It shall be unlawful for any hawker, peddler, solicitor, non-profit making vendor, canvasser, to sell or dispose of or offer to sell or dispose of any goods, wares or merchandise within the township, without first obtaining a license and having paid the license fee hereinafter prescribed.
It shall be unlawful for any peddler as defined herein to purchase or offer to purchase any junk or any other goods, wares or merchandise within the township without first obtaining a license and paying the license fee hereinafter prescribed.
As used in this chapter:
NON-PROFIT MAKING VENDOR -- Shall mean a person who sells goods or solicits goods, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he acts as an agent without pay.
PEDDLER -- Shall mean a person commonly referred to either as a peddler or a hawker who goes from place to place by traveling on the streets either by foot, wagon, motor truck or any other type of conveyance, or from house to house, and carries his goods, wares and merchandise for the purpose of selling and delivering them to consumers. A peddler may also be known as a hawker or vendor. A person who goes from place to place by traveling on the streets or from house to house for the purpose of purchasing goods in said places or houses, including the purchase of junk or any household goods shall come within this definition.
SOLICITOR -- Shall mean a person also known as a canvasser, selling goods by sample or taking orders for future delivery with or without accepting an advance payment for the goods; or such person may be taking a poll or a survey from house to house, or on the streets, or distributing advertisements or handbills.
Applications for licenses shall contain the following information:
Name and address of the applicant.
Description of the applicant.
Names and addresses of the firm represented.
Three business references.
The place of residence of the applicant for the preceding three years.
The length of time for which the license is desired.
A brief description of the nature of the business and a description of the wares to be offered for sale.
If a vehicle is to be used, a description of the same, together with the registration and the name of owner.
The number of arrests, if any, the number of convictions for misdemeanors or crimes and the nature of the offense for which arrested or convicted. This shall include violation of any municipal ordinance other than traffic violations.
Two photographs showing applicant's face, front and profile, of a minimum size and 1 and 1/2 inches by 1 and 1/2 inches; these photographs to be not over one year old. The photographs shall be affixed to the application.
Each applicant shall be fingerprinted.
Following the filing of the application, the township clerk shall verify the information respecting the moral character and business background of the applicant and shall signify his approval or rejection on the reverse side of the application. If the fingerprints on the application are not of acceptable quality, the township clerk may cause all applicants to be fingerprinted at his discretion. Upon verification of the application and payment of the prescribed fees, the license therewith shall be issued immediately by the township clerk. In all cases, the township clerk shall approve or reject such application within ten days from the date of filing the application form. In the event of the refusal of the issuance of such license, the township committee on written request of the applicant shall conduct a hearing to determine whether the license should be granted under this section.
All licenses shall be issued on forms drawn in accordance with the section. They shall be printed with corresponding stubs and shall be consecutively numbered. Both the license and the stub shall contain suitable blank spaces for writing in the name, the class of license granted, the location of the business and the amount of fee paid. The license shall carry a photograph of the licensee and specify the kind of goods being dealt in. The license shall contain the signature of the applicant and the seal of the issuing officer.
A permanent record of all licenses issued shall be kept by the township clerk. The township clerk shall report to the township committee the number of licenses issued with a breakdown showing the kind of license issued, at least once a month.
For all licenses, the license issued shall not authorize any person except the designated person named in the license to engage in business thereunder. This license shall not be transferred from the person to whom issued to any other person without the consent of the township committee. A separate license shall be obtained by a licensed peddler for every agent or employee working for him.
License fees shall be paid as follows:
No person shall solicit or canvass or engage in any activity permitted by this section before the hours of 9:00 a.m. or after 5:00 p.m. nor on Sundays or holidays.
A copy of the license shall be carried on the person of the licensee. Such license shall be exhibited to any police officer or to any official of the township or to any person solicited, upon request. The licensee shall be courteous to all persons and shall not importune or annoy any of the inhabitants of the township, and shall conduct himself or herself in a lawful manner at all times.
Licenses issued under this section may be revoked by the township clerk or the township committee for any of the following causes:
Misrepresentation or false statement contained in the application.
