As used in this article, the following terms shall have the
meanings indicated:
CANVASSING
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.
TRADE SOLICITATION
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.
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.
D. Any person, peddler or solicitor violating the provisions of this section shall be subject to fines and penalties as set forth in §
361-11 and revocation of any license granted as set forth herein.
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.