrict, obstruct, interfere with or impede the pedestrian's
right-of-way;
(2)Â
Restrict, obstruct, or interfere with the use or enjoyment of the
abutting property;
(3)Â
Create or become a nuisance;
(4)Â
Increase traffic congestion or cause or increase traffic delay or
hazards;
(5)Â
Cause or create or constitute a danger to life, health, or property;
or
(6)Â
Sell food, drinks, ice cream or confections of any kind for immediate
consumption unless such person has available for public use a litter
receptacle, which must be attached to the person's cart or vehicle,
which shall be clearly marked and maintained for patron use, nor shall
any person leave any location without first picking up, removing and
disposing of any trash or refuse remaining from their product or service.
C.Â
Leave wares unattended at any time or store, place or leave the same
overnight on any sidewalk or public way of the Borough; station, place,
set up or maintain wares closer than 20 feet from the curbline or
end of pavement of intersecting streets.
D.Â
Place wares in such a way as would reduce the unobstructed pedestrian
right-of-way on a sidewalk.
E.Â
Engage in business within 20 feet of any location where the curb
has been depressed to facilitate pedestrian or vehicle movement.
F.Â
Engage in business on any sidewalk or along any street within 100
feet of any fire hydrant, crosswalk or bus stop, or within 25 feet
of any driveway.
G.Â
Place wares in front of the display windows or signs of fixed-location
businesses, nor shall they be within 20 feet from the entrance door
to a fixed-location business.
H.Â
Operate in such a manner as to restrict the continued maintenance
of a clear passageway for vehicles or pedestrians.
I.Â
Engage in business within 200 feet of the grounds of any school between
1/2 hour prior to the start of the school day and 1/2 hour after dismissal
at the end of the school day.
J.Â
Engage in business within 200 feet of the grounds of any church,
synagogue or other house of worship between 1/2 hour prior to the
start of the service and 1/2 hour after dismissal at the end of the
service.
K.Â
Use or operate any audio or visual device for the purpose of attracting
attention, entertaining the public, or self-entertainment.
L.Â
Sell from any one site or area for a period of more than four hours,
including time for setup and breakdown of a vending unit. After four
hours, the vending unit or vendor must move to a new location at least
300 feet away from where he was doing business or cease doing business.
(1)Â
No vendor may return to the same location in any calendar day.
(2)Â
No vendor shall place any object, sign, or person nor take any action
designed to reserve a location for their use. Any such object may
be removed and kept as evidence of a violation by any person, who
shall promptly surrender it to the police.
M.Â
Place wares other than one vending unit, whether it be a cart, single
table no larger than 96 inches long by 48 inches wide by 72 inches
high, or display unit similar to a table which shall occupy a space
no larger than 32 square feet. The Borough Clerk or Administrator
may grant an exception to size limits with the advice and consent
of the Chief of Police in the case of the sale of certain holiday
items sold for limited times during the year.
N.Â
Engage in business within 300 feet of any fixed place of business
selling substantially similar merchandise. A food vendor shall not
operate within 300 feet of a restaurant.
A.Â
All circulars, samples, or other advertisements shall be delivered
in person to the recipient or left in a secure place located on the
recipient's dwelling premises.
B.Â
No person shall enter or attempt to enter the dwelling of any resident
without an express invitation from an occupant of the dwelling.
C.Â
No person shall conduct themself in such a manner as to become objectionable
to or annoy any occupant of any dwelling. Signs posted by property
owners stating "no soliciting" or similar thereto shall be obeyed.
All equipment installed in any part of the vending unit or articles
carried by the unit shall be secured in order to prevent movement
during transit and prevent detachment in the event of a collision
or overturn.
A.Â
Licensees selling food and/or beverages shall obtain a certificate
of health compliance issued by the Gloucester County Department of
Health to the licensee prior to the licensee commencing the sale of
any food and/or beverages. Such certificate shall be conspicuously
displayed on the vending unit.
B.Â
Any vendor selling food shall provide proof of an insurance policy
issued by an insurance company licensed to do business in the State
of New Jersey protecting the vendor and the Borough from all claims
or damages to property and bodily injury, including death, which may
arise from operations under or in connection with the vending. Such
insurance shall name as an additional insured the Borough of Newfield
and shall provide that the policy shall not terminate or be canceled
prior to the expiration date without 30 days' written notice
to the Borough. The minimum amount of the insurance to be maintained
is $500,000.
A.Â
Any person convicted of violating or failing to comply with any of
the provisions of this chapter shall be subject to a fine not less
than $300 nor more than $500; upon a second violation, a fine not
less than $500 nor more than $800; and upon a third or subsequent
violation, a fine not less than $800 nor more than $1,000; and/or
a period of community service not to exceed 14 calendar days.
B.Â
Whenever such person shall have been notified by service of a summons
in a prosecution, or any other official manner, that he or she is
committing a violation, each day's continuance of such violation
thereafter shall constitute a separate offense, punishable in accordance
with this section.