[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater 9-18-1984 by Ord. No. 793-84 (Chs. 108 and 191 of the 1975 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CHARITABLE AND PHILANTHROPIC
- Patriotic, religious, welfare, benevolent, educations, civil or fraternal corporations, organizations, societies and like groups.
- NON-PROFIT-MAKING VENDOR
- A person who sells or collects goods or services, the proceeds of which are devoted exclusively to the purposes of a charitable and philanthropic society on whose behalf he acts as agent.
- A person who goes from place to place, also known as a "hawker," by traveling on the street or from house to house and who carries with him goods, wares and merchandise for the purpose of selling and delivering them to consumers or buyers.
- Any individual, firm, member of firm, partnership, member of partnership, political association, church, religious denomination, corporation or any officer, director or stockholder of said corporation, or any agent of the same.
- A person who goes from house to house selling or buying goods, wares or merchandise by sample or taking orders for future delivery or selling a service to be rendered in the future, with or without accepting advance payment for the goods, wares, merchandise or services, or any person requesting, directly or indirectly, money, credit, property, financial assistance and other things of value on the representation that same will be used for a charitable and philanthropic purpose.
The purpose of this chapter is to prevent fraud, crime and dishonest business practices. All application fees are not charged as revenue, but for the purpose of covering the expenses incurred in regulation and control of licenses and permits.
It shall be unlawful for any peddler, non-profit-making vendor, solicitor or other person to sell, buy or dispose of or offer to sell or dispose of any goods, wares, merchandise or services or to contract for services to be rendered or to take or offer to take orders for any goods, wares, merchandise or services to be rendered or delivered in the future or to solicit for charitable and philanthropic purposes within the Borough of Edgewater without first obtaining a permit therefor as provided in this chapter.
No person shall distribute or cause to be distributed, in, to or upon any house, residence, apartment house or other building or any portion of the premises connected therewith, any printed matter of whatsoever kind, without a permit for that purpose first had and obtained in the manner provided for in this chapter.
No person shall distribute or cause to be distributed, in any street or public place or in or upon any motor vehicle in the Borough of Edgewater, any circular, card, pamphlet or other advertising matter whatsoever.
No person shall distribute or cause to be distributed, in any street or public place in the Borough of Edgewater, any newspaper, book, magazine or other printed matter of a noncommercial character containing matter of public interest, in any manner which will impede or interfere with the members of the general public using such street and public places for their intended purposes.
Any person desiring a permit for the purposes herein mentioned in this chapter shall file an application with the Police Department in duplicate and sworn to by the applicant.
Every application required under this chapter shall contain the following information:
The name and permanent address of the applicant.
The age, weight, and height of the applicant.
A description of and the registration number of the vehicle to be used, if any.
The name and address of the employer or charitable and philanthropic organization.
The nature of the business to be conducted and the type of merchandise to be sold or services to be solicited, or the nature of the charitable and philanthropic solicitation, or the nature of the advertising material to be distributed, as the case may be.
At least three business or character references.
A list of places where the applicant has resided for a period of three years immediately prior to making the application.
Whether the applicant has ever been convicted of a crime or as a disorderly person or of any violation of any ordinance regulating peddlers, hawkers, solicitors or canvassers, stating the date of each conviction, name of the court, violation charged in the complaint and the disposition thereof.
Said application shall be accompanied by:
A letter or written statement from the individual, firm, corporation or organization employing or authorizing the applicant to act on its behalf, certifying that the application may make such application.
A recent photograph of the applicant taken within one year of the date of application and whose dimensions shall be approximately passport size.
Fees, as hereinafter prescribed.
Investigation; approval or rejection. When said application is properly filled out and signed by the applicant and deemed complete by the Chief of Police, the Chief of Police shall investigate the statements made therein, as well as the information provided, and a period of not more than five days shall be allowed for such investigation, whereupon the Chief of Police shall approve or disapprove of the permit application. When a fee is required under this chapter, the application bearing the approval of the Chief of Police shall be presented to the Borough Clerk to whom the requisite fee shall be paid.
The fee for a permit shall be $50, and shall be valid from January 1 until December 31 of each calendar year. Each permit issued under this chapter shall expire on December 31 of the year in which the permit was issued, regardless of the date of issuance of said permit.
A permit issued under this chapter shall be nonassignable and nontransferable. Every permittee shall be required to carry the permit in his possession while engaged in the business permitted. The permittee shall produce his permit at the request of any person solicited, any Borough police officer, or any official of the Borough.
The following persons are expressly exempt from the payment of any permit fees under this chapter:
Charitable and philanthropic organizations and their authorized representatives.
Candidates for any public office and persons accompanying such candidates.
Any persons honorably discharged from the military service of the United States, or who qualify as exempt firemen or other qualified individuals, possessing a peddler's license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10.
Any person claiming an exemption pursuant to Subsection A of this section shall indicate on the application the status claimed. An exempt fireman or veteran pursuant to N.J.S.A. 45:24-9 and 45:24-10 shall exhibit to the Chief of Police or officer in charge a copy of the license issued by the Clerk of the County pursuant to N.J.S.A. 45:24-10.
Permits issued under this chapter may be revoked by the Chief of Police, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement in application for the license.
Fraud, misrepresentation or false statement in the course of carrying on the permitted business, advertising or solicitation in the Borough.
Any violation of this chapter.
Conviction of any crime involving moral turpitude or of a violation of any ordinance concerning peddling, hawking, soliciting or canvassing.
Conducting the permitted business, advertising or solicitation in the Borough in an unlawful manner or in such a manner as to constitute a detriment to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be given personally or mailed to the permittee at his last known address at least five days prior to the date set for such hearing.
Such permit may, pending revocation proceedings, be suspended for not more than 10 days by the Chief of Police if, in his opinion, the conduct of the permittee is detrimental to the health, safety or welfare of the Borough.
No peddling, advertising or soliciting activities shall be conducted before 10:00 a.m. or later than 9:00 p.m. on any day.
Residents of the Borough of Edgewater who shall prefer not to have printed matter delivered to their homes or to have solicitors or peddlers call may notify the Police Department to that effect, and thereafter lists of the addresses of such persons shall be furnished to applicants for permits under this chapter, and to that extent permits issued hereunder shall be restricted.
The provisions of this chapter shall not affect any person calling at or distributing printed matter to any premises at the previous request of the occupant thereof.
No person or persons shall paint, post or cause to be painted or posted any notice or advertisement on the public streets, highways or public places of the Borough or upon private property within the Borough without the consent of the owners thereof.
All persons desiring to temporarily post advertisements, posters, placards, signs or similar objects upon or in close proximity to the public streets or sidewalks in the Borough of Edgewater shall first obtain a permit to do so from the Borough Clerk, and shall post with the Borough Clerk cash money for a bond in the amount of $50 to ensure the timely and proper removal of all such advertisements, posters, placards, signs or similar objects and to defer any cost to the Borough of Edgewater in maintaining or cleaning its streets or sidewalks by virtue of the improper removal of said objects.
All advertisements, posters, placards, signs or similar objects which are posted in connection with a particular event or election shall be removed within 30 days after the completion of said event or election or said $50 shall be automatically forfeited to the Borough.