[HISTORY: Adopted by the Mayor and Council of the Borough of Bellmawr as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-16-1972 by Ord. No. 4-72 as Ch. 70, Art. III, and § 70-40 of Art. VI of the 1972 Code]
[Amended 7-25-1996 by Ord. No. 6:13-96]
It shall be unlawful for any person to hawk, peddle or vend upon the lands, streets or sidewalks of the Borough of Bellmawr any merchandise, goods, services or articles of any description, or operate any vendor's cart, wagon, automobile or other vehicle, without first obtaining a license from the Borough Clerk; provided, however, that any veteran or exempt fireman holding a special license pursuant to N.J.S.A. 45:24-9 or 45:24-10 shall be exempt from procuring a license or paying the fee as provided for the same but shall be required to comply with all other applicable sections of this article and shall be required to register with the Borough Clerk and exhibit a proper current special license as defined above and provide a valid New Jersey sales tax number.
The license fees for hawkers, vendors and solicitors are provided in Chapter 210, Fees.
The license fees herein set forth shall expire on the first day of each year after issuance and shall not be prorated.
Every licensed peddler shall, while engaged in his business at such, display upon some conspicuous place on his person a license badge furnished to him by the Borough.
Every licensed vendor shall display, affixed to a conspicuous part of his vehicle, the license plate furnished to him by the Borough.
It shall be unlawful for any vendor to mutilate, disfigure, lend, sell or otherwise dispose of any such license plate or badge.
It shall be unlawful for any vendor to cry or call the nature or price of wares, merchandise or services or to use or maintain any sound-producing equipment on his person or vehicle upon any street or sidewalk herein designated as the business sections.
It shall be unlawful for any vendor to stop, set up, locate and carry on his business at any street corner or on any pavement or highway, nor shall any vendor draw his vehicle to the curb or in close proximity thereto for the purpose of setting up and vending his wares, merchandise or services.
It shall be unlawful for any person to hawk, peddle or vend upon the streets or sidewalks of the Borough any merchandise, goods, services or articles of any description or to drive a vendor's cart, wagon, automobile or other vehicle after sunset of any day.
Any person violating any provision of this article shall, upon conviction thereof, be subject to a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of a court of competent jurisdiction. Each and every day that such violation shall continue shall be a further and separate offense under the terms of this article, subject to the penalties herein prescribed.
[Adopted 1-27-1977 by Ord. No. 12:20-76]
As used in this article, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- Includes itinerant vendors of merchandise who shall go from door to door in this Borough selling, causing to be sold, offering for sale or taking orders for present or future delivery of merchandise of any description whatever. A canvasser or solicitor shall also be deemed to be one who is not in the business of selling goods but one who makes surveys for research purposes, analysis, opinion polls, rating data and any such similar work which by its nature involves a door-to-door or place-to-place activity, and shall include persons going from door to door or place to place for the purpose of contributions, donations or alms for any person or organization.
- Includes magazines, periodicals, books and orders or contracts for a service, home improvements or alterations.
The purpose of this article is to prevent fraud, crime and unethical and dishonest business practices and for the general protection, health and welfare of the residents of the Borough of Bellmawr.
No person except as provided herein shall canvass, solicit, distribute circulars or other matter or call from door to door or place to place in the Borough of Bellmawr without first registering with the Chief of Police or, in his absence, the officer in charge of the Police Department.
Each registrant shall, at the time of registering, file with the Chief of Police an application in writing which shall give the following information:
Name, age and physical description of the applicant.
Complete permanent home and local address of the applicant.
Name and address of the organization or person for whom solicitation is being made.
Description of the nature of the business and the goods, services or wares to be sold and sufficient information to determine whether or not the business he is to transact is interstate or intrastate commerce.
Two photographs of the applicant which shall be approximately 2 1/2 inches by 2 1/2 inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner.
The days, dates and route of his business in the Borough of Bellmawr (which shall be between the hours of 9:00 a.m. and 5:00 p.m.).
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense, where and when so convicted, the nature of the offense and the penalty, if any.
The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation within the Borough and the number of his driver's license and the state of issuance.
A separate registration must be made for every solicitor, agent or employee soliciting within the Borough limits.
Each registrant, upon being so registered, shall be issued a registration certificate by the Chief of Police, upon which shall be affixed one photograph of the applicant signed by the Chief of Police so that part of his signature covers part of the photograph.
Each registrant shall carry the registration certificate at all times when in the Borough and shall exhibit it to any citizen or police officer upon request.
Every person to whom a registration certificate is issued under the terms of this article shall be governed by the following rules and regulations:
All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place on the premises.
No person subject to the provisions of this article shall canvass, solicit or distribute circulars or other matter except during the hours of 9:00 a.m. to 5:00 p.m. Monday through Saturday.
No person subject to the terms of this article shall enter or attempt to enter the house or apartment of any resident in the Borough of Bellmawr without an express invitation from the occupant of the house or apartment.
No person subject to the terms of this article shall conduct himself in such a manner as to become objectionable to or annoy any person while soliciting within the Borough limits.
No person subject to this article shall make any solicitation within the Borough limits where solicitors are notified by sign that soliciting is prohibited.
Any person, organization, society or association of a charitable, religious, patriotic, philanthropic or community nature desiring to solicit or have solicited in its name money, property or financial assistance for which no merchandise, wares or services are required shall be exempt from § 328-11 of this article, provided that there is filed with the Chief of Police an application in writing giving the following information:
Each solicitor for such organization, society or association shall carry proper identification and shall display the same upon request.
Any person violating the terms of this article, whether as an individual, principal or agent or employee of another, shall, upon conviction in the Municipal Court of the Borough of Bellmawr, be subject to a fine not to exceed $2,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Municipal Court.