[HISTORY: Adopted by the Town Council of the Town of Newton as indicated in article histories. Amendments noted where applicable.]
Article I Peddlers, Hawkers and Vendors
Article II Solicitors and Canvassers
[Adopted 4-23-2007 by Ord. No. 2007-10]
As used in this article, the following terms shall have the meanings indicated:
- Includes any person, whether a resident of the Town or not, whether stationary or traveling on foot or by automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, and carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit ices, soda water, garden farm products or provisions and offering or exposing the same for sale, or making sales and delivering articles to purchasers. The word "peddler" shall include the words "hawker," "huckster" and "vendor."
It shall be unlawful for any person to engage in business as a peddler within the corporate limits of the Town without first obtaining a written license. Proof of a New Jersey business registration and New Jersey sales tax certificate is required for issuance of a license.
The license fees under this article shall be as set forth in § 100-2A.
The licensee shall operate at such places or on such streets as may be designated by the Chief of Police but shall have no exclusive right to any location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For stationary peddling, permission must be granted from the property owner and the location must be in conformance with existing zoning laws.
No person shall sell, offer for sale, hawk or peddle any of the items listed in § 206-1 before 8:00 a.m. or after 5:00 p.m. or on Sundays or holidays. No person shall be granted a license more than once every six months, and posting of signs is prohibited for stationary peddling.
It shall be the duty of any police officer of the Town to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's license as well as a New Jersey business registration certificate and New Jersey sales tax certificate (if applicable), and then to enforce the provisions of this article against any person found to be violating the same.
This article shall not apply to:
The delivery of milk, eggs, bread, newspapers or such other necessary and perishable articles of food or merchandise of the type commonly delivered on a house-to-house basis at intervals of less than one week.
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9, who shall be exempt from application for a license but shall be required to comply with all other applicable regulations.
The hawking or peddling of any of the articles set forth in this article by any service organization, charitable organization, lodge, veterans' organization, firemen's organization, religious organization of any kind, Boy Scouts, Girl Scouts, YMCA, YWCA and any and all other youth organizations or any of their auxiliaries.
The equipment used or employed by peddlers of ice cream, foods, beverages, confections and other related commodities shall be inspected by the Board of Health or its authorized agents. Any violation found which is not immediately corrected shall be grounds for revocation of the license.
No person licensed under this article shall stop a vehicle on any street in the Town in front of a mercantile establishment for the purpose of selling from such vehicle goods, wares or merchandise, and no such person shall stop a vehicle on any street in the Town for the purpose of selling from such vehicle any goods, wares or merchandise without having first obtained permission from a police officer to do so.
Any person violating the provisions of this article shall be punishable as provided in Chapter 1, Article III, General Penalty.
[Adopted 11-26-2007 by Ord. No. 2007-27]
As used in this article, the following terms shall have the meanings indicated:
- SOLICIT and CANVASS
- The act of traveling from house to house, business to business and/or street to street for one or more of the following purposes: selling, taking orders for, contracting or negotiating for goods, wares, merchandise and/or services; taking a poll or survey; seeking monetary donations or contributions; distributing literature or gifts; and/or delivering messages, proselytizing or recruiting.
- SOLICITOR or CANVASSER
- Any person and/or entity engaging in the act of "soliciting" or "canvassing."
It shall be unlawful to solicit or canvass in the Town of Newton without first obtaining a license from the Town of Newton. In order to apply for said license, an application must be submitted containing the information required below. No license shall be valid for more than 90 consecutive days. The fee for said license shall be as set forth in § 100-2B.
Upon issuance of a license and payment of the required fee, the Clerk shall issue to each licensed solicitor or canvasser, together with the license: a badge issued by the Clerk on which shall be written "Licensed Solicitor," the name of the solicitor or canvasser, the license number, the period for which the license is valid, the name of the entity, business or cause for which the individual is soliciting or canvassing. It shall be unlawful for a person to solicit or canvass in the Town of Newton without clearly and conspicuously displaying said badge on the front of the outer garment during soliciting or canvassing.
It shall be unlawful to solicit or canvass at any time other than between the hours of 9:00 a.m. and 8:00 p.m.
It shall be unlawful to solicit or canvass at a house or business clearly displaying a sign prohibiting solicitations.
It shall be unlawful to solicit or canvass in any manner that is not polite, professional and courteous.
The Clerk shall provide each person or entity seeking to solicit or canvass with an application form. The application shall require the following information: name and address of entity; name, address and date and place of birth of each person who will be soliciting or canvassing. For every solicitor or canvasser that seeks to conduct business during soliciting or canvassing or who seeks to sell, take orders for, contract or negotiate for goods, wares, merchandise and/or services, the application shall also require that the solicitor or canvasser provide a New Jersey business registration certificate and New Jersey sales tax certificate. Upon the Clerk's satisfaction with and verification of the information set forth on the application, and upon the payment of the fees set forth below, a license shall be issued.
The regulations set forth in this article shall not apply to:
Soliciting or canvassing conducted by an established charitable, philanthropic or religious organization among its own members or during the regular assembly or meeting of such organization at such regular assembly place;
Distribution of campaign literature or handbills on behalf of a candidate for public office;
Newton Board of Education;
Newton volunteer firefighters or other municipal affiliations;
Newton First-Aid Squad; or
Newton-based service organizations such as Rotary, etc.
This article is designed to allow ample opportunity for solicitors and canvassers to access the homes and businesses and streets of the Town of Newton without regard to the content of such solicitation or canvass. The narrowly tailored restrictions as to time and manner are intended to protect the important government interests of protecting homes and businesses from disturbance at inconvenient hours and to ensure civil behavior by solicitors and canvassers, all in the effort to safeguard privacy and protect public health and welfare. The additional application requirements for solicitors or canvassers doing business are designed to protect the public from illegal sales activity. The exemptions are intended to ensure that this article does not trespass upon religious practices or upon the daily, bureaucratic work of charities and philanthropies or upon the exercise of political speech in campaigning.