Borough of Interlaken, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 62 and 87.
[Ord. No. 2011-6 § 2]
As used in this section the following terms shall have the meaning indicated.
SOLICITOR OR CANVASSER
Shall mean a person who goes from home to home or person to person selling or buying goods, wares or merchandise by sample or taking orders for future delivery or selling a service to be rendered in the future with or without accepting an advanced payment for the goods, wares, merchandise or service or who conducts market research or opinion survey regarding commercial products or services.
[Ord. No. 2011-6 § 2]
No canvasser or solicitor shall engage in any such business or operations within the Borough of Interlaken without first having obtained a permit in accordance with the provisions of this section.
[Ord. No. 2011-6 § 2; Ord. No. 2010-5]
The requirements of this section shall not be construed to apply to the following persons: Any person soliciting for a lawful and recognized religious, charitable, educational or political organization or volunteer fire or first aid department, except that such person or organization shall notify the Police in writing of their intention to solicit and the date on which they will solicit at least five days prior to the commencement of solicitation.
[Ord. No. 2011-6 § 2]
Any person applying for a permit under this section shall file with the Borough Clerk in accordance with the provisions hereinafter an application for such permit together with the fee set forth herein: Such application shall contain the following information:
a. 
Name and physical description of applicant.
b. 
Date of birth.
c. 
Home address of applicant and address for preceding three years.
d. 
Whether or not individual has ever been convicted of a crime and the nature of the offenses for which convicted, where convicted, date of conviction and the penalty imposed.
e. 
A description of the nature of the merchandise to be sold or offered for sale or the nature of the service to be furnished or letter to be distributed.
f. 
Date of which applicant desires to commence such activity and length of time for which license is requested.
g. 
A letter from the firm or organization for which he or she intends to solicit authorizing the applicant to act as a representative on the letterhead of the organization.
h. 
Photo identification, such as a driver's license.
i. 
Two business references.
j. 
The permit fee shall be $25 together with the investigation fee, as required by the New Jersey State Police for a background check. A permit shall be granted or denied within 45 days.
k. 
Misrepresentations, false statements or failure to disclose information shall constitute a violation of this section.
[Ord. No. 2011-6 § 2; Ord. No. 2010-5]
a. 
Permit. A permit shall be issued to any and all applicants who complete the application form and are approved by the Police. Each individual engaging in solicitation within the Borough shall carry the permit issued to her or him upon their person and display same at all times while soliciting, if requested to do so by the police or any resident.
b. 
Investigation. The Police shall cause such investigation to be made of the applicant's business and moral character as he deems necessary for the protection of the public.
c. 
Disqualification from Obtaining a Permit. A person shall be disqualified from obtaining a permit for purpose of soliciting or canvassing if that person's criminal history background reveals a record of conviction of any crimes or disorderly persons offenses:
1. 
Involving danger to any person including but not limited to homicides, assaults, threats, kidnapping, sexual offenses and robbery or theft.
2. 
Against a family, children or incompetents.
3. 
Involving controlled dangerous substances.
[Ord. No. 2011-6 § 2]
Solicitation shall take place within the Borough only between the hours of 9:00 a.m. and 9:00 p.m. on weekdays and 9:00 a.m. to 5:00 p.m. on Saturday. A permit shall be effective for three months after the date it is issued.
[Ord. No. 2011-6 § 2; Ord. No. 2010-5]
The office of the Administrator/Borough Clerk shall collect and maintain a list of addresses of those premises where the owner and/or occupant has notified the Borough Clerk that soliciting or canvassing is not permitted on his/her premises. To be included on this nonsolicitation list residents shall complete a form which shall be available on line or at the Clerk's office in the municipal building. The Administrator/ Clerk shall submit the nonsolicitation list to the Police on a yearly basis which nonsolicitation list shall be distributed to applicants seeking a license to solicit or canvass pursuant to the provisions of this section. The licensee shall not solicit or canvass at any address on the nonsolicitation list.
[Ord. No. 2011-6 § 2]
Each permittee shall be governed by the following rules and regulations.
a. 
All circular samples or other matters shall be handed to an occupant in the property and not left on the premises.
b. 
No person subject to the terms of this section shall enter or attempt to enter the house of any resident of the Borough without an express invitation from the occupant of the home.
c. 
No person subject to the terms of this section shall conduct themselves in such manner as to become objectionable to or annoy any occupant of any house or fail to depart the premises when requested to do so by the owner or occupant.
[Ord. No. 2011-6 § 2]
A person violating any of the provisions of this section shall, upon conviction, be subject to the general penalties under Chapter 1, Section 1-5.
[Ord. No. 343 § 1]
As used in this section:
GARAGE SALE
Shall mean all sales entitled "garage sale," "house sale," "estate sale," "attic sale," "rummage sale" or "flea market 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.
PERSON
Shall mean individuals and/or a household entity, partnerships, voluntary associations and corporations.
[Ord. No. 343 § 2]
No person conduct, hold, permit or allow any garage sale or other similar activity upon residential property in the Borough without complying with the provisions of this section and without first obtaining a license therefore as required herein.
[Ord. No. 343 § 3]
Upon making application to the Borough Clerk for a license, the applicant shall pay a fee of $5. The Clerk shall thereupon issue the license which shall permit a garage sale at the specific premises to be held within 30 days for not more than two consecutive dates within the 30 day period. Not more than two such licenses shall be issued to the same person or premises per calendar year. The license shall be prominently posed at the premises during the sale.
[Ord. No. 343 § 4]
The information to be filed with the Borough Clerk or other designated Borough official shall include (a) name of person conducting the garage sale; (b) name of the owner of the property on which the garage sale is to be conducted and consent of the owner if applicant is other than the owner; (c) location at which the sale is to occur; (d) time of sale; (e) date and nature of previous sales; and (f) sworn statement or affirmation by the person signing that the information therein given is true.
[Ord. No. 343 § 5]
All such garage sales shall be conducted between the hours of 8:00 a.m. and 6:00 p.m.
[Ord. No. 343 § 6]
All signs and display tables or other equipment used in the conduct of the sale shall be removed within 24 hours after the completion of the sale. Signs may not exceed 18 inches by 18 inches in size.
[Ord. No. 343 § 7; Ord. No. 2010-5]
No display of items for sale at any garage sale shall be displayed on the sidewalk or in that area between the residence of the applicant and the sidewalk, but shall be displayed 15 feet from the curbline. The Police or his designee shall have the right to impose conditions on the permit relating to matters of public safety.
[Ord. No. 343 § 8]
The person to whom such license is issued and the owner or tenant of the premises on which such sale is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of the sale. No such person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable order of any member of the Police or Fire Departments in order to maintain the public health, safety and welfare.
[Ord. No. 343 § 9]
Nothing contained in this section shall be construed to authorize any violation of other provisions of the Borough Ordinances or other applicable law.
[Ord. No. 343 § 10; Ord. No. 2010-5]
This section and violations and penalties as stated herein will be enforced by the Borough Clerk, the Borough Code Enforcement Officer and/or the Police who shall have the power to issue warnings and/or summons for noncompliance with any provision of this section.
[Ord. No. 343 § 11; New]
Any person violating any requirement or prohibition of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1]
Editor's Note: Former Section 4-3, Towing and Storage of Motor Vehicles, previously codified herein and containing portions of Ordinance No. 359 was repealed in its entirety by Ordinance No. 2010-9.