[Amended 3-9-2004 by Ord. No. 04-02; 8-27-2013 by Ord. No. 2013-11]
For the purposes of this chapter, the following terms shall
have the meanings indicated:
CANVASSER
Any person who goes from door to door, or from place to place,
by traveling on the streets and roads, or stands within the streets
and roads or public rights-of-way, for the purpose of obtaining the
views of any person upon any economic or social question or project,
or for the purpose of distributing literature, leaflets, pamphlets,
advertisements, circulars, samples, door hangers, or other written
material for the purposes of information and/or advertising.
[Added 5-8-2018 by Ord.
No. 2018-04]
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic, political, or religious
group, association or corporation which solicits and collects contributions
for charitable purposes.
COMMERCIAL PURPOSES
Action taken for the purpose of selling goods, services or
wares, or advertising goods, services or wares with an intent of profit
making. However, no peddling, canvassing or soliciting by nonprofit
or charitable organizations, or political organizations, shall be
considered a commercial purpose.
[Added 5-8-2018 by Ord.
No. 2018-04]
CONTRIBUTION
The promise or grant of any money or property of any kind
or value.
PEDDLER
Any person who goes from place to place by traveling on the
streets and roads or from house to house carrying, conveying or transporting
goods, wares or merchandise for the purpose of selling and delivering
them to customers.
PERSON
Includes any person, firm or corporation, association, club,
partnership, society or any other organization.
SOLICITOR
Any person, commonly referred to as a "solicitor," who goes
in or upon private property for the purpose of advertising; promoting;
advocacy; education; handbill distribution; canvassing; or conducting
market research or a market or opinion survey regarding products or
services.
[Amended 5-8-2018 by Ord.
No. 2018-04]
TRANSIENT MERCHANT
A person who engages in a temporary business of selling and
delivering goods, wares, merchandise or services within the Borough
and who, in furtherance of such purpose, hires, leases, uses or occupies
any building, structure, motor vehicle, tent, parking lot, sidewalk,
street, alley or other place within the Borough for the exhibition
and sale of such goods, wares or merchandise, either privately or
at public auction.
[Amended 8-27-2013 by Ord. No. 2013-11]
The purpose of this chapter is to prevent unauthorized business
practices, to provide for traffic and pedestrian safety by regulating
the use of the streets and property adjacent thereto by persons within
the scope of this chapter, to prevent extended parking or trespassing
on private or public property, to prevent violations of the Borough's
Zoning Ordinance, and to generally provide for the safety of the residents
of the Borough of Raritan.
[Amended 8-27-2013 by Ord. No. 2013-11; 5-8-2018 by Ord. No. 2018-04]
Any person desiring to peddle, solicit or canvass for a commercial
purpose within the Borough must apply for and receive, prior to such
activity taking place, a commercial peddling, soliciting or canvassing
license from the Borough Clerk as provided within this chapter.
[Amended 3-9-2004 by Ord. No. 04-02; 8-27-2013 by Ord. No. 2013-11]
A. This chapter shall not apply to:
(1) Any person conducting a sale pursuant to statute or court order;
(2) Any person engaged in delivering goods, wares, merchandise or other
articles or things previously ordered or requested;
(3) Any person delivering or soliciting newspapers; and
(4) Anyone canvassing for or against any political candidate or any political
question, where such canvassing takes place not more than 60 days
prior to a municipal, county, state or federal election.
B. The following persons are exempt from license fees and license application
requirements upon providing documentation to support their claim for
exemption and the name and address of the designated representative
to be responsible for the supervision of any public solicitation by
the following persons to the Borough Clerk:
(1) Any person soliciting votes or support for any political candidate
or program;
(2) Any person soliciting on behalf of a charitable organization;
(3) Any person honorably discharged from the military services of the
United States, possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10.
[Amended 3-9-2004 by Ord. No. 04-02; 8-27-2013 by Ord. No. 2013-11]
A. All license fees under this chapter shall be nonrefundable and payable
at the time of issuance of the license. The fees for licenses shall
be as set forth below.
B. Term of license; fee:
(2) Thirty-day license: $100.
(3) Daily license: $25. The applicant shall advise the Borough Clerk
upon application for a daily license as to the number of days the
applicant seeks the license at the daily fee rate.
The Borough shall issue to each licensee at the time of the
licensing a permit which shall contain the words: "Licensed by the
Borough of Raritan." Such license as issued under this chapter shall
be posted conspicuously in the place of business named therein. In
the event such person or persons applying for the license desire to
do business in more than one place within the Borough, separate licenses
must be issued for each place or business. Every person who is required
to hold a license under this chapter shall carry the same when engaged
in a business for which the license is issued. In addition, each licensee
shall be required to have on his or her person a full and complete
copy of the application for the license. Any alterations, ensures
or mutilations shall void the license.
[Amended 8-27-2013 by Ord. No. 2013-11]
No person shall enter upon private property for the purposes
of peddling, solicitation or canvassing during the hours of 7:00 p.m.
to 9:00 a.m.
[Amended 5-8-2018 by Ord.
No. 2018-04]
A. No permit holder shall solicit, canvass or peddle upon premises whereupon
a sign is posted which indicates that the permit holder or such permit
holder's activities are not welcome. Such a sign may, but is
not required to, state, "no peddlers, solicitors and canvassers allowed".
B. License holders shall not walk upon front yards or back yards to
move from property to property or building to building unless invited
to do so by the property owner.
C. No license holder shall enter or attempt to enter a house or apartment
or other residence of any resident of the Borough without an express
invitation from an occupant thereof.
D. All literature, leaflets, pamphlets, advertisements, circulars, samples,
door hangers, or other written material being canvassed or peddled
shall be handed to an occupant of the property or left in a secure
place thereon.
E. No license granted under this chapter, nor any exemption from the requirements of this chapter, shall relieve any person of the standards or requirements of Chapter
207, Land Use and Development, Part
6, Zoning.
[Amended 8-27-2013 by Ord. No. 2013-11]
It shall be unlawful for any licensee under this chapter to
transfer, sell, share or give a license obtained under this chapter
to any other person. A license obtained under this chapter is not
transferable and shall be surrendered after expiration before a renewal
license can be issued.
[Amended 10-23-2012 by Ord. No. 12-14]
Any person violating any provision of this chapter shall, upon
conviction thereof, be punished by a fine not to exceed $2,000, imprisonment
for a period not exceeding 90 days and/or a period of community service
not exceeding 90 days.