[Adopted 10-4-1982 by Ord No. 800 (Ch. 148 of the 1982 Code); amended
in its entirety 10-5-2016 by Ord.
No. 2016-10]
As used in this chapter, the following terms
shall have the meanings indicated:
CHARITABLE ORGANIZATION
Any charitable, benevolent, philanthropic, patriotic, political,
religious or eleemosynary purpose.
CONTRIBUTION
The promise or grant of any money or property of any kind
or value.
MERCHANDISE
Includes all goods, wares, food, fruit, vegetables, farm
products, magazines, periodicals and all kinds of articles of personal
property for domestic use, including product samples. Orders of contracts
for a service home improvement or alteration and market and opinion
surveys or polls are, for the purposes of this chapter, deemed merchandise.
MOBILE FOOD VENDOR
Includes a peddler or solicitor who transports prepared food,
foodstuffs to be prepared or cooked prior to sale and beverages for
sale in the Borough by vehicle or pushcart, such food or beverage
to be sold to individual patrons while said vehicle is stopped or
parked. Mobile vendors of frozen products only, such as ice cream,
frozen ices or frozen confectionary products are specifically excluded
from the definition of "mobile food vendor."
PEDDLER
Any person who goes from place to place by traveling on the
streets and roads or from house to house carrying, conveying or transporting
goods, wares or merchandise for the purpose of selling and delivering
them to customers. The word "peddler" shall include the words "hawker,"
"huckster" and "vendor."
PERSON
Includes the singular and the plural of any person, firm
or corporation, association, club, partnership, society or any other
organization.
SOLICITOR or CANVASSER
A.
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.
B.
The word "solicitor" shall include the word "canvasser," provided
that this definition shall not include wholesales salespersons calling
on retail merchants.
C.
A solicitor or canvasser also is 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 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, donations or alms
for any person or organization.
VEHICLE
Includes wagons, carts, trailers, motor trucks, motor vehicles,
service dispensers or other type of conveyance.
It shall be unlawful for any peddler or solicitor, as defined in §
204-1 of this chapter, to engage in such activity within the Borough of Leonia without first obtaining a license as provided herein.
All applicants shall pay the license fee required by §
204-5, if applicable, and file with the Police Department a sworn written application, in duplicate, on forms to be furnished by the Police Department, which shall give the following information:
A. A. The name and a description of the applicant, including date of
birth, driver's license number and social security or tax identification
number.
B. The permanent home address and full local address, if any, of the
applicant. If the applicant is a corporation, the name and address
of its registered agent.
C. The name and address of the employer, firm or person represented,
together with credentials establishing the exact relationship.
D. A brief statement of the nature of the business and a description
of the merchandise or service to be sold or distributed.
E. If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
F. The length of time for which the license is required.
G. If a vehicle is to be used, a description of such vehicle and its
license number.
H. The days of the week and the hours of the day during which the licensed
activity will be conducted.
I. The place where the merchandise to be sold or offered for sale is
manufactured or produced, the place where such merchandise is located
at the time such application is filed and the proposed method of delivery.
J. A photograph of the applicant taken 60 days immediately prior to
the date of the application, which photograph shall clearly show the
head and shoulders of the applicant and shall measure two inches by
two inches.
K. Each and every solicitor/peddler shall agree to be fingerprinted
for the purpose of verifying that he/she has no criminal record. The
fingerprint impressions will be taken by an organization to be designated
by the Mayor and Council. The necessary form and instructions will
be handed out at the time the application is filed with this Department.
L. Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate the
same.
M. Applications by partnerships shall be signed by all partners with the information required by this §
204-3 supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by said employee or agent.
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 purposes 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.
Licenses shall not be transferable and must be surrendered upon
expiration or upon the obtaining of a renewed license.
It shall be the duty of any police officer of the Borough of
Leonia 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 should assist the Police Department
in enforcing the provisions of this chapter.
The Police Chief shall maintain a record of all licenses issued
under the provisions 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.
Any person aggrieved by the action of the Chief of Police in the denial of an application for a permit or license as provided in §
204-4 of this chapter or in the decision with reference to the revocation of a license as provided in §
204-11 of this chapter shall have the right of appeal to the Borough Council of the Borough of Leonia. Such appeal shall be taken by filing with the Borough Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Borough Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in §
204-11 of this chapter for notice for hearing or revocation. The decision and order of the Borough Council on such appeal shall be final and conclusive. In accordance with N.J.S.A. 2A:168A-2, if the denial of an application or the revocation of a license or permit is upheld based upon the grounds set forth in §
204-4B(1) or §
204-11A(4) of this chapter, and the applicant shall be provided with a written explanation based upon consideration of the factors enumerated in §
204-4B(1).
[Adopted 5-21-2018 by Ord. No. 2018-7]
The Borough of Leonia shall permit charitable organizations
as defined in N.J.S.A. 45:17A-20 to solicit contributions in roadways,
commonly referred to as "coin drops," situated in the Borough of Leonia
in accordance with the provisions contained herein.
All charitable organizations, as defined in N.J.S.A. 45:17A-20,
which desire to solicit such contributions in roadways located in
the Borough shall file an application for a permit with the Borough
Clerk on a form supplied by the Borough Clerk, specifying the following
information:
A. Name of applicant organization.
B. Address of applicant organization.
C. Telephone number of applicant organization.
D. Contact person for applicant organization.
E. Specific location(s) of proposed charitable solicitation.
F. Date(s) and time of operation of proposed charitable solicitation,
any potential rain or inclement weather substitution dates must also
be listed on all applications to the municipal, county, and state
government organizations.
