[HISTORY: Adopted by the Board of Commissioners of the Village of Ridgefield Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-25-1972 (Ch. 131, Art. II, of the 1985 Code)]
[Amended 2-26-2019 by Ord. No. 2019-02]
No person, except as provided in this article, shall canvass, solicit or distribute circulars or other matter from house to house within the Village without first having registered with and received a written permit from the Chief of Police.
Any person desiring a permit under this article shall make application to the Chief of Police, which application shall give the following information:
A. 
The name and address of the person seeking the permit.
B. 
If the applicant is an agent or employee, the name and address of the principal or employer and evidence of the agent's or employee's authority to act.
C. 
The purpose for which the permit is applied for, and in case it is for the solicitation of funds or goods, the organization for which the funds or goods are to be raised, the details of the project or work, including the amount to be raised, the purpose thereof, the amount paid to the solicitor and the method of solicitation.
[Amended 2-26-2019 by Ord. No. 2019-02]
[Amended 2-26-2019 by Ord. No. 2019-02]
Upon receipt of a completed application, the Chief of Police shall grant a permit to canvass or solicit from house to house; provided, however, that the application for a permit shall be denied in all cases where the application of the canvasser or solicitor, upon investigation, shows that he is not of good character or that he is canvassing for a project not free from fraud.
[Amended 12-22-1981 by Ord. No. 18-81; 6-26-2007 by Ord. No. 07-04]
There shall be a fee of $25 for each permit issued pursuant to this article. Said fee shall be paid at the time the permit is issued.
[Amended 2-26-2019 by Ord. No. 2019-02]
A permit to canvass or solicit shall specify the time period the permit will be in effect. The Chief of Police may revoke the permit for failure or refusal on the part of the permittee to observe the provisions of this article. The making of any false statement in an application shall constitute a violation of this article and shall be grounds for revocation of the permit.
[Amended 2-26-2019 by Ord. No. 2019-02]
Any permit issued under the provisions of this article shall be exhibited to any resident of the Village on demand and shall be limited to the purpose of solicitation or canvassing therein set forth. No person shall canvas, solicit or distribute circulars or other matters from house to house within the Village at any residence that has displayed a sign indicating "no solicitation" or other similar prohibition.
Upon the expiration of any permit issued under the provisions of this article, the holder thereof shall, within 24 hours, surrender the same to the officer in charge at police headquarters.
The following persons are exempt from the provisions of this article:
A. 
Persons engaged in the delivery of goods, wares and merchandise or other articles or things in the regular course of business to the premises of persons ordering or entitled to the same.
B. 
Persons engaged in canvassing, soliciting contributions, distributing circulars or other matters for religious, charitable or political organizations.
[Amended 2-26-2019 by Ord. No. 2019-02]
C. 
Persons engaged in interstate commerce.
Any person, firm or corporation who shall violate any of the provisions of this article shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article II, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 5-22-1973 (Ch. 131, Art. III, of the 1985 Code)]
this article is adopted for the purpose of regulating the conduct and activities of peddlers, providing for the issuance of a license to them, fixing fees for said licenses and providing for the penalties and other appropriate action for the violation of this article.
For the purpose of this article, the following definitions are hereby established:
APPLICANT
Unless the context clearly indicates otherwise, includes an individual, all partners, all principals of an association, all stockholders of a corporation as well as corporate officers, and all employees, agents, servants or persons designated by an applicant to carry on the business in the Village of Ridgefield Park, and all licensees under this article.
GOOD CAUSE
Includes but is not limited to any applicant's lack of good moral character, his conviction or pending charge of a crime involving moral turpitude, his violation of any section of this article or his failure to pay the license fee due hereunder.
GOODS
Goods, wares, merchandise, foodstuffs and commodities. Such term shall not include newspapers, magazines and periodicals.
PEDDLING
Going from place to place and from house to house, carrying for sale and delivery to consumers the identical goods so carried.
