[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale 6-27-1972 by Ord. No. 72-9 as Ch. 7, Arts. 7 and 9, of the Revised Ordinances of 1972; amended in its entirety 12-8-1998 by Ord. No. 98-21. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Auctions — See Ch. 100.
Fees — See Ch. 138.
Garage sales — See Ch. 162.
Licenses and permits — See Ch. 188.
Noise — See Ch. 208.
Penalties — See Ch. 226.
Land use — See Ch. 310.
As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER
A solicitor.
DISTRIBUTOR
A person who goes from house to house on public thoroughfares or in public places disseminating or otherwise disposing of printed material or other articles designed directly or indirectly to advertise or promote a commercial purpose, including, by way of example and not by way of limitation, circulars, handbills, posters, pamphlets, newspapers and other matter of an advertising or other commercial promotional nature.
HAWKER
Includes a person who, in a public street or place, cries forth the goods, wares and merchandise which he or she has to sell.
NON-PROFIT-MAKING VENDOR
A person who sells or collects goods, the proceeds of which are devoted exclusively to the purpose of a philanthropic, charitable or religious society on whose behalf he or she acts as agent.
PEDDLER
Includes any person traveling by foot, wagon, motor vehicle or in or upon any other type of vehicle or conveyance, from house to house, store to store or street to street, carrying with him or her any wares, merchandise or goods for the purpose of: offering and exposing the same for sale; or making sales and delivering any of the said articles to purchasers. A "peddler" shall also mean and include a person who, without traveling from place to place, sells or offers for sale wares, merchandise or goods from a wagon, motor vehicle or any other type of vehicle or conveyance. The word "peddler" shall include the words huckster and vendor. Any person who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a "peddler."
SOLICITOR
A person who goes from house to house to from place to place selling merchandise by sample or by taking orders for future delivery, with or without accepting advance payments for the goods, regardless of whether the solicitation is made by mail, telephone or personal contact. The provisions of this chapter shall apply to the person who comes in personal contact with the buyer, whether he obtains the order, delivers the goods or accepts money in payment for them. Solicitor shall also mean any person who goes from house-to-house or from place-to-place for the purpose of offering services, makes inquiries concerning real estate, obtaining alms, contributions or subscriptions or who does research analyses, makes surveys or opinion polls, obtains rating data or similar information or who engages in any similar work which involves a door-to-door or place-to-place activity.
[Amended 10-18-2016 by Ord. No. 16-13]
The purpose of this chapter is to prevent crime and dishonest business practices by the regulation of the conduct of persons seeking a permit under the provisions of this chapter. The permit fee hereinafter set forth in this chapter is estimated to cover the expense involved and is not imposed for revenue purposes.
[1]
Editor's Note: For state statute authorizing a municipality to license and regulate peddlers and hawkers or to prescribe and regulate the place of vending or exposing for sale articles and merchandise from vehicles, see N.J.S.A. 40:52-1, Subdivision c. See also Tagmire v. Atlantic City, 35 N.J. Super. 11, 113 A. 2d (App. Div. 1955), holding that exempt firemen and honorably discharged military personnel holding a special license to hawk and peddle issued by the County Clerk pursuant to N.J.S.A. 45:24-9 et seq. are exempt from the municipal licensing requirement.
A. 
No person shall engage in or carry on the business of a peddler or hawker without first obtaining a permit as provided in this chapter and in Chapter 188, Licenses and Permits.
B. 
No non-profit-making vendor or solicitor shall sell, buy, collect or dispose of or offer to sell, buy, collect or dispose of any goods, wares, merchandise or services to be delivered or rendered in the future, or to take orders for any goods, wares, merchandise or services to be delivered or rendered in the future, within the Borough, without first obtaining a permit therefor in the manner as is provided in this chapter and in Chapter 188, Licenses and Permits.
C. 
No distributor shall distribute or cause to be distributed to the occupant of any house unless the same has been previously ordered, or place or cause to be placed in or on any premises, or in any automobile, or hand to any person on the street, or attach to any tree, pole, sign, billboard, fence or building except where located on the premises of the distributor or issue any printed material or other articles of the kind described in the definition of "distributor" in § 224-1, unless said distributor shall first have obtained a permit therefor in the manner as provided in this chapter and in Chapter 188, Licenses and Permits.
