As used in this article, the following terms shall have the
meanings indicated:
The practice of going from house to house or business to
business for the purpose of distribution of literature, pamphlets,
handbills and the like for the purpose of distributing information
or seeking support for a cause, specifically including but not limited
to political campaigning, circulation of a petition and the seeking
of contributions for a cause.
The practice of going from house to house for the purpose
of seeking orders, subscriptions or the purchase of any goods, wares
or merchandise, including but not limited to direct sales and taking
orders for future deliveries. The term "peddler" and "solicitor,"
as commonly understood, are included within this definition.
No person shall engage in trade solicitation without obtaining
a license therefor from the Hawthorne Police Department. The procedure
for obtaining a license shall be as set forth in this article.
A.
The applicant shall submit to the Hawthorne Police Department, through
the Chief of Police or his designee, a completed trade solicitor's
license application form. Such forms shall be kept on file by the
Police Department and shall be made available upon request.
B.
The trade solicitor's license application form shall contain space
for the following information:
(1)
The applicant's full name, place and date of birth and social security
number.
(2)
The applicant's permanent home address and the applicant's addresses
for the past three years.
(3)
The organization or company, if any, upon whose behalf solicitation
is being conducted and its address, including verification of such,
which may be satisfied by submission of a letter to that effect upon
company letterhead.
(4)
A description of any vehicle to be used and its license plate number.
(5)
The route planned to be taken by the solicitor and a corresponding
list of days the person will be soliciting along that route.
(6)
A statement as to whether or not the person has ever been convicted
of a crime, disorderly persons offense, misdemeanor or violation of
municipal ordinance, the nature of the offense and the penalty imposed
therefor.
(7)
The name and address of two New Jersey residents as references who
will certify as to the good character and business responsibility
of the applicant.
(8)
A list of the last five municipalities in which the applicant has
conducted trade solicitations.
(9)
Proof of a current New Jersey sales tax identification number.
(10)
A copy of a food handler's license issued by the Board of Health
of the Borough of Hawthorne.
C.
The Chief of Police or his designee shall conduct an investigation
of the applicant. Upon completion of the investigation, the Chief
of Police may refuse to issue a trade solicitation license, setting
forth, in writing, his reasons for the same. Notice of such refusal
shall be submitted to the applicant. The refusal to issue a license
shall be based upon one or more of the following reasons:
[Amended 6-5-2019 by Ord.
No. 2234-19]
(1)
The
location or time of the activities described in the application would
endanger the safety or welfare of the applicant or its customers.
(2)
The
investigation reveals that the applicant falsified information on
its application.
(3)
The
applicant has been convicted of a felony, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances
or any violent acts against persons or property.
(4)
The
applicant is a person against whom a judgment based upon, or conviction
for, fraud, deceit or misrepresentation has been entered within the
last five years immediately preceding the date of application.
D.
The Chief of Police shall either grant or deny issuance of a license within 20 days after submission of a completed solicitor's license application. The Police Department shall issue a license to the applicant upon receipt of approval of same by the Chief of Police and upon receipt of payment of a fee as provided in Chapter 220, Fees, of the Code of the Borough of Hawthorne. The applicant shall obtain an 105 identification card from the Police Department and shall wear it at all times while soliciting. If the applicant is dissatisfied with the decision of the Chief of Police, he may appeal that decision for the Municipal Council by requesting a hearing, in writing, and filing the request with the Police Department. Said hearing shall be scheduled by the Council and shall be conducted within 14 days of the receipt of said request by the Police Department, if there is a regularly scheduled Council meeting scheduled to be held within 14 days. If there is no meeting scheduled to be held within 14 days, then the hearing must occur no later than the next regularly scheduled Council meeting. After the hearing, the Council shall, by majority vote, either affirm or overrule the decision of the Chief of Police. If the decision is affirmed, no license shall be issued. If the decision is overruled, the Police Department shall immediately cause said license to be issued.
E.
Revocation of license; appeal.
(1)
The license issued to any person may be revoked at any time by the
Chief of Police if:
(a)
Any section of this chapter is violated.
(b)
The holder of such license is convicted of any crime.
(c)
The holder of such license conducts himself/herself so as to
create a public disturbance.
(d)
The holder of such license is guilty of fraudulent acts.
(e)
The holder of such license has or establishes a record of continual
breaches of solicited contracts.
(f)
The holder of such license conducts business in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
(g)
The holder of such license is guilty of fraud, misrepresentation
or false statements in license application.
(2)
The holder of any license to be revoked shall be notified, in writing,
by the Chief of Police of the revocation and the reasons therefor.
If the holder of any license so revoked is dissatisfied with the decision
of the Chief of Police, he/she may appeal the decision to the Municipal
Council by requesting, in writing, a hearing. Such request must be
filed with the Borough Clerk. The Council shall conduct said hearing
within 14 days of the filing of the request.
(3)
The Council shall, by majority vote, either affirm or override the
revocation by the Chief of Police.
The following persons shall not be subjected to the licensing
requirements of this article:
A.
Any veteran of the United States Armed Forces or exempt fireman who
has obtained a license from the Clerk of Passaic County pursuant to
N.J.S.A. 45:24-9 et seq.; provided, however, that such person shall
obtain an identification card form the Hawthorne Police Department,
which card shall be provided without charge.
B.
Any public utility or its employees, where said public utility is
subject to regulation by the New Jersey Board of Regulatory Commissioners.
Every canvasser or trade solicitor shall restrict his/her door-to-door
activities to the hours between 9:00 a.m. and 9:00 p.m.
This article shall not apply to anyone distributing literature,
handbills, pamphlets and the like from person to person in any public
forum, such as a public park or sidewalk, but nothing in this article
shall be construed to have any effect upon enforcement by the police
of traffic laws or other laws in the event that there is a violation
of any such laws.
[Amended 10-2-2019 by Ord. No. 2238-19]
A.
Any owner
or occupant of real property within the Borough of Hawthorne who refuses
to be solicited pursuant to this chapter may enroll in the Borough’s
"no knock" registry by completing the application for "no knock" registration
through the Borough of Hawthorne Police Department Records Clerk.
B.
No person,
peddler or solicitor, as defined herein, engaged in trade solicitation,
shall sell, buy or dispose of or offer to sell, buy or dispose of
any goods, wares, merchandise, other personal property or services
to be rendered in the future, or take orders for any goods, wares,
merchandise, other personal property or services to be rendered in
the future, or to solicit business from any owner or occupant whose
name and property address is included on the "no knock" registry maintained
by the Hawthorne Police Department.
C.
The following
are exempt from the limitations of this section:
(1)
Persons
specifically invited to a premises by a person having authority to
do so including the delivery of goods by order previously made.
(2)
Persons
engaged in canvassing, as defined herein, or soliciting for civic,
religious, charitable, or political purposes, or on behalf of an educational,
recreational, cultural, scientific or similar nonprofit organization.
No operator of a temporary, stationary or mobile stand or cart
shall park or stop same within the width of the right-of-way of a
public street within the Borough.
Licenses shall not be transferable and must be surrendered after
expiration. Licenses shall be valid for a period of one year from
the date of issuance.
Any person who violates any provision of this article shall,
upon conviction thereof, be punishable by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
