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.
PEDDLER
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.
PERSON
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.
SOLICITOR
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.
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.
A. Every application required under this chapter shall contain the following
information:
(1) The name and permanent address of the applicant.
(2) The age, weight, and height of the applicant.
(3) A description of and the registration number of the vehicle to be
used, if any.
(4) The name and address of the employer or charitable and philanthropic
organization.
(5) 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.
(6) At least three business or character references.
(7) A list of places where the applicant has resided for a period of
three years immediately prior to making the application.
(8) 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.
B. Said application shall be accompanied by:
(1) 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.
(2) A recent photograph of the applicant taken within one year of the
date of application and whose dimensions shall be approximately passport
size.
(3) Fees, as hereinafter prescribed.
C. Investigation; approval or rejection. When said application is properly
filled out and signed by the applicant and deemed complete by the Chief
of Police and/or Police Director, the Chief of Police and/or Police
Director 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
and/or Police Director 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 and/or Police Director shall
be presented to the Borough Clerk to whom the requisite fee shall
be paid.
[Amended 3-20-2017 by Ord. No. 1541-2017]
D. 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.
E. 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.
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.
In addition to the renovation or suspension of the permit granted under this chapter, any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter
1, Article
II, General Penalty.