G. If the request involves a county roadway, the request shall include
a copy of the proposed authorization from the Bergen County Board
of Chosen Freeholders to permit the charitable solicitation.
H. If the request involves a state roadway and/or highway, the request
shall include a copy of the authorization from the Commissioner of
Transportation of the State of New Jersey to permit such charitable
solicitation or a copy of the appropriate application thereto.
I. In accordance with the recommendations of the Borough Police Department,
all proposed safety regulations, safety devices and training for individuals
who shall participate in the charitable solicitation and/or a report
as to the procedures to be used to ensure the safety of the members
of the public who will be traversing the roadways within the Borough.
J. A certificate of insurance issued by an insurance company duly licensed
in the State of New Jersey. The certificate of insurance must provide
general liability insurance in an amount of not less than $1,000,000.
The Borough shall be listed as an additional insured on the certificate
and an endorsement to the insurance policy. This subsection shall
not apply if the soliciting group is covered by the Borough's insurance
policy.
K. A signed, dated and notarized release and indemnification agreement,
signed by the organization sponsor or responsible party, legally binding
the organization participant, which shall release and agree to indemnify
and hold harmless the Borough of Leonia, County of Bergen, State of
New Jersey, its agents, servants, employees and elected and appointed
officials from any and all liability of any kind from injury or physical
harm, including death, and damage to property occurring from or alleged
to arise out of the event.
L. This application must be submitted a minimum of 30 days prior to
the planned event date for the fundraiser.
The following conditions shall be placed on all approvals for
coin drops:
A. Solicitation shall only be permitted at controlled intersections
(i.e., those with a traffic signal only; Broad Avenue and Hillside
Avenue and/or Broad Avenue and Fort Lee Road) during daylight hours.
B. Solicitation may not substantially impede the flow of vehicular or
pedestrian traffic. However, traffic must be stopped for a sufficient
period of time to ensure the safety of persons soliciting in the roadway.
Flagmen are not permitted to be utilized to control or regulate traffic
movement.
C. Signs and traffic control devices must be in accordance with the
latest edition of the Manual on Uniform Traffic Control Devices. Signs
advertising the solicitation may be placed approximately 500 feet
in advance. Signs must be temporary, break-away, and a maximum of
16 square feet.
D. Persons soliciting in the roadway, or within 15 feet of the roadway,
must wear properly sized, ANSI 107-2004 (or later) Class 2 or 3 high
visibility apparel. Wearing non-ANSI approved apparel will be reason
for immediate cessation of the event.
E. Individuals under the age of 18 years may be present but must be
at a safe distance and location from the street. Decisions of the
Borough Police Department will be final in determining such safe location.
F. Solicitors may not harass the motorists or public.
G. Solicitors shall not consume or be under the influence of alcohol
or drugs.
H. The charitable organization will be responsible for cleaning any
debris, including any signage or advertisements associated with the
roadway solicitation, from the solicitation site within two hours
of the end of solicitation.
I. In the event of severe weather, the charitable organization agrees
to immediately cease its roadway solicitation activities and shall
not resume such activities without first notifying the Borough Police
Department and receiving permission to resume such activities from
the Borough Police Department.
J. In the event of a motor vehicle accident or injury to a person in
the vicinity of the roadway solicitation, the charitable organization
agrees to immediately cease its roadway solicitation activities and
shall not resume such activities without first notifying the Borough
Police Department and receiving permission to resume such activities
from the Borough Police Department.
No applicant or organization seeking permission for a coin drop
will use any individual under the age of 18 years to perform any function
or task associated with the said charitable solicitation in any roadway.
Upon filing of a complete application and completion of the
required review by the Borough Police Department, the applicant shall
present the application to the Borough Committee a minimum of 30 days
prior to the proposed coin drop for its review and consideration,
after which the Borough Committee shall grant or deny the applicant's
request by resolution. In the event the applicant's request is approved,
the Borough resolution shall be forwarded by the applicant to the
state and/or county, if necessary. In the event that the coin drop
is approved for a roadway which does not intersect or fall within
the jurisdiction of the county or state, the resolution shall serve
as the final approval for the coin drop. The applicant shall follow
and abide by all conditions imposed in the resolution adopted by the
Borough Committee.
Any charitable organization requesting authorization from the
Borough for a charitable solicitation shall comply with all the terms
and conditions of N.J.S.A. 39:4-60, as same may be amended and supplemented
and all other applicable state statutes.
Any charitable organization that is granted municipal, county,
or state approval for a coin drop understands that at any point prior
to the event, during the event, or for future events the New Jersey
Department of Transportation, Bergen County official, Leonia Police
Chief or designees, or any law enforcement officer can order the charitable
organization to cease operations based upon, but not limited to: roadway
issues, public safety concerns, weather conditions, or traffic conditions.
This cease order does not transfer any liability or exposure to expenses
to the official who is delaying or revoking the coin drop event.
Any person or group engaged in solicitation activities found
guilty of violating a provision of this article shall be liable for
a fine not to exceed $100 for each day of such violation. Tickets
may be written by Borough police under N.J.S.A. 39:4-60 et seq.