[HISTORY: Adopted by the Mayor and Council
of the Borough of Montvale 8-10-1955 (Ch. 106 of the 1966 Code). Amendments noted where applicable.]
[Amended 10-14-2003 by Ord. No. 2003-1205]
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A person who goes from house to house on public thoroughfares
or in public places dispensing of circulars, posters, pamphlets, newspapers
or other forms of advertising matter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A facility in which groups of transient merchants as defined
below, band together to conduct functions commonly known as "trade
shows," "craft shows" and similar functions within the facility for
the same dates and times.
A person, commonly referred to as a "peddler" or "hawker"
or "itinerant merchant" who goes from place to place or house to house
by traveling on the streets and carries with him goods, wares, merchandise
or other things of value for the purpose of selling and delivering
them to consumers.
A person who goes from house to house selling or buying goods,
wares, merchandise or other things of value by sample or by taking
orders for future delivery or selling a service, with or without acceptance
of an advance payment for the goods, wares, merchandise, other things
of value or service.
A person who, whether a resident of the Borough or not, engages
in a temporary business within the Borough of selling and delivering
goods, wares, merchandise or services within the Borough and who,
in furtherance of such purpose, hires, leases, uses or occupies any
building, structure, motor vehicle, tent, railroad, boxcar or boat,
public room in hotels, lodging houses, apartments or shops, parking
lot, sidewalk, street, alley or other place within the Borough for
the exhibition and sale of such goods, wares and merchandise, either
privately or at public auction.
[Amended 10-14-2003 by Ord. No. 2003-1205]
The purpose of this chapter is to prevent dishonest business practices, to provide for traffic and pedestrian safety by regulating the use of the streets and property adjacent thereto by itinerant or transient merchants, to prevent extended parking or trespassing on private or public property, to prevent violations of Chapter 400, Zoning, to prevent violations of the State Sanitary Code, to protect traffic and pedestrian safety and prevent violations of the Motor Vehicle Code, and to generally provide for the safety of the residents of this community in the best interest of its welfare.
[Amended 10-14-2003 by Ord. No. 2003-1205]
A.
It shall be unlawful
for any distributor, transient merchant, itinerant vendor, itinerant
merchant, peddler, hawker or solicitor to sell, buy, dispose of or
offer to sell or dispose of any goods, wares, merchandise or other
things of value or services or to solicit contributions, gifts, pledges
or subscriptions of money or goods within the Borough of Montvale
without first obtaining a license therefor.
B.
A transient merchant
shall not be relieved from complying with the provisions of this chapter
merely by reason of associating temporarily with any local dealer,
trader, merchant or auctioneer or by conducting such transient business
in connection with, as part of or in the name of any local dealer,
trader, merchant or auctioneer.
C.
The license requirements of this chapter shall not
be applicable to persons distributing material or soliciting contributions
for charitable, religious or political purposes.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The requirements of this chapter insofar as
the same shall apply to fees shall be held not to include the following
persons who are expressly exempt from its application: any person
selling fruits, vegetables and farm products grown by himself, with
or without the help of others; any person honorably discharged from
the military, naval or marine forces of the United States possessing
a peddler's license issued in conformity with N.J.S.A. 45:24-10 and
the amendments thereof; any non-profit-making vendor; any person who
conducts a sale pursuant to statute or court orders; or any person
who is an exempt member of a volunteer fire department, as defined
by N.J.S.A. 45:24-9b, possessing a license issued in conformity with
said law and the amendments thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It shall be unlawful for any person to 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
issuer of any card, circular, pamphlet, newspaper, papers or other
publication or any form of advertising matter, unless said person
shall first obtain a license therefor. Every person distributing any
card, circular, pamphlet, newspaper, paper or other publication or
any form of advertising matter shall do so in a manner to avoid the
littering and scattering of papers and shall comply with the rules
and regulations pertaining thereto established by the Mayor and Council.[1]
[Amended 9-10-1996 by Ord. No. 96-1037]
A.
Any person desiring
to obtain a license for the purposes heretofore mentioned in this
chapter shall apply, in writing, to the Chief of Police of the Borough
on an application blank which shall contain the following information:
(1)
The name,
date of birth and social security number of the applicant.
[Amended 11-25-1997 by Ord. No. 97-1073]
(2)
The applicant's
permanent home residence.
(3)
The name and
address of the firm represented.
(4)
Three business
references.
(5)
The place
or places of residence of the applicant for the preceding five years.
(6)
A description
of the merchandise to be offered for sale.
(7)
A statement
as to whether or not the person has ever been convicted of a crime,
the nature of the offense and the disposition of the matter.
[Amended 11-25-1997 by Ord. No. 97-1073]
(8)
Where the
applicant is to be employed by someone else, a letter from the employer
authorizing the applicant to act as its representative.