Misrepresentation or false statement made in the course of carrying on the activities herein.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the licensed business in an unlawful manner, in violation of this section, State or Federal statute, or in such manner as to cause breach of the peace, or create a nuisance or to constitute a menace to the health, safety or general welfare of the public.
All persons whose licenses have been revoked shall have the right to appeal to the township committee by filing a written request within ten days with the township clerk for such hearing. The township committee shall within 30 days after receipt of the request hold the hearing. At the conclusion of the hearing, the township committee shall affirm or order the township clerk to set aside the revocation of the license. The decision of the township committee of such appeal shall be final and conclusive.
This section shall not be construed to include the delivery of milk, eggs, bread, newspapers or such other necessary and perishable articles of food or merchandise of the type commonly delivered on a house to house basis at intervals of less than one week, nor
Federal census taker and polls or surveys taken pursuant to Federal, State and local laws shall not be prohibited by this section.
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45: 24-9 shall be exempt from application for a license, but shall be required to comply with all other applicable sections of this ordinance.
Any non-profit, religious, charitable, civic or veteran organization, service clubs, volunteer fire and first aid company, desiring to solicit or to have solicited in its name money, donations, or financial assistance or any kind or design, to sell or distribute any item of literature or merchandise for which a fee is charged, provided there is filed a sworn application in writing with the township clerk which shall contain the following information:
Name and address of the organization.
Purpose for which the special permit is required.
Names and addresses of the officers and directors of the organization.
Period during which solicitation is to be carried on.
Upon satisfaction that such person, organization or association is bona fide, the township clerk shall issue a special permit without charge for a specified period.
The equipment used or employed by peddlers, barkers, and vendors of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to the inspection of the board of health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.
No licensee nor any person in his behalf shall shout, cry out, blow a horn, ring a bell or use any sound device or sound amplifying system, upon any of the streets, alleys, parks or other public or private places within the township or in any area contiguous to the township whereby a nuisance shall be created in the township.
No licenses shall have any exclusive right to any one place upon any sidewalk or any street, and shall not be permitted to operate in a congested area where his operation might impede or inconvenience the public. For the purpose of this section, the judgment of the police officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
No person, firm, group or corporation shall operate or conduct a "pop music festival" or "rock music festival" or other outdoor assembly of persons for a musical entertainment event to which members of the public are invited to attend either on a charge or no charge basis, unless the person, firm, group or corporation has first obtained a permit from the township committee.
Forms for such application may be obtained from the township clerk. Such forms shall be completed by the applicant and submitted together with the documents required in subsection 4-2.3 to the township clerk ten days prior to the regular meeting of the township committee at which time the applicant wishes the application considered. The township committee shall, within 30 days of the date of the meeting at which the application is considered, approve or disapprove by resolution the application with the reasons therefor. Failure of the township committee to act upon the application within the above time period shall be deemed to be a denial of the application for a permit.
All applications for a permit shall furnish proof to the satisfaction of the township committee of the following:
The promotion and completion of at least two similar events at other locations within the immediately preceding 24 months period.
Existing sanitary and water facilities sufficient to accommodate as a minimum the number of persons projected to attend the event. The applicant shall submit a sworn affidavit stating the number of persons invited; the number of persons who have accepted invitations and the number of persons anticipated to be in attendance.
Parking and traffic control plan for the entire event of proceedings sufficient to insure a free flow of traffic and adequate parking. The plan shall be sufficient to control all the vehicles which may be involved based on the projected number of participants and attendance as stated in the applicant's above affidavit.
Complete plan for the processing, handling and sale of food and proof of ability to provide food for the anticipated attendees. In the event the applicant has arranged to have the food provided by persons other than themselves, proof of ability of such third parties to process, handle, sell, or provide food shall be submitted in the same manner.
The township committee shall, prior to acting upon any application, request and consider a report from the township clerk, which report shall contain information as to whether:
The conduct of the event would be injurious to public safety or morals.
The conduct of the event will create unreasonable interference with traffic.
The event by reason of the nature of its operation will attract undesirable persons and cause congregations giving use to commission of criminal offenses, disorderly persons act offenses, acts of juvenile delinquency, or municipal ordinances violating on or about the premises where the activity is to take place.
The township clerk shall make his report in writing with the grounds therefor and his recommendations.