The requirements of § 224-3A, insofar as they apply to fees, shall be held not to include the following persons, who are expressly exempt from its application:
A. 
Any person selling fruits, vegetables and farm products grown by himself, with or without the help of others.
B. 
Any person honorably discharged from the military, naval, marine or air forces of the United States who possesses a peddler's license issued in conformity with the provisions of N.J.S.A. 45:24-10.
C. 
Any non-profit-making vendor.
D. 
Any person who conducts a sale pursuant to statute or court order.
E. 
Any person who is an exempt member of a volunteer fire department as defined by N.J.S.A. 45:24-9b and who possesses a license issued in conformity therewith.
F. 
Any person who possesses a permit or license issued under any other article of this chapter.
No permittee shall remain in any one place for more than 15 minutes at any one time for the purpose of conducting the business or occupation permitted.[1]
[1]
Editor's Note: For statute providing for flashing signals so long as a peddler's vehicle remains stopped or parked for transacting business, see N.J.S.A. 39:3-64.3.
A. 
The application for a permit under this chapter shall be made in writing to the Borough Clerk, on a form to be supplied by and filed with him or her.
B. 
The fees for permits issued under this chapter shall be as provided in Chapter 138, Fees. The permit fee shall be paid by the applicant to the Borough Treasurer when the application is presented.
A. 
It shall be the duty of the Borough Clerk to issue a permit under this chapter where the provisions thereof have been complied with.
B. 
The permit shall be in the form of a card bearing the name of the permittee, the purpose for which the permit is issued, the date of expiration, and the signature of the Borough Clerk. The permit shall also bear a passport-type photo of the permittee.
C. 
The Borough Clerk shall issue a permit about three inches by four inches, numbered and bearing the name of the Borough and the type of permit. Upon the issuing of the permit, a deposit as provided in Chapter 138, Fees, shall be collected from the permittee as security for the return of the permit at the expiration of the same.
D. 
All permits shall be consecutively numbered.
In case of disapproval of an application for a permit under this chapter by the Borough Clerk, the applicant may appeal to the Borough Council in the manner prescribed by Chapter 188, Licenses and Permits, § 188-6.
Every permittee shall be required to carry his or her permit with him or her and shall display such permit while acting under the provisions of this chapter.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall be punishable as provided in Chapter 226, Penalties.
[Added 10-18-2016 by Ord. No. 16-13]
No trade solicitor or canvasser shall enter onto any property on which is located a sign or signs stating "no solicitors" or carrying a similar message forbidding the entry of any persons onto the property.
[Added 10-18-2016 by Ord. No. 16-13]
A. 
Collection, preparation and maintenance of a nonsolicitation list. The Office of the Borough Administrator/Clerk shall collect, prepare and maintain a list of addresses of those premises where the owner and/or occupant has notified the Clerk that soliciting and canvassing is not permitted on his/her premises. To be included on the nonsolicitation list, residents shall complete a form supplied and maintained by the Borough, without cost to the resident. With the adoption of this section, the Office of the Clerk shall make the form available to all residential property owners or occupants and may distribute same thereafter in any manner directed by the Governing Body.
B. 
The Borough Administrator/Clerk, or their designees, shall submit the nonsolicitation list to the Chief of Police on a quarterly basis, which nonsolicitation listing shall be distributed to applicants seeking a license to solicit or canvass pursuant to the provisions of this chapter. The applicant shall acknowledge, in writing, receipt of this list as part of the application process. The licensee shall not solicit or canvass at any address on the nonsolicitation list.
C. 
On or about January 1, April 1, July 1 and October 1 of each year, the Office of the Clerk shall update the list. The updated list shall then be forwarded to the Chief of Police for distribution to solicitors and/or canvassers. Nothing herein shall prohibit the more frequent updating of the list by the appropriate Borough Official.
D. 
Any solicitor or canvasser violating the provisions of this section as described above shall be punishable by a fine and/or imprisonment as prescribed in Chapter 226.