All applicants wishing to distribute, sell or offer for sale or have in his or its presence for intent to distribute, sell or offer for sale, and/or carry on or transact or conduct the business of peddling goods or acting as hucksters, hawkers, street vendors or itinerant vendors of goods, wares or merchandise, shall, before pursuing such business on the streets, avenues and highways of the Village, obtain a license to do so and comply with the provisions of this article and any state or other applicable governmental regulations which may be applicable to the business to be engaged in within the Village of Ridgefield Park by the applicant.
All applicants desiring a license for the operation of a business regulated by this article shall first file a written application, signed by the applicant, with the Village Clerk, on a form supplied by the Village Clerk, which application shall contain the following information:
A. 
The names, addresses and status of the applicant, that is, whether the application is made by an individual, a partnership or corporation or other form of business entity. In the case of a corporation, the name and address of the registered agent shall be given.
B. 
The place or places of permanent residence of the applicant and its servants, agents, employees or other people who are designated by it to carry on business within the Village of Ridgefield Park for the past three years.
C. 
A full description of the material or materials to be sold.
D. 
A statement of the equipment to be used in the operation of the business and the method of operation.
E. 
A statement of the number and places of arrests or convictions for crimes against the applicant and his or its employees, agents, servants or other persons designated by the applicant to be employed within the Village of Ridgefield Park to carry out its or his business, and the nature of the offenses upon which the arrests or convictions were made.
F. 
Such other pertinent information as may be necessary in order to inform the Commissioner of Public Affairs that the applicant's business will not interfere with the public health, safety or welfare of the residents or other individuals who might be lawfully within the Village of Ridgefield Park.
Each applicant for a license under the terms of this article and his or its agents, servants, employees or other persons who may be actually employed by the applicant within the Village of Ridgefield Park to carry on the applicant's business may be required to be fingerprinted and also submit satisfactory evidence to comply with all of the ordinances of the Village of Ridgefield Park and other governmental regulations, including but not limited to the State Sanitary Code.
A. 
Applications for licenses required by this article shall be made to the Village Clerk, on forms provided by him, in accordance with § 131-19. The Village Clerk, upon payment of the license fee, may issue a temporary license to the applicant while the application is being considered by the Commissioner of Public Affairs.
B. 
If the Village Clerk declines to issue an applicant a temporary license, the application should immediately be forwarded to the Commissioner of Public Affairs. The Commissioner shall notify an applicant within five business days, in writing, of the reasons for his decision to deny a temporary license.
[Amended 3-26-1985 by Ord. No. 6-85]
A. 
A regular license may be issued to the applicant after the Commissioner of Public Affairs has an opportunity to review all of the pertinent information submitted by the applicant, together with any other relevant information that the Commissioner may receive. If a regular license is denied, the reasons for such denial shall be furnished in writing to an applicant within five days of the denial.
B. 
The Village Clerk shall, upon payment of the license fee, after approval by the Commissioner of Public Affairs of the issuance of the license, issue a license, together with a license plate, which shall be attached in a conspicuous place to the vehicle operated by the licensee. Where the license is issued to one person who has a business on foot, the Clerk shall issue an appropriate metal tag or badge, which shall be worn in a conspicuous place by the licensee or his agent, servant or employee or person designated by him to carry on his business within the Village of Ridgefield Park.
[Amended 12-22-1981 by Ord. No. 18-81]
The fees for licenses required by this article shall be as follows:
A. 
For each person pursuing his business on foot or with a vehicle propelled entirely by manual effort: $40.
B. 
For each motor-driven vehicle used by any person in the pursuit of his business: $125.
C. 
For any vehicle drawn or propelled by any means other than as in Subsection A or B: $50.
D. 
The fee for licenses issued on or subsequent to August 1 of any year shall be 1/2 of the amounts set forth above.
A. 
Licenses issued under this article shall not be transferable from applicant to another applicant.
B. 
If an applicant having a license pursuant to this article wishes to designate a new or additional employee, agent, servant or other person to carry out his or its business other than those set forth in the initial application to the Village Clerk, it shall notify the Village Clerk within five business days prior to such change and furnish the Village Clerk with all of the relevant data on the new agent, servant, employee or person designated by the applicant to carry on his business as it would in the initial application. The designation of a new employee, agent, servant or other person by the applicant to carry on his or its business within the Village of Ridgefield Park shall be subject to all the provisions of this article, except that the applicant shall only pay a fee of $5 for the designation of a new agent, servant, employee or person designated to carry on his or its business within the Village of Ridgefield Park, if the business is carried on by foot, and a fee of $15, if the business is carried on by an automotive conveyance.
