[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 8-19-2003 by Ord. No. 03-12. Amendments noted where
applicable.]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A person who goes from house to house on public thoroughfares
or in public places disposing of circulars, posters, pamphlets, newspapers
and other forms of advertising matter.
[Added 1-18-2011 by Ord.
No. 11-04]
A facility in which groups of transient merchants, as defined
below, band together to conduct functions commonly known as "trade
shows," "craft shows" and similar functions within the facility for
the same dates and times.[1]
An organization, person or entity possessing a tax-exempt
status, which shall be evidenced by furnishing to the Borough a tax-exempt
number provided by the State of New Jersey and/or the government of
the United States.
A person, commonly referred to as a "peddler" or "hawker"
or "itinerant merchant," who goes from place to place or house to
house by traveling on the streets and carries with him or her goods,
wares, merchandise or other things of value for the purpose of selling
and delivering them to consumers.
Any individual, firm, partnership, corporation, voluntary
association, incorporated association or agent thereof.
[Added 1-18-2011 by Ord.
No. 11-04]
A person who goes from house to house selling or buying goods,
wares, merchandise or other things of value by sample or by taking
orders for future delivery or selling a service, with or without acceptance
of an advance payment for the goods, wares, merchandise, other things
of value or service.
A person who, whether a resident of the Borough or not, engages
in a temporary business within the Borough 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, railroad boxcar or boat,
public room in hotels, lodging houses, apartments or shops, parking
lot, sidewalk, street, alley or other place within the Borough for
the exhibition and sale of such goods, wares and merchandise, either
privately or at public auction.
[1]
Editor's Note: The original definition of "mobile retail food
establishment," which immediately preceded this definition, was deleted
1-18-2011 by Ord. No. 11-04.
The purpose of this chapter is to prevent dishonest business practices, to provide for traffic and pedestrian safety by regulating the use of the streets and property adjacent thereto by itinerant or transient merchants, to prevent extended parking or trespassing on private or public property, to prevent violations of the zoning provisions of Chapter 195, Land Use and Development, of the Code of the Borough of Westwood, and, in the case of mobile food vendors, to prevent violations of the State Sanitary Code, to protect traffic and pedestrian safety and to prevent violations of the Motor Vehicle Code, and to generally provide for the safety of the residents of this community in the best interest of its welfare.
A.
This chapter shall not apply to:
(1)
Any person conducting a sale pursuant to statute or court order.
(2)
Any person soliciting a vote or support for any political candidate
or program.
(3)
Any person engaged in delivering goods, wares, merchandise or other
articles or things in the regular course of business to the premises
of a person ordering or entitled to receive the same.
(4)
Any person delivering or soliciting newspapers.
B.
The provisions of § 249-6 shall not apply to any person honorably discharged from the military, naval or marine forces of the United States possessing a license for one of the activities defined in § 249-1, issued in conformity with N.J.S.A. 45:24-10 and any amendments thereto, except that such person shall present such license to the Borough Clerk. All other provisions of this chapter shall be applicable.
C.
The provisions of § 249-6 shall not apply to any person who is an exempt member of a volunteer fire department possessing a license for one of the activities as defined in § 249-1, issued in conformity with N.J.S.A. 45:24-9b and the amendments thereto, except that such person shall present his or her license to the Borough Clerk. All other provisions of this chapter shall be applicable.
A transient merchant shall not be relieved from complying with
the provisions of this chapter merely by reason of associating temporarily
with any local dealer, trader, merchant or auctioneer or by conducting
such transient business in connection with, as part of or in the name
of any local dealer, trader, merchant or auctioneer.
It is unlawful for any transient merchant, itinerant vendor,
itinerant merchant, peddler, hawker, or solicitor to sell, buy, dispose
of or offer to sell or dispose of any goods, wares, merchandise, or
other things of value or services in or on any portion of a public
right-of-way.
[Amended 1-18-2011 by Ord. No. 11-04; 3-15-2016 by Ord. No. 16-6; 5-19-2020 by Ord. No. 20-7]
A.
It is unlawful for any transient merchant, itinerant vendor, itinerant
merchant, peddler, hawker, or solicitor to sell, buy, dispose of or
offer to sell or dispose of any goods, wares, merchandise or other
things of value or services or to solicit contributions, gifts, pledges
or subscriptions of money or goods without first obtaining a license
therefor.
B.
Any commercial and/or nonprofit organization may acquire a single
license for the sole purpose of conducting door-to-door solicitation
of the organization upon submission of a list of all dates for such
solicitation and the names and addresses of all solicitors and upon
compliance with all other terms of this chapter. The license shall
be valid until December 31 of the year of its issuance.
(1)
Door-to-door
solicitation may only be conducted from 9:00 a.m. to dusk, Monday
through Saturday.
(2)
Organizations
are limited to a total of 12 solicitors going door-to-door at one
time and to two solicitors going on to any single private property
at one time.
(3)
All
persons under the age of 18 are to be accompanied by an adult. A maximum
of two juveniles may accompany an adult in door-to-door solicitation.
C.
Separate
licenses. A separate license must be obtained by a licensed peddler
for every agent or employee working for him or her unless such agent
or employee is selling goods from the same vehicle that the licensed
peddler is selling from, but no more than two employees shall sell
from the same vehicle without a separate license.
[Amended 1-18-2011 by Ord. No. 11-04]
Any person desiring to obtain a license for the purposes heretofore
mentioned in this chapter shall apply therefor, in writing, to the
Chief of Police of the Borough on an application blank provided by
the Police Department.
[Amended 1-18-2011 by Ord. No. 11-04]
A.