The township committee shall prior to acting upon any application request and consider a report from the township board of health with regard to the adequacy of the existing sanitary and sewer facilities and the proposed plan of food processing, handling and distribution.
The township committee shall prior to acting upon any application request and consider a review of the traffic control and parking plan submitted by the applicant and a report of the sufficiency thereof from the township engineer.
Each person, firm, group or corporation making any application for any permit set forth herein shall pay the sum of one thousand ($1,000.00) dollars upon filing of an application as an application and permits fee.
The township committee shall review the materials required in subsection 4-2.3 to be submitted by the applicant and the reports of the township clerk, the board of health and the township engineer and shall use these materials and reports as the standard upon which the determination to grant or deny the permit shall be based.
As used in this section:
SHOOTING RANGE -- Shall mean and include the following: target range, rifle range, trap shoot, trap skeet range and all allied shooting ranges, where firearms are discharged.
It shall be unlawful for any person, firm, group, organization, association or corporation to establish, maintain, operate or conduct a shooting range, as hereinbefore defined, within the township without first having obtained a permit for such purpose as hereinafter provided.
Application or the permit required by this section shall be filed with the township clerk, upon forms to be furnished by him.
The application shall be signed by the applicant and set forth the following information:
The township clerk shall refer each application for a permit hereunder to the township committee who shall forthwith make or cause to be made an investigation of the character of the applicant and of the fitness and suitability of the range from the standpoint of public safety, health and welfare.
After completing such investigation and if the township committee shall find that the range will not constitute a nuisance or be otherwise detrimental to the health, safety and welfare of the public, it shall approve a resolution authorizing the permit to be issued, upon payment of the permit fee as hereinafter provided.
In the event of disapproval, the applicant shall be notified of the reasons for disapproval.
There shall be a fee of fifty ($50.00) dollars for each permit issued pursuant to this section. Applications for permit must be submitted to the township prior to the March township committee meeting for consideration. The permit shall expire as of December 31 of the calendar year in which it is applied for and granted, subject to periodic inspections as set forth herein. A permit required under this section may be denied, suspended or revoked for failure to comply with any provisions of this section including, but not limited to, the failure to obtain such a permit in a timely manner. Any organization that has not renewed its permit shall not be permitted to operate a shooting range until such a shooting range permit is obtained from the township and an additional cost of one hundred ($100.00) dollars will be applied to any permit obtained/applied for beyond the March township committee meeting of each calendar year, in addition to the fee set forth above.
The township committee, or its duly authorized representative, is empowered to make periodic inspections of the range for which a permit has been approved and granted and where in the opinion of the township committee a range is being conducted contrary to the provisions of this section, is not under qualified supervision and is not conducted in accordance with the rules and regulations hereof and such a violation constitutes a nuisance and danger to the safety, welfare and health of the public and adjacent property owners, it shall have the right to direct the discontinuance temporarily of the use of the shooting range. The township committee after hearing on due notice of the applicant may revoke or suspend the permit granted for failure to comply with the terms of this section or any of the rules or regulations relating to the use of the shooting range.
If a permit is granted, no person or persons shall open or operate a shooting range under this section before 9:00 a.m. prevailing time, on any weekday, or before 12:00 noon, prevailing time on Sunday, and not later than 6:00 p.m., prevailing time, or an hour before sunset, whichever is earlier.
No commercial shooting range as hereinbefore defined shall be established in the township.
The following definitions shall be applicable to all provisions of this section:
GARAGE SALES -- Shall mean and include all sales entitled garage sales, lawn sale, attic sale, porch sale, flea market, rummage sale, yard sale, auction sale, or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale, or at which the public may purchase tangible personal property.
PERSONAL PROPERTY -- Shall mean and include all property purchased or acquired by the respective homeowners or occupants holding the sale for their own respective household use excluding property purchased for resale or acquired by gift, consignment or otherwise for the purpose of resale.
PROPERTY OWNER -- Shall mean and include the property owner or owners of real property located within the Township of Hardwick and shall also include any tenant or lessee or occupant or any other person or corporation so conducting or holding a garage sale upon real property located within the township.
No property owner shall within the limits of the Township of Hardwick:
Conduct more than two garage sales, as herein defined, within any one calendar year.
