[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 5-28-2020 by Ord. No. 2020-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 272, Peddling
and Soliciting, consisting of Art. 1, Peddlers and Transient Merchants,
adopted 5-13-1970 as Sec. 5-1 of the 1970 Revised General Ordinances
(Ch. 239, Art. I, of the 1992 Code), as amended; Art. II, Solicitors
and Canvassers, adopted 5-13-1970 as Sec. 5-2 of the 1970 Revised
General Ordinances (Ch. 239, Art. II, of the 1992 Code), as amended;
and Art. III, Charitable Solicitations, adopted 6-26-2014 by Ord.
No. 2014-10, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, whether a resident of Wallington or not, traveling
by foot, automotive vehicle or any means of conveyance, from place
to place, or house to house, or from street to street offering or
exposing goods or merchandise for sale, or making sales and delivering
such items. The word peddler shall include, but is not limited to,
hawker or huckster.
Any person who goes from place to place by traveling on the
streets and roads or from house to house taking or attempting to take
orders for the sale of goods, wares and merchandise or personal property
of any nature whatsoever for future delivery or for services to be
furnished or performed in the future, including orders for improvements
to real property, whether or not such person has, carries or exposes
for sale a sample of the object to be sold and whether or not he is
collecting advance payments on such sales. Additionally, it can include
a person who is not in the business is selling goods, but one who
makes surveys for research purposes, analysis, opinion polls, rating
data and any such similar work, which, by nature, involves a door-to-door
or place-to-place activity, and shall include persons going from door
to door or place to place or being in or on any public or quasi-public
areas of the Borough for the purpose of seeking contributions or donations
for any person or organization. A solicitor or canvasser shall not
include any individual or group who is solely engaging in the free
discussion and exchange of speech or ideas.
It shall be unlawful for any peddler or solicitor, as defined in § 272-1 of this chapter, to engage in such activity within the Borough of Wallington without first obtaining a license as provided herein.
Any person or firm who desires to obtain a license to engage as a peddler or solicitor as defined in § 272-1 shall apply for such license to the Borough Clerk or another official so designated by the Borough Administrator. The application will be available at the Borough of Wallington offices and online. Upon completion of the form, the Borough Clerk or another official so designated by the Borough Administrator shall verify the authenticity of the information. If in the judgment of such official further investigation is warranted, the Wallington Police Department may be used to conduct a further background search.
The Borough of Wallington shall only withhold issuance of a
license if the review of application for license contains false material
information, or if the applicant is determined to have a conviction
of a crime relating adversely to the occupation of peddling or soliciting,
which shall be determined in accordance with the provisions of N.J.S.A.
2A:168A-2.
The nonrefundable fee to be paid by each applicant at the time
of submitting an application for a license shall be as follows:
A.
For a weekly license: $75 per week. For the purpose of this chapter,
a "week" shall constitute any six consecutive days, excluding Sundays.
B.
For a monthly license: $150 per month.
C.
For a yearly license: $500 per year.
D.
With respect to a peddler or solicitor conducting his or her business
door-to-door: $20 per day for a daily license.
The following acts are hereby declared to be unlawful and/or
a nuisance and prohibited:
Licenses shall not be transferable and must be surrendered upon
expiration or upon obtaining of a renewed license.
It shall be the duty of any police officer of the Borough of
Wallington to enforce provisions of this chapter and to require any
person seen peddling or soliciting, who is not known by such officer
to be duly licensed, to produce his peddler's or solicitor's
license. Where applicable, the Health Department and Borough Administrator
should assist the Police Department in enforcing the provisions of
this chapter.
The Police Chief shall maintain a record of all licenses issued
under provision of this chapter and shall record therein all convictions
for violations of this chapter and other pertinent circumstances and
incidents reported to the Chief of Police.
Licenses issued under this chapter may be revoked by the Chief
of Police for any of the following causes:
A.
Fraud or misrepresentation in any application for permit or license.
B.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
C.
Violation of any of the provisions contained in this chapter governing
peddling and soliciting.
D.
Conviction of any crime or offense leading adversely to the occupation
of peddling and soliciting is determined according to the procedure
and based upon the consideration set forth in of this chapter.
Any veteran or exempt fireman of a volunteer fire department
holding a special license issued pursuant to N.J.S.A. 45:24-9 and
45:24-10 shall be exempt from procuring a license or paying the fee
as provided herein shall be required to comply with all other applicable
sections of this chapter shall be required to register with the Police
Chief and obtain a permit which will be issued by the Police Chief
upon proper identification and exhibition of such state license. This
shall include "boot drives" conducted by the Wallington Fire Department.
The requirements of this chapter shall not apply to the following:
A.
Any public utility or its employees, where said public utility is
subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification
badge or card issued by their employer.
B.
Any person engaged in the delivery of merchandise or other articles
or things in the regular course of business to the premise of persons
who had previously ordered the same or entitled to receive the same
by reasons of prior agreement.
The penalties for violation of this chapter shall include:
The Chief of Police shall collect, prepare and maintain a list
of addresses of those premises where the owner and/or occupant has
notified the Borough that he or she does not wish for any solicitor
or canvasser or to enter upon his or her property for solicitation
or canvassing purposes.
A.
To be included on this nonsolicitation list, residence must complete
a form which will be made available through the Borough of Wallington
and must submit the completed form to Records Department of the Police
Department.
B.
The list shall be provided to all licensees.
C.
No peddlers or solicitors shall enter upon any private property that
is included upon the nonsolicitation list.