(9)
If a vehicle
is to be used, a description of such vehicle and its license number,
registration and insurance certification.
(10)
Two photographs
of the applicant taken within 60 days immediately prior to the date
of the application, which photographs shall clearly show the head
and shoulders of the applicant and shall measure 1 1/2 inches
by two inches.[1]
[1]
Editor's Note: Original § 106-6B
of the 1966 Code, regarding use of licenses or badges by persons other
than the one to whom issued, which immediately followed this subsection,
was repealed 10-14-2003 by Ord. No. 2003-1205.
[Amended 11-9-1983 by Ord. No. 83-774; 12-10-1985 by Ord. No.
85-807; 9-10-1996 by Ord. No. 96-1037]
When the application is properly filled out
and signed by the applicant, it shall be presented to the Chief of
Police, whose duty it shall be to investigate the statements made
therein, and a period of not more than three days shall be allowed
for such investigation, whereupon the Chief of Police will indicate
his approval or disapproval upon the application.
A.
If, as a result
of such investigation, the applicant's character or business responsibility
is found to be unsatisfactory, the Chief of Police shall endorse on
such application his disapproval and his reasons therefor. Any determination
by the Chief of Police that an application is unsatisfactory shall
be based on one or more of the following findings with respect to
the applicant:
B.
Approval of application.
(1)
In the absence
of any such finding, the Chief of Police shall find the application
satisfactory, endorse his approval thereupon and issue a license.
(2)
When a fee
is required under this chapter, the application, bearing the approval
of the Chief of Police, shall be presented by the applicant to the
Borough Treasurer, to whom the fee shall be paid. The Treasurer shall
acknowledge receipt of the fee, in writing, upon the application,
which shall be returned by the applicant to the Chief of Police.
C.
Disapproval of
application; appeal.
(1)
If an application
is found unsatisfactory by the Chief of Police and he has endorsed
his disapproval upon the application, he shall notify the applicant
by mail that the application is disapproved and shall deny the applicant
a license.
(2)
In case of
disapproval of an application, the applicant may appeal to the Mayor
and Council, whereupon opportunity will be granted for hearing reasons
for and against the issuance of a license. The decision of the Mayor
and Council shall be final.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended 10-14-2003 by Ord. No. 2003-1205]
A separate license must be obtained by a licensed
peddler, solicitor and/or transient merchant for every agent or employee
working for him, unless such agent or employee is selling goods from
the same wagon or vehicle that the licensed peddler, solicitor and/or
transient merchant is selling from, but no more than two employees
shall sell from the same wagon or vehicle without a separate license.
[Amended 10-14-2003 by Ord. No. 2003-1205]
It shall be the duty of the Chief of Police
to issue licenses in all cases where the applicant has complied with
the provisions of this chapter. Licenses will expire on December 31
of each year and will be in the form of a card bearing the name of
the licensee, the purpose for which it is issued, the date of expiration
and the signature of the Chief of Police and seal of the Montvale
Police Department.
[Added 4-26-2016 by Ord.
No. 2016-1411]
A.
Establishment of No-Knock List.
All residents of the Borough may register their name, address and/or
unit/apartment number with the Municipal Clerk to be placed on the
No-Knock List, indicating that they do not want canvassers, distributors,
solicitors, peddlers, transient merchants or hawkers of any sort to
approach their homes and/or seek personal contact with the occupants
of the registered residence. The Municipal Clerk shall provide the
registration form, which shall be available during normal business
hours. By registering for the No-Knock List, the resident acknowledges
that the Borough police, fire and other emergency services groups
are exempt from the requirements of this section.
B.
Updating and provision of list.
The Municipal Clerk shall maintain a No-Knock List, a copy of which
shall be provided to all persons or organizations required to obtain
a license or register pursuant to this chapter. Registrants shall
remain on the No-Knock List for a period of five years from the date
of registration or until such time as they advise the Municipal Clerk,
in writing, that they wish to be removed from the list. The Municipal
Clerk shall ensure that the list is updated periodically.
C.
Registration and display of decal.
Upon completion of registration on the No-Knock List, the subscriber
may purchase and receive, for a fee of $1, a decal stating "Do not
knock; registered on the No-Knock List with the Borough of Montvale
Municipal Clerk; violators will be prosecuted," which may be displayed
in a clearly visible location (e.g., front door or window adjacent
to the front door).
D.
Violations. It shall be unlawful for any canvasser, distributor, solicitor, peddler, transient merchant or hawker to approach and/or seek personal contact with the occupants of any residence if that residence is registered on the No-Knock List. Anyone violating this subsection shall, upon conviction thereof, be subject to fines and penalties in accordance with Chapter 1, Article I, General Penalty, of the Borough Code.[2]
[2]
Editor's Note: Original § 106-11
of the 1966 Code, Metal plate issued with badge, which immediately
followed this subsection, was repealed 12-10-1985 by Ord. No. 85-807.