When said
application is properly filled out and signed by the applicant, and
the appropriate fee is paid to the Borough Treasurer, it shall be
presented to the Chief of Police, or his or her designee, whose duty
it shall be to investigate the statements made therein. A period of
not more than three to five business days shall be allowed for such
investigation, whereupon the Chief of Police will indicate his or
her approval or disapproval upon the application.
[Amended 9-28-2021 by Ord. No. 21-22]
B.
In the
case of disapproval of an application by the Chief of Police, the
applicant may appeal to the Mayor and Council, whereupon opportunity
will be granted for hearing reasons for and against the issuance of
a permit. The decision of the Mayor and Council shall be final.
[Amended 1-18-2011 by Ord. No. 11-04; 6-19-2012 by Ord. No. 12-12]
The license fees shall be as follows:
A.
Solicitors:
$50 per person, per year, which is hereby determined to be the reasonable
cost of investigating the character and record of such solicitor.
B.
Distributors:
$50 per person, per year, which is hereby determined to be the reasonable
cost of investigating the character and record of such distributor.
C.
Peddlers:
$50 per person, per day, or $250 per person, per year. Any person
securing a license after July 1 shall pay $125 for the remainder of
the year.
[Added 1-18-2011 by Ord. No. 11-04]
A.
It shall
be the duty of the Chief of Police to issue licenses in cases where
the provisions of this chapter have been complied with. Licenses,
except daily, will expire on December 31 of each year and will be
in the form of a card bearing the name of the licensee, the purpose
for which it is issued, the date of expiration and the signature of
the Chief of Police and the Seal of the Westwood Police Department.
B.
All licenses
shall be issued on forms drawn in accordance with this chapter and
consecutively numbered.
C.
It shall
be the duty of the Chief of Police to keep a record entitled "Solicitor's,
Distributor's, Non-Profit-Making Vendor's and Peddler's Record." In
this record shall be entered the following information:
D.
It shall
be the duty of the Chief of Police to incorporate as a part of his
or her monthly report to the Commissioner of Police the number of
licenses issued and fees paid for all licenses.
[Amended 1-18-2011 by Ord. No. 11-04]
The license issued under this chapter shall be posted conspicuously
in the place of business named therein. In the event that such person
or persons applying for the license desire to do business in more
than one place within the Borough, separate licenses may be issued
for each place of business. Every person who is required to hold a
license under this chapter shall carry the same when engaged in the
business for which the license is issued, and he or she must produce
the license at the request of any official or householder of the Borough
of Westwood. 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, erasures or mutilations shall void the
license.
A.
Other than a license issued to a nonprofit organization for the purpose of conducting door-to-door solicitation, and pursuant to the provisions of § 249-6, all licenses issued under the provisions of this chapter to a nonprofit vendor, a transient merchant or a solicitor shall be valid only for a four-day period.
B.
Each additional four-day period shall be the subject of a separate
license. No applicant shall be issued more than four licenses in any
one calendar year. All other licenses issued under the provisions
of this chapter shall expire each December 31.
[Amended 1-18-2011 by Ord. No. 11-04]
The Mayor and Council may revoke any license for sufficient
cause after giving notice to the holder thereof and an opportunity
to be heard.
[Amended 9-28-2021 by Ord. No. 21-22]
The Borough Clerk shall deposit the license number with the
Chief of Police.
[Amended 1-18-2011 by Ord. No. 11-04]
[Added 6-23-2015 by Ord.
No. 15-6; amended 5-19-2020 by Ord. No. 20-7]
A.
Establishment of No-Knock List. All residents of the Borough may register their name, address and/or unit/apartment number with the Westwood Police Department to be placed on the No-Knock List, indicating that they do not want canvassers, distributors, solicitors, peddlers, transient merchants or hawkers of any sort to approach their homes and/or seek personal contact with the occupants of the registered residence. The Westwood Police Department shall provide the registration form, which shall be available during normal business hours. By registering for the No-Knock List, the resident acknowledges that the Borough police, fire, other emergency services groups, and those group enumerated in Subsection E herein, are exempt from the requirements of this section.
B.
Updating and provision of list. The Westwood Police Department shall
maintain a No-Knock List, a copy of which shall be provided to all
persons or organizations required to obtain a license or register
pursuant to this chapter. Registrants shall remain on the No-Knock
List for a period of five years from the date of registration or until
such time as they advise the Westwood Police Department, in writing,
that they wish to be removed from the list. The Westwood Police Department
shall ensure that the list is updated periodically.
C.
Registration and display of decal. Upon completion of registration
on the No-Knock List, the subscriber shall receive a decal stating
"DO NOT KNOCK; Registered on the No-Knock List with the Borough of
Westwood Police Department; VIOLATORS WILL BE PROSECUTED" which may
be displayed in a clearly visible location (e.g., front door or window
adjacent to the front door).
D.
Violations. It shall be unlawful for any canvasser, distributor, solicitor, peddler, transient merchant or hawker to approach and/or seek personal contact with the occupants of any resident if that residence is registered on the No-Knock List. Anyone violating this subsection shall, upon conviction thereof, be subject to fines and penalties in accordance with Chapter 1, General Provisions, Article III, General Penalty, of the Borough Code.
E.
Exemptions. Subsection D of this section shall not apply to candidates for political office disseminating campaign or election information, speech or literature; any bona fide and not-for-profit charitable endeavors; and any recognized not-for-profit religious organization; however, such organizations, with the exception of those enumerated in § 249-3, are still required to comply with the provisions of § 249-6 requiring licensure.
[Added 3-17-2015 by Ord.
No. 15-4; amended 5-15-2018 by Ord. No. 18-17]
Roadway charitable solicitation is prohibited in the Borough
of Westwood.
