[HISTORY: Adopted by the Mayor and Council
of the Borough of Harrington Park as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Fines and penalties — See Ch.
164.
[Adopted 9-16-1963 by Ord. No. 199 (Ch.
24 of the 1967 Code)]
[Amended 11-16-1987 by Ord. No. 376]
As used in this article, the following terms
shall have the meanings indicated:
LICENSEE
A peddler, hawker, vendor, transient merchant, canvasser,
solicitor, poll taker or survey taker, which, as used herein, shall
include any person who:
A.
For himself/herself or for another person, firm,
corporation or partnership travels by foot, wagon, motor truck, motor
vehicle or any other type of conveyance from place to place, house
to house or street to street within the Borough, and within the Borough
either:
(1)
Takes a poll or survey or asks questions for
such purpose;
(2)
Campaigns for votes, asserts political, religious,
social or economic policies or solicits funds for political, religious,
social or economic interests or objectives; or
(3)
Carries, conveys or transports, and sells, distributes,
attempts to sell or distribute, or takes orders for the sale of, goods,
wares, dry goods, merchandise, meats, fish, vegetables, fruits, garden
truck farm products, newspapers, periodicals, advertisements, handbills
or personal property of any nature whatsoever or services, including
home improvements, whether for present or future delivery or performance,
and whether or not such person has, carries or exposes for sale a
sample of the subject or collects advance payments on such sales;
and
B.
For himself or for another person, firm, corporation
or partnership hires, leases, uses or occupies any building, structure,
tent, hotel room, lodging house, apartment or any other place within
the Borough for the purpose of exhibiting samples and taking orders
for future delivery.
PERSON
Includes the singular and plural and shall also mean and
include any person, firm, corporation or partnership.
[Amended 11-16-1987 by Ord. No. 376]
It shall be unlawful for any licensee, as hereinabove
defined, to engage in such activity within the Borough of Harrington
Park without first obtaining a license therefor, in accordance with
the provisions of this article.
[Amended 11-16-1987 by Ord. No. 376]
Applications shall contain the following information:
A. Name and address of the applicant.
B. Description of the applicant.
C. Name and address of the firm represented by the applicant,
together with credentials establishing the exact relationship with
the firm.
D. A brief description of the nature of the business
and the goods and/or services to be sold. In case of products of a
farm or orchard, a statement as to whether the same are produced or
grown by the applicant.
E. If a vehicle is to be used, a description of the same,
together with its license number.
F. Certifications by at least two property owners, who
reside in the County of Bergen, as to the applicant's good character
and business responsibility or, in lieu of such certifications, such
other available evidence of good character and business responsibility
of the applicant as will enable the Police Department to properly
investigate such character and business responsibility.
[Amended 4-18-2011 by Ord. No. 658]
G. A statement as to whether or not the applicant has ever been convicted
of any crime, other than traffic regulations, and the nature of the
offense.
[Amended 7-9-2018 by Ord.
No. 726]
H. Two photographs showing the applicant's face, of a
minimum size of 1 1/2 inches by 1 1/2 inches, said photographs
to be not over one year old. Said photographs shall be affixed to
the application.
I. If funds are to be solicited, a detailed description
of the entity, and/or organization upon whose behalf these funds are
to be solicited, setting forth the name and address of the same and
the name and address of the chief executive officer of the same.
[Amended 11-16-1987 by Ord. No. 376]
A. Upon receipt of an application by an applicant seeking to solicit,
canvass, poll-take and/or survey-take or for any reason regulated
under this article or for any purpose, the Police Department shall,
for the protection of the public welfare, investigate the applicant's
business and moral character.
[Amended 7-9-2018 by Ord.
No. 726]
B. Upon receipt of an application by any applicant for a license under
this article, the Police Department shall, for the protection of the
public welfare, investigate his/her business and moral character.
[Amended 7-9-2018 by Ord.
No. 726]
C. If, as a result of the above investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Police Department shall issue a license, but in no case less than
10 days from the date of the filing of the application form. Such
license shall contain the signature of the applicant and the seal
of the issuing officer and shall show the name, address and photograph
of said licensee and, if goods or services are to be sold, the kind
of goods or services to be sold. A permanent record of all licenses
issued shall be kept by the Police Department. The Police Department
shall, at least once a month, report to the Mayor and Council the
number of licenses issued, with a breakdown showing the kind of license
issued.
[Amended 11-20-2017 by Ord. No. 719]
The annual license fee for all commercial entities
shall be $25, with said license being good from January 1 through
December 31 of the same year.
[Amended 7-2-1984 by Ord. No. 348; 11-16-1987 by Ord. No.
376]
A. Any person who is licensed to solicit, canvass, poll-take, survey-take
or for any reason under this article shall do so only between the
hours of 10:00 a.m. and 9:00 p.m.
[Amended 7-9-2018 by Ord.
No. 726]
C. No person shall engage in any activity licensed under
this article, either for trade or nontrade purposes, on Sundays or
holidays.
D. All persons who are licensed under this article shall
carry upon their person a copy of said license which shall be exhibited
to any police officer or any other person in the Borough at his/her
request.
