Borough of Harrington Park, NJ Peddling and Soliciting

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

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.

SOLICIT, CANVASS, POLL-TAKE AND/OR SURVEY-TAKE FOR TRADE PURPOSES

To solicit, canvass, poll-take and/or survey-take for profit-making purposes.

§ 237-2 License required.

[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.

§ 237-3 Application for license.

[Amended 11-16-1987 by Ord. No. 376]

Applications shall contain the following information:

Name and address of the applicant.

Description of the applicant.

Name and address of the firm represented by the applicant, together with credentials establishing the exact relationship with the firm.

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.

If a vehicle is to be used, a description of the same, together with its license number.

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]

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]

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.

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.

§ 237-4 Investigation; records required.

[Amended 11-16-1987 by Ord. No. 376]

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]

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]

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.

§ 237-5 Fee; expiration date.

[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.

§ 237-6 Hours restricted; conduct; exhibition of permit.

[Amended 7-2-1984 by Ord. No. 348; 11-16-1987 by Ord. No. 376]

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[1]]

[1]

Editor's Note: This ordinance also repealed former Subsection B, regarding hours for licensed activity, which immediately followed this subsection.

(Reserved)

No person shall engage in any activity licensed under this article, either for trade or nontrade purposes, on Sundays or holidays.

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.

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.

§ 237-7 Nontransferability.

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.

§ 237-8 Maintenance and inspection of equipment.

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.

§ 237-9 Use of streets.

[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.

§ 237-10 Exceptions.

[Amended 7-2-1984 by Ord. No. 348]

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]

This article shall be inapplicable to federal census takers and polls or surveys taken pursuant to federal, state or local law.

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.

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.[1]

[1]

Former Subsection E, regarding hours and requirements for nontrade licensed activity, as amended 11-16-1987 by Ord. No. 376, which immediately followed this subsection, was repealed 7-9-2018 by Ord. No. 726.

§ 237-11 Revocation.

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.

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.

§ 237-12 Violations and penalties.

[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.[1]

[1]

Editor's Note: Original § 24-16, Applicability, which immediately followed this section, was repealed 4-18-2011 by Ord. No. 658.

Article II No-Knock List

[Adopted 11-17-2008 by Ord. No. 633]

§ 237-13 Hours.

[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.

§ 237-14 No-knock signs.

[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").

§ 237-15 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.

§ 237-16 Violations and penalties.

[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.