[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:
Patriotic, religious, welfare, benevolent, educations, civil
or fraternal corporations, organizations, societies and like groups.
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.
A.
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.
B.
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.
C.
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.
D.
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.
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.
A.
The following persons are expressly exempt from the payment of any
permit fees under this chapter:
(1)
Non-profit-making vendors.
(2)
Charitable and philanthropic organizations and their authorized representatives.
(3)
Candidates for any public office and persons accompanying such candidates.
(4)
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.
B.
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 and/or Police Director 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.
[Amended 3-20-2017 by Ord. No. 1541-2017]
A.
Permits issued under this chapter may be revoked by the Chief
of Police and/or Police Director, after notice and hearing,
for any of the following causes:
[Amended 3-20-2017 by Ord. No. 1541-2017]
(1)
Fraud, misrepresentation or false statement in application for the
license.
(2)
Fraud, misrepresentation or false statement in the course of carrying
on the permitted business, advertising or solicitation in the Borough.
(3)
Any violation of this chapter.
(4)
Conviction of any crime involving moral turpitude or of a violation
of any ordinance concerning peddling, hawking, soliciting or canvassing.
(5)
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.
B.
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.
C.
Such permit may, pending revocation proceedings, be suspended for
not more than 10 days by the Chief of Police and/or Police
Director if, in his opinion, the conduct of the permittee
is detrimental to the health, safety or welfare of the Borough.
[Amended 3-20-2017 by Ord. No. 1541-2017]
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.
