It shall be unlawful for any peddler, hawker,
vendor, solicitor or canvasser as hereinafter defined to engage in
such activity within the Borough without first obtaining a license
in accordance with the provisions of this article.
As used in this article. the following terms
shall have the meanings indicated:
Any person, whether a resident of the Borough or not, traveling
by foot, vehicle or other type of conveyance, who goes from house
to house, place to place or street to street, conveying or transporting
goods, wares or merchandise and offering or exposing the same for
sale, or making sales and delivering articles to purchasers, or who
engages in any of the foregoing activities from a stationary location
on the street or other public place.
Includes any person, whether a resident of the Borough or
not, who goes from house to house, place to place or street to street,
soliciting or taking or attempting to take orders for the sale of
services, goods, wares, merchandise, real estate or personal property
of any nature for future delivery, or for services to be performed
in the future, whether or not the individual has, carries or exposes
for sale a sample of the product, and whether or not he or she is
collecting advance payment, or who engages in any of the foregoing
activities from a stationary location on the street or public place.
“Canvassing” shall further be defined as door-to-door
delivery of circulars, visitations, or other means, where the canvasser
or his or her employers has not been invited or requested by the owner,
lessee, sublessee, assignee, managing agent or other person having
the right of ownership or possession or to sell, rent, or lease any
real property.
[Amended 8-4-2016 by Ord.
No. 6-16]
The purpose of this article is to prevent fraud,
crime and unethical and dishonest business practices. The fees to
be charged for the licenses are not revenue but are charged for the
purpose of covering expenses of investigating and regulating the conduct
of the licenses.
Upon receipt of the application, the original
shall be referred to the Chief of Police, who shall cause to be made
such investigation of the applicant's business and moral character
as he deems necessary for the protection of the public welfare.
[Amended 9-6-2018 by Ord.
No. 11-18]
An annual fee of $250 shall be paid by the applicant for a license,
plus an additional fee of $50 for each person acting on behalf of
the applicant and engaging in peddling, soliciting, hawking, vending,
or canvassing. Licenses shall be issued by the Borough Clerk on a
calendar-year basis, commencing on January 1 and terminating on December
31 in each year. The fee set forth in this section shall not be prorated
over the calendar year.
[Amended 9-1-2011 by Ord. No. 6-11]
No person shall sell, offer for sale, hawk,
peddle or solicit in the Borough under the provisions of this article
before 9:00 a.m. or after dusk, nor on Sundays and holidays.
No licensee or any person in his behalf shall
shout, cry out, blow a horn, ring a bell or use any sound device,
including any loud-speaking radio or sound-amplifying system, upon
any streets, parks or other public or private places in the Borough.[1]
The equipment used or employed by peddlers,
hawkers and vendors of ice cream, foods, beverages, confections and
other related commodities shall be maintained by a clean and sanitary
manner and be subject to inspection by the Board of Health.
No licensee shall have an exclusive right to
any one place upon any sidewalk or street nor be permitted to operate
in any congested area where such operation might impede or inconvenience
the public. For the purpose of this section, the judgment of a police
officer exercised in good faith shall be deemed conclusive as to whether
the area is congested or the public inconvenienced.
All solicitors, upon being issued a license,
shall also be issued a licensed solicitor card, which shall be worn
and conspicuously displayed by the licensee on his outer garment at
all times while soliciting in the Borough.
All peddlers and solicitors calling upon residences
within the Borough shall not seek audience or admittance to a residence
for the purpose of peddling or solicitation at other than the front
door. In addition, signs reading "No Peddlers or Solicitors Allowed"
or the like shall be observed by licensees.
A.
This article shall not be construed to include selling
articles at wholesale to dealers in such articles, or the delivery
of milk, eggs, bread, newspapers or other necessary and perishable
articles of food or merchandise of a type commonly delivered on a
house-to-house basis at intervals of less than one week.
B.
Any veteran who holds a special license issued under
the laws of the state shall be exempt from the license fee herein,
but shall be required to comply with all other applicable sections
of this article.
C.
Charitable solicitations.
(1)
Any nonprofit, religious, charitable, civic or veteran
organization, service club, volunteer fire or first aid company, etc.,
desiring to solicit or have solicited in its name money, donations
or financial assistance of any kind, or desiring to sell or distribute
any item of literature for which a fee is charged shall be exempt,
provided that there is filed a sworn application in writing with the
Borough Clerk containing the following information:
(2)
The application shall be forwarded to the Police Chief,
who, upon being satisfied that the applicant is bona fide, shall endorse
his approval on the application and return it to the Borough Clerk,
who shall issue a special permit without charge for a specified period.