C. 
In the event an applicant's employee, agent, servant or other person designated by the applicant to carry on his business shall become ill or leave the applicant's employ without five days' notice to the applicant or due to other unforeseen circumstances, the applicant shall immediately notify the Village Clerk on a business day or, on a nonbusiness day, the desk officer on duty at the Police Department. The applicant shall fill out an application for a temporary permit, which may be granted by the Village Clerk or desk officer for a period not to exceed 72 hours. A denial of such temporary permit by the Village Clerk or desk officer shall be immediately communicated to the Commissioner of Public Affairs and to the rest of the members of the Board of Commissioners within 24 hours of such denial. The applicant shall have the right to appeal the denial of a temporary permit by the Village Clerk or desk officer to the Commissioner of Public Affairs.
D. 
The desk officer or Village Clerk may refuse to issue a temporary or regular license to an applicant's new employee, agent, servant or person designated by the applicant to carry on his business within the Village, for good cause where the issuance of a license to an applicant will be detrimental to the health, welfare and safety of the inhabitants of the Village of Ridgefield Park or for any reasons set forth in § 281-23. In the event that the denial is made by the desk officer or Village Clerk to an applicant, such denial shall be immediately communicated to the Commissioner of Public Affairs and to the other members of the Board of Commissioners within 24 hours of such denial. The reason for such denial shall also be furnished to the applicant in writing within one business day.
[Amended 3-26-1985 by Ord. No. 6-85]
E. 
In the event there is a denial by the Village Clerk or the desk officer under this section, the Commissioner of Public Affairs shall, within seven business days, review the denial, conduct a hearing affording the applicant an opportunity to be heard as to why a temporary or regular license should not be granted to the applicant's new employee, agent, servant or other person designated by the applicant to carry on his business and, thereafter, issue a written decision within five business days. The reason for such denial shall also be forwarded to the applicant in writing.
[Amended 3-26-1985 by Ord. No. 6-85]
No person licensed under this article shall carry on, transact or conduct his business except between the hours of 9:00 a.m. and 6:00 p.m., prevailing time, except that, during the months of June, July, August and September, the hours shall be extended from 9:00 a.m. until 8:00 p.m.
No licensed vendor shall be permitted to carry on, transact or conduct a licensed business within 300 feet of any public or private school or within 300 feet of any store selling the same or similar product or products.
A. 
The Village Clerk, desk officer or Commissioner of Public Affairs may at any time refuse to issue a temporary or regular license to any applicant:
[Amended 3-26-1985 by Ord. No. 6-85]
(1) 
For good cause.
(2) 
Who has been convicted of violating any provisions of this article.
(3) 
Who has in his employ an employee, servant or agent, or has designated a person to carry on his business within the Village of Ridgefield Park, who has been convicted of a crime involving moral turpitude.
(4) 
Who has failed or refused to comply with the lawful demands or requirements of the Village or other public officials who have jurisdiction over the applicant, or any laws, statutes, rules or regulations promulgated under this article.
(5) 
Who will or does operate his business in such a way as to constitute such an infraction of this article or other applicable laws, statutes and regulations governing the conduct of the applicant's business that it would be detrimental to the health, welfare and safety of the inhabitants of the Village of Ridgefield Park.
B. 
If such denial is made of a temporary or regular license by the Village Clerk or desk officer, it shall forthwith be communicated in writing to the applicant and also to the Commissioner of Public Affairs, who shall, within seven business days, review the denial, afford the applicant an opportunity to be heard as to why a license should not be temporarily or permanently issued to him and, after conducting such a hearing, make a written decision within five business days. The time which the Commissioner of Public Affairs may have to review the decision of the Village Clerk, conduct a hearing and issue a written decision may be enlarged by consent of the applicant. The Commissioner of Public Affairs may, on his own, extend the time for conducting a hearing and issuing a written decision if, due to the circumstances, he cannot obtain all of the information that is necessary to determine whether an applicant should or should not be issued a temporary or regular license. Such time in which the Commissioner of Public Affairs shall conduct a public hearing and issue a written decision shall not exceed 30 days from the time an applicant has applied for a regular or temporary license.