[1]
Editor's Note: Original § 106-10
of the 1966 Code, Badge, was repealed 10-14-2003 by Ord. No. 2003-1205.
[Amended 10-14-2003 by Ord. No. 2003-1205]
All licenses shall be issued on forms drawn
in accordance with this chapter and consecutively numbered. It shall
be the duty of the Chief of Police to keep a bound record book entitled
"Solicitor's, Distributor's, Non-Profit-Making Vendor's and Peddler's
Record." In this record shall be entered the following information:
Date of issuing licenses, to whom issued, address, purpose, fee paid,
license plate, small photograph furnished by applicant and remarks.
[Amended 10-14-2003 by Ord. No. 2003-1205]
Every person holding a license under this chapter
shall be required to carry the license with him and display it in
a conspicuous manner. He must produce the license at the request of
any official or householder of the Borough of Montvale.
It shall be the duty of the Chief of Police
to incorporate as a part of his monthly report to the Commissioner
of Police the number of licenses issued and fees paid for all licenses.
[Amended 9-10-1996 by Ord. No. 96-1037]
A.
Licenses issued
under the provisions of this chapter may be revoked by the Mayor and
Council after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation
or any false statement contained in the application for license.
(2)
Fraud, misrepresentation
or false statement made in the course of carrying on his business
as transient merchant, peddler, vendor, solicitor or distributor.
[Amended 10-14-2003 by Ord. No. 2003-1205]
(3)
Any violation
of this chapter.
(4)
Conviction
of any crime or misdemeanor involving moral turpitude.
(5)
Conducting
the business as transient merchant, peddler, vendor, solicitor or
distributor in an unlawful manner or in such a manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
[Amended 10-14-2003 by Ord. No. 2003-1205]
B.
The Chief of
Police, upon receiving information providing reasonable cause to believe
that the holder of any license issued hereunder has violated any provision
of this chapter or has been convicted of any violation referred to
in this chapter or has been convicted of any crime or offense, may
forthwith temporarily suspend such license until a hearing is held
by the Mayor and Council as provided herein, and the Mayor and Council
shall have issued a determination thereon.
C.
Notice of a hearing
for revocation of a license shall be given in writing, setting forth
specifically the grounds of the complaint and the time and place of
the hearing. Such notice shall be mailed, certified mail, return receipt
requested, to the licensee at his last known address at least five
days prior to the date set for the hearing.
D.
If the licensee
has one or more employees, the revocation hereunder shall apply to
the licensee and all employees determined to be in violation of this
chapter.
E.
Upon revocation,
the license shall be surrendered to the Mayor and Council or its duly
appointed designee.
[Amended 11-25-1997 by Ord. No. 97-1073
The license fees shall be as follows:
A.
Solicitors: $50
per year, which is hereby determined to be the reasonable cost of
investigating the character and record of such solicitor.
B.
Distributors:
$50 per year, which is hereby determined to be the reasonable cost
of investigating the character and record of such distributor.
C.
Peddlers: $50
per year, which is hereby determined to be the reasonable cost of
investigating the character and record of such peddler.
D.
Transient merchants:
$50 per year, which is hereby determined to be the reasonable costs
of investigating the character and record of such transient merchant.
[Added 10-14-2003 by Ord. No. 2003-1205]
[Added 9-10-1996 by Ord. No. 96-1037]
No person or license holder shall:
A.
Peddle, solicit
or distribute merchandise except between the hours of 9:00 a.m. and
30 minutes after sunset, unless specifically having been invited to
a dwelling by an occupant thereof or having previously made an appointment
with an occupant.
[Amended 9-10-2019 by Ord. No. 2019-1473]
B.
Attempt to peddle,
solicit or distribute merchandise or printed material without first
having identified himself as a transient merchant, peddler, solicitor
or distributor registered with the Borough and displaying his badge.
[Amended 10-14-2003 by Ord. No. 2003-1205]
C.
Have exclusive
right to any location in the public streets or operate in any congested
area in such a manner as to impede the flow of traffic or of pedestrians
or create a breach of the peace.
D.
Peddle, solicit or distribute on the premises of any business establishment, shopping center or mall without the written consent of the owner or individual agency or organization responsible for the management and/or operation of the same or in violation of Chapter 400, Zoning.
[Amended 10-14-2003 by Ord. No. 2003-1205]
E.
Enter or attempt
to enter the land of any resident in the Borough where such resident
has posted a notice prohibiting such entry.
F.
Refuse to leave
any private dwelling or property after having been once requested
to do so by the owner or occupant thereof.
G.
Shout, cry out,
blow a horn, ring a bell or use any sound-making or amplifying device
upon any of the streets, parks or public places of the Borough or
upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon private
premises, for the purpose of attracting