[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park 9-2-2014 by Ord. No. 14-1867.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 213.
Licensing — See Ch. 247.
Littering — See Ch. 253.
Newspaper vending machines — See Ch. 261.
[1]
Editor's Note: This ordinance superseded former Ch. 290, Peddling,
Soliciting and Canvassing, Art. I, Peddlers, Solicitors and Transient
Merchants, adopted by Ord. No. 1101, as amended, and Art. II, Identification
of Canvassers, adopted by Ord. No. 1201, as amended.
The Mayor and Council find and declare that: for persons engaged
within the Borough in selling goods, taking orders for future delivery
and offering services to residents by traveling from place to place
or house to house without occupying specific fixed premises for the
conduct of such business; and for certain other merchants conducting
a merchandising business within the Borough from a specific, fixed
location with the intent to discontinue such business within a brief
period, usually less than one year; requiring licenses of such persons
for the conduct of their business will help to prevent fraud, crime
and unethical and dishonest business practices and will enhance the
general protection, health and welfare of the residents of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
A person who make surveys, analyses, opinion polls, rating
data and any such similar work by going from door to door or place
to place for the purpose of seeking contributions, donations, alms
or support for any person or organization.
A person who sells goods, the proceeds of which sales are
devoted exclusively to the purposes of a philanthropist, charitable
or religious society on whose behalf he acts as an agent without pay.
A person, sometimes referred to as a "hawker," who goes from
place to place by traveling on the streets, or from house to house,
and carries with him goods, wares and merchandise for the purpose
of selling and delivering them to consumers.
A person selling goods by sample or taking orders for future
delivery, with or without accepting advance payment for such goods.
A person, sometimes referred to as an "itinerant vendor,"
who engages in a merchandising business at a specific location within
a municipality with intent to close out or discontinue such business
within a period of one year from the date of commencement and occupies
a room, building, tent, lot or other premises for the purpose of selling
personal property, but nothing herein shall be construed to affect
the sale of fruits, vegetables and farm products, such as meat, poultry
butter and eggs.
A.
No peddler, solicitor, or transient merchant, as defined in § 290-2, except those described in Subsection B of this section, shall sell or dispose of any goods, wares, services or merchandise within the Borough without first having obtained from the Borough Clerk a license and having paid the license fee hereinafter prescribed.
B.
The following persons shall not be required to obtain nor pay for the license required under Subsection A, but all such persons shall abide by all regulations regarding peddling, soliciting and transient merchandising in the Borough.
(1)
No peddler's or solicitor's license shall be required of:
(a)
Honorably discharged veterans of the military, naval or marine
forces of the United States and exempt firemen who are properly and
legally in possession of special state licenses issued pursuant to
N.J.S.A. 45:24-9;
(b)
Any blind person who is a resident of the Borough;
(c)
Members of duly incorporated first-aid squads providing volunteer
service within the Borough;
(d)
Nonprofit vendors; and
(e)
Canvassers.
(2)
No transient merchant's license shall be required of:
(a)
Any person who conducts a sale pursuant to statute or court
order;
(b)
Certain charitable, religious and historical societies as defined
in N.J.S.A. 45:24-7 are exempted from the requirement for obtaining
a transient merchant license as long as such societies comply with
the provisions of N.J.S.A. 45:24-7; and
(c)
Nonprofit vendors.
A.
An application for license as a peddler, solicitor, or transient
merchant shall be submitted for each class of license on form(s) provided
by the Borough Clerk, and accompanied by the appropriate fee.
In addition to the filing of the completed application form referred to in § 290-4, an applicant for a transient merchant's license shall also fully comply with all the provisions of N.J.S.A. 45:24-1 et seq., as amended and supplemented, before his application shall be considered by the Borough Clerk.
No transient merchant shall sell or offer for sale any personal
property at an outdoor or open-air location within the Borough except
during the following periods:
Any transient merchant who fails to comply with the provisions
and requirements of this chapter or any part thereof, or makes a false
or fraudulent representation in any statement required by this chapter
to be filed by him, or falsely represents by advertising or otherwise
that such personal property is in whole or in part damaged goods saved
from fire, or makes any false statement as to the previous history
or character of such personal property shall be guilty of a violation
of the provisions of this chapter.
B.
Upon payment of the appropriate fee, licenses may be renewed for
consecutive periods without reapplication or reinvestigation, provided
that no complaints have been lodged against the licensee. It shall
be the responsibility of the applicant to amend the original application
to reflect any changes in the information required therein.
A.
All licenses shall be issued on forms prepared in accordance with
this chapter. They shall be printed in book form with corresponding
stubs and shall be consecutively numbered.
B.
The license shall contain suitable blank spaces for writing in the
name, the class of license granted, the location and type of business,
and the amount of fee paid.
To every peddler granted a license or licenses, the Borough
Clerk shall also issue, for each automobile, vehicle or wagon used
in peddling, a metal plate bearing the words "Licensed Peddler, Borough
of Highland Park," together with the number of the license and the
year for which it is issued. The automobile, wagon, or other vehicle
used for such peddling shall have affixed thereon the metal plate.
Every transient merchant to whom a license shall be granted
under this chapter shall post his license certificate in a prominent
place on his business premises, and shall keep same posted while engaged
in the business licensed.
Every solicitor whose application shall be approved shall be
issued a license bearing a photo identification, which shall be affixed
on the lapel of his coat or outer garment while engaged in soliciting
in the Borough.
The Borough Clerk shall keep the necessary books for recording
the time that the application for the license is received, showing
its class, whether new or renewal, the name of the licensee, the regular
number of the blank form, when the application was approved by the
Director of Police, the amount of fee received therefor, and the date
when the license was issued.
No license issued pursuant to this chapter shall authorize any
person except the person designated in the license to engage in the
business thereunder. The license shall not be transferable from the
person to whom it was specifically issued to any other person. A separate
license shall be obtained through the methods and procedure described
hereinabove in this chapter by every person who desires to be licensed
or acts as an employee or agent of any other person already so licensed.
A.
No peddler, solicitor, or vehicle of such peddler or solicitor shall
stand or be parked in one location for the purpose of displaying,
soliciting, or selling wares, merchandise, rides or services on any
public or private property within the Borough for a period longer
than 15 minutes, or for a lesser period, if at all, where to do so
causes, or is likely to cause, a crowd, impede vehicular or pedestrian
traffic, or produce annoying sounds, noise or disturbances which interfere
with the comfort of the residents.
B.
No person licensed pursuant to this chapter shall strew or litter
or cause to be strewn or littered the public streets or sidewalks
with refuse or waste matter of any kind or in any way interfere with
the comfort or convenience of the residence or business of the occupants
or owners of nearby properties.
C.
No peddler or solicitor licensed pursuant to this chapter who has
not been specifically requested to do so by the owners or legal occupants
of private property or residences in this Borough shall go in or upon
the private property or residences other than between the hours of
9:00 a.m. and 8:00 p.m.
D.
No peddler shall use the public streets to display or sell any goods,
wares, services, rides or merchandise in this Borough before 9:00
a.m. or after 8:00 p.m.
A license issued pursuant to the provisions of this chapter
may be suspended or revoked by the Borough Clerk or by the Director
of Police by reason of the violation of the terms of the license,
of the violation of any provision of this chapter or any other municipal
ordinance or state or federal statute, or falsification or misrepresentation
in applying for a license. The licensee shall be granted a hearing
with notice by the Borough Clerk or Director of Police upon request.
No license may be suspended for more than four weeks without a hearing.