[Amended 3-26-1985 by Ord. No. 6-85]
C. 
The decision of the Commissioner of Public Affairs to deny a temporary or regular license may be appealed by the applicant to the entire Board of Commissioners, which shall review the decision of the Commissioner of Public Affairs and any written objections filed by the applicant to the decision by the Commissioner of Public Affairs. The Board of Commissioners shall conduct an appropriate hearing before making its final decision. Such action by the Board of Commissioners shall, however, be made within two weeks from the decision of the Commissioner of Public Affairs unless the applicant requests or consents to an enlargement of the time in which the Board of Commissioners shall act.
[Amended 3-26-1985 by Ord. No. 6-85]
D. 
The Board of Commissioners may issue an oral opinion at the conclusion of the hearing, stating the reasons for its decision, which decision shall be mailed to the applicant within five business days, or in lieu of that, file a written decision with the Village Clerk within seven business days and forward it immediately to the applicant.
A. 
The Board of Commissioners may revoke or suspend a license or take other lawful action against an applicant for the violation of this article. The Village Clerk shall notify the applicant in writing of the charges against him and the date when the Board of Commissioners will conduct a hearing, which shall be at least seven days after written notice by the Village Clerk. After considering all of the evidence, the Board of Commissioners shall state in writing its decision and its reasons for it. Such a written decision shall be made within 30 days after the hearing, and the applicant shall be forwarded a copy of the decision.
B. 
At any time where the applicant's conduct is so objectionable that it is detrimental to the health, welfare and safety of the inhabitants of the Village of Ridgefield Park, the Commissioner of Public Affairs may immediately suspend the applicant's license. The applicant shall be given notice in writing, where practical, of the reasons for the suspension by the Commissioner of Public Affairs and, in any event, not more than five business days after he takes such action to suspend applicant's license. The applicant shall be afforded a hearing within 10 days after the suspension by the Board of Commissioners. The Board may issue an oral opinion at the conclusion of the hearing, stating the reasons for its decision, which decision shall be mailed to the applicant within five business days, or in lieu thereof, file a written decision with the Village Clerk within five business days and forward it immediately to the applicant.
A. 
In the event an application for license is denied, such fee shall be returned less 10% for costs to the Village in investigating and processing same.
B. 
In the event a license shall be revoked or terminated voluntarily by the applicant, there shall be no refund of any portion of the license fee.
The Commissioner of Public Affairs may promulgate from time to time, amend and supplement rules and regulations which shall provide for the administration of this article and shall prescribe the duties and rules of conduct of the applicants hereunder and shall contain such other matters as may be necessary for the carrying out of this article. The fact that the Commissioner of Public Affairs has not promulgated any rules and regulations on a particular subject shall not excuse an applicant from complying with the article or lawful demands of the Village or persons having jurisdiction over him.
Although the Commissioner of Public Affairs has been designated under this article to carry out various duties under this article, the majority of the members of the Board of Commissioners can, when necessary, designate another Commissioner to carry out these duties under the article.
In addition to the revocation or suspension of his license or any other action taken against the applicant, the applicant's conduct may also be subject to § 281-30 providing for the imposition of fines and imprisonment.
In addition to any other statutes, governmental regulations, ordinances or rules and regulations promulgated under this article, all applicants shall comply with the Health Code, State Sanitary Code and rules and regulations of the Board of Health.
A. 
Any person, firm or corporation who shall violate any of the provisions of this article shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article II, General Penalty.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
A continuance of a violation or a noncompliance with the provisions of this article shall be deemed a nuisance and the Board of Commissioners shall have the right to apply to the courts of this state for injunctive relief or other relief in addition to the penalties prescribed herein.