Conduct a garage sale, as herein defined, without first obtaining a license from the municipality as provided under subsection 4-4.3 of this section.
Cause to be sold or make available for sale at any garage sale, as herein defined, any property other than personal property, as herein defined.
Cause to be conducted or conduct a garage sale, as herein defined, prior to the hour of 9:00 a.m. or subsequent to the hour of 6:00 p.m.
A license shall be issued for each lot as shown on the official tax map of the township only twice within a 12 month period beginning January 1 of each and every year. No license shall be issued for more than two consecutive calendar days. All licenses shall be issued free of charge by the township clerk upon the filing of the following information by the applicant:
In the event a property owner conducts a garage sale as herein defined and in conjunction therewith erects signs in the Township of Hardwick, the property owner shall remove said signs immediately upon the conclusion of the garage sale. In the event the property owner fails to remove the signs, the township shall have the signs removed, and the cost to remove said signs shall be assessed to the property owner conducting the sale.
The provisions of this section shall not apply to or affect the following persons or sales:
Person selling goods pursuant to an order or process of a court of competent jurisdiction.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
Any sale conducted by any merchant or other business establishment from or at a place of business wherein the sale would be permitted by the zoning regulations of the township.
Any bona fide, charitable, eleemosynary, educational, cultural or governmental institution or organization.
Any person violating any provision of this section shall, upon conviction of violating same, be subject to a fine not exceeding twenty-five ($25.00) dollars for each violation.
If any section or subsection, of this ordinance is held to be invalid, it shall be severable and shall not affect the validity of the remaining sections of this ordinance.
It shall be unlawful for any commercial water extraction operation to be located, established or maintained within the township unless the person who proposes to establish such an operation shall apply to and receive from the township a license entitling the operator to maintain such an operation.
As used in this section:
- COMMERCIAL WATER EXTRACTION OPERATION
- Shall mean and be defined as the extraction and bottling of water from springs located on-site for purposes of (bulk) shipment.
- WATER BOTTLING
- Shall mean only the filling and capping of bottles. No manufacture, fabrication, or other process shall be permitted.
An application for a commercial water extraction operation shall be filed with the township and provide the following information:
A description of the premises where the operation is located or proposed to be located;
A certified statement that all necessary state and local approvals have been obtained and remain in full force and effect;
Written approval of the township engineer, showing compliance with all applicable reporting/monitoring requirements as set forth in Chapter 16 of the township code; and,
Any and all other requirements as set forth by the township in the license application.
Nontransferability, expiration, reasons for revocation. All licenses for commercial water extraction operations shall not be transferable to another owner or different premises without township approval. Such licenses for commercial water extraction operations shall expire on the last day of December of each year. All such licenses shall be subject to revocation by the township committee for the following reason(s):
Township engineer's and/or township zoning officer's recommendation for failure to comply with the rules and regulations of the State of New Jersey or of ordinances of the township governing same, after the owner has been afforded a hearing by either the applicable state agency or the township committee; and/or,
The owner fails to keep his real estate taxes to the township current, once the license has been issued. Current means that each quarter's taxes are paid within the time required by law.
Conditions for approval. In addition to the requirements above, no license will be issued and no commercial water extractions operations will be permitted to be considered for renewal if, by the time of consideration for license renewal by the township the applicant has not met any and/or all of the following condition(s):
Failure to meet all the requirements for commercial water extraction operation, pursuant to Chapter 16 of the township code; and/or,
Failure to timely file an application for approval by the township committee or fully answer all required portions of the application, thereby making the application incomplete; and/or,
Failure to have paid all township real estate taxes owed up to and including the fourth quarter taxes of the current year; and/or,
The annual licensing fee shall be two thousand five hundred ($2,500.00) dollars, which shall cover all costs incurred by the township for such activities and must be paid in full to the township at the time of filing an application for licensing or license renewal.
Purpose. The purpose of this section is to establish policies and procedures for the collection of fees associated with the performance of marriage or civil union ceremonies by the mayor or deputy mayor.