E. All persons who are licensed under this article shall
be courteous to all persons while engaged in such licensed activity,
shall obey signs posted by individual residents which indicate, in
any way, that such licensees are not welcome, shall not importune
or annoy any of the residents of the Borough and shall conduct themselves
in a lawful manner at all times.
No license issued under the provisions of this
article shall be used at any time by any person other than the one
to whom it was issued.
The equipment used or employed by peddlers,
barkers and vendors of ice cream, food, beverages, confections and
other related commodities shall be maintained in a clean and sanitary
manner and be subject to the inspection of the Board of Health or
its authorized agent.
[Amended 11-16-1987 by Ord. No. 376]
A licensee shall not have any exclusive right
to any one place upon any sidewalk or any street and shall not be
permitted to operate in any congested area where his/her operation
might impede or inconvenience the public. For the purpose of this
article, the judgment of a police officer, exercised in good faith,
shall be deemed conclusive as to whether the area is congested or
the public impeded or inconvenienced.
[Amended 7-2-1984 by Ord. No. 348]
A. This article shall not be construed to apply to the
selling of any article at wholesale to dealers in such articles, or
the delivery of milk, eggs, bread, newspapers or such other necessary
and perishable articles of food or merchandise of a type commonly
delivered on a house-to-house basis at intervals of less than one
week, or to the selling of products actually grown by the seller,
but the foregoing shall be subject to any and all regulations, statutes
and ordinances concerning food handling and food handlers and all
other applicable ordinances, regulations and statutes of the Borough
or state.
[Amended 11-16-1987 by Ord. No. 376]
B. This article shall be inapplicable to federal census
takers and polls or surveys taken pursuant to federal, state or local
law.
C. Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9, as may be supplemented and amended, shall be exempt from the fee requirements of §
237-5 of this article but shall be required to comply with all other applicable sections of this article.
D. The Police Department shall issue a special permit,
without charge, for a specified period, to any non-profit-making religious,
charitable, civic, political or veteran organizations, service clubs,
or volunteer fire or first aid companies desiring to solicit, or have
solicited in its name, money, donations or financial assistance of
any kind or desiring to sell or distribute any item of literature
or merchandise for which a fee is or is not charged, provided that
there is filed with the Police Department a sworn application, in
writing, containing the following information:
[Amended 11-16-1987 by Ord. No. 376]
(1) The name and address of the organization.
(2) The purpose for which the special permit is requested.
(3) The names and addresses of the officers and directors
of the organization.
(4) The period during which solicitation is to be carried
on, and further provided that the Police Department is satisfied that
such person, organization or association is bona fide.
A. Licenses issued under this article may be revoked
by the Police Department for any of the following causes:
(1) Misrepresentation or false statement contained in
the application.
(2) Misrepresentation or false statement made in the course
of carrying on activities herein.
(3) Conviction of any crime or misdemeanor involving moral
turpitude.
(4) Conducting the licensed business in an unlawful manner,
in violation of this article or in such a manner as to cause a breach
of the peace, to create a nuisance or to constitute a menace to the
health, safety or general welfare of the public.
B. All persons whose licenses have been revoked or denied
shall have the right of appeal to the Mayor and Council by requesting
a hearing in writing to the Borough Clerk within 10 days of the revocation.
The Mayor and Council shall, within 30 days after receipt of the request,
hold a hearing. At the conclusion of said hearing, the Mayor and Council
shall affirm, or order the Police Department to set aside, the revocation
or denial of the license. The decision of the Mayor and Council on
such appeal shall be final and conclusive.
[Amended 4-18-2011 by Ord. No. 658]
Any person violating any of the provisions of this article shall, upon conviction thereof, be punished as set forth in Chapter
164, Fines and Penalties.
[Adopted 11-17-2008 by Ord. No. 633]
[Amended 7-9-2018 by Ord.
No. 726]
All persons regulated by this chapter shall only conduct their
canvassing/solicitation within the Borough within the hours of 10:00
a.m. and 9:00 p.m.
[Amended 4-18-2011 by Ord. No. 658; 7-9-2018 by Ord. No. 726
All persons to which this chapter applies shall not conduct
any canvassing/solicitation within the Borough at any premises that
has a visible "no knock" sign on their property or who has registered
with the Harrington Park Police Department as a property to which
no canvassing/solicitation shall occur (the "No-Knock list").
[Amended 4-18-2011 by Ord. No. 658; 7-9-2018 by Ord. No. 726
Any group or individual regulated by this chapter shall not
within the Borough disturb residents who have registered their names
on a No-Knock list maintained by the Harrington Park Police Department.
It is the responsibility of all such individuals/groups to obtain
a copy of said No-Knock list from the Clerk of the Borough prior to
conducting any operations pursuant to this chapter and to honor the
privacy of those listed.
[Amended 4-18-2011 by Ord. No. 658]
Any person, group or organization violating the provisions of this article shall be liable to a maximum penalty at the discretion of the Judge of the Municipal Court of the Borough as set forth in Chapter
164, Fines and Penalties.