It shall be the duty of any police officer of
the Borough to require any person seen peddling, hawking, vending,
soliciting or canvassing and who is not known by the officer to be
duly licensed to produce his license, and to enforce the provisions
of this article.
A.
The Borough Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Borough Clerk that
canvassing, peddling, soliciting, itinerant vending, and door-to-door
sales, or any door-to-door commercial activities, are not permitted
on the premises (hereinafter referred to as the "Do Not Knock Registry").
Notification shall be by completion of a form available at the Borough
Clerk's office during normal business hours. The list shall be
updated on January 1 and July 1 of each year. Addresses will remain
on the registry until notification to the Borough that the owner or
occupant wishes to be removed.
B.
Any owner and/or occupant who has requested enlistment on the Do Not Knock Registry, pursuant to Subsection A herein, shall be able to obtain from the Borough Clerk's office a sticker for display at his/her/its premises indicating enlistment on the Do Not Knock Registry.
C.
The Borough Clerk shall submit the Do Not Knock Registry to the Chief
of Police biannually. The Borough Clerk shall provide a copy of the
Do Not Knock Registry to each licensee at the time a license for peddling,
canvassing, soliciting, or any door-to-door commercial activities
is issued. The licensee shall not peddle, canvass, solicit, or engage
in any door-to-door commercial activities at any premises identified
on the then-current Do Not Knock Registry.
D.
No solicitor or canvasser, as defined in this chapter, shall seek
to solicit business from any owner or occupant whose name and property
address is included on the Do Not Knock Registry.
E.
Any canvasser, solicitor, peddler, or anyone going door to door for
commercial purposes, or any individuals or owners of companies involved
in these activities who violate any provision of this section, shall
be:
F.
This section shall be enforced by any police officer of the Borough
of Upper Saddle River or any other Code or Zoning Enforcement Officer.
[1]
Editor’s Note: This ordinance also provided that any person, firm, corporation, or entity convicted of violating any provision of §§ 76-23.1 and 76-23.2 shall be subject to the fines and penalties as described in § 1-15, Violations and penalties, with such penalty being determined within the discretion of the Municipal Court Judge.
[Added 8-4-2016 by Ord.
No. 6-16]
No person shall engage in the following acts:
A.
Promote, influence, or attempt to promote or influence a property
owner, occupant, or tenant to list for sale, sell or remove from a
lease real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers
or other occupants or prospective occupants of real property.
B.
Induce directly or indirectly, or attempt to induce directly or indirectly,
the sale or listing for sale of real property by representing that
the presence or anticipated presence of persons of any particular
race, religion, or national origin in the area has resulted or may
result in:
(1)
The lowering of property values.
(2)
A change in the racial, religious, or ethnic composition of
the block, neighborhood, or area in which the property is located.
(3)
An increase in criminal or antisocial behavior in the area.
(4)
A decline in the quality of the schools serving the municipality.
C.
Make any representations (or misrepresentation) concerning the listing
or sale of the anticipated listing for sale or the sale of any real
property in any residentially zoned areas for the purpose of inducing
or attempting to induce the sale or listing for sale of other real
property in such area.
D.
Make any representation to any prospective purchaser that any block,
neighborhood or area has, will, or might undergo an adverse change
with respect to the religious, racial, or ethnic composition of the
block, neighborhood or area for the purpose of discouraging the purchase
of property in a particular area.
E.
Place a sign purporting to offer for sale any property that is not
actually for sale or rental.
F.
Advertise for sale or rental property which is nonexistent or which
is not actually for sale or rental.
G.
Engage in or hire or conspire with others to commit acts or activities
of any nature, the purpose of which is to coerce, cause panic, incite
unrest, create or play upon fear with the purpose of inducing or attempting
to induce the sale or listing for sale of real property.
H.
Solicit or canvass any owner whose name and property address is included
on the list maintained by the Borough Clerk of persons requesting
that they not be canvassed or solicited.
I.
Engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this article.
J.
Aid, abet, incite, compel or coerce any person to engage in any of
the practices forbidden by this article or to obstruct or prevent
any person from complying with the provisions of this article.
K.
Refer, directly or indirectly or by implication, to race, color,
creed, ethnicity, or sexual orientation in any advertisement or solicitation
offering real property for sale or rental.
L.
Solicit or attempt to solicit the sale or rental or the listing for
sale or rental of real property without furnishing in written form
to the owner or occupier of such real property the name of the person
or organization soliciting such sale, rental or listing.