Collection of fees. Persons seeking to be married or joined in civil union by the mayor of Hardwick shall remit the applicable fee delineated below to be paid to the Open Space Fund of Hardwick:
Compensation and reimbursement of expenses incurred through the performance of marriage and civil union ceremonies.
Receipt of fees. The fee shall be paid by check, payable to the Open Space Fund of Hardwick. Fees collected shall be deposited into the Open Space Fund's current fund.
Eligible persons. The township shall reimburse only proper and reasonable expenses incurred directly by and for the mayor. Under no circumstances shall the town reimburse expenses or expenditures on behalf of or because of any spouse, child, guest or other person.
- FLEA MARKET
- Shall mean a sale of items of tangible personal property wherein on one location there are multiple vendors who have paid a fee for the privilege of occupying the space allotted to each such vendor for the purpose of displaying and selling items of tangible personal property.
- MUNICIPAL COSTS
- Shall mean any and all expenses incurred by the Township of Hardwick for a licensed special event including operating expenses, salary and wages, benefits and any other expenses of any department.
- SPECIAL EVENT
- Shall mean shows, carnivals, circuses, festivals, fairs, flea markets, outdoor plays, outdoor dances, outdoor concerts or outdoor theatrical events, parades, sporting events not directly involved in interscholastic sports or not directly sponsored by Hardwick Township. Special events also include any event requiring the temporary or permanent closure of any township streets or sidewalks or any event impacting on the public health, safety or welfare of the Township of Hardwick or its residents. Excluded are any funerals, memorials, graduations, weddings, township sponsored functions or nonprofit organizations located within the township. Also excluded are any events conducted inside any permanent structure and which do not impact on township services.
No person, corporation or organization shall carry on or conduct a special event without having first obtained a license from the township committee, unless otherwise excluded from the requirements of this section.
Application. All applicants shall submit an application to the township clerk for consideration by the township committee at least 60 days prior to the special event. The application shall include the following information:
Date, times and location including zone of special event.
Name, address and phone number of applicant, property owner and emergency contact.
Detailed description of special event, including activities planned, estimated number of persons attending, etc.
Description of security.
Description of sanitary provisions.
Description of health, fire and rescue squad provisions.
Traffic and parking control.
Evidence of insurance.
Alcohol or food permits required, if any.
Description of any proposed open flame cooking facilities or proposed use of any pressurized flammable or combustible gases.
Any and all other information necessary for the township committee to properly evaluate the application.
The construction official, state police, fire chief of each fire department serving the township, chief of Blairstown First Aid and Rescue Squad and superintendent of the department of public works shall all review the application and provide their comments and estimated costs of the township services required prior to the consideration of the application by the township committee.
The approval of any license application in which it is the opinion of the township committee that the special event will require the township to incur municipal costs shall be conditioned upon the execution by the applicant of an agreement providing that the applicant will pay for all municipal costs incurred for the special event.
The applicant shall deposit with the township 50 percent of the estimated municipal costs required to be reimbursed to the township by the applicant prior to the issuance of the license by the clerk. The applicant shall pay the balance owed for municipal costs within ten days of the issuance of a bill from the township.
The township committee may in their sole discretion vote to waive all or some of the required reimbursement for special events sponsored by charitable or nonprofit organizations.
All township employees, staff required to work a special event shall be paid their regular rate.
No person, firm or corporation may conduct a flea market other than a bona fide charitable, eleemosynary, educational or cultural organization organized not for profit and being able to establish that it is such type of nonprofit organization, subject, however, to the following requirements:
Each organization authorized to conduct a flea market in accordance with this section shall obtain a special events license in accordance with this article.
Flea markets shall be limited to two consecutive calendar days, and shall be conducted only between the hours of 9:00 a.m. and 5:00 p.m. There will be a maximum of two rain dates allowed. No organization will be granted more than two licenses for a flea market in any calendar year.
[Ord. No. 2012-03]
Any person who shall violate any provision of this section shall, upon conviction, thereof, be punished by a fine not exceeding one thousand ($1,000.00) dollars, or by imprisonment in the county jail for a term not exceeding 90 days, or both. Each day any violation of this section shall continue shall constitute a separate offense and be punishable as such. The institutions of any fine or penalty shall not relieve any applicant of the obligation to pay any municipal costs related to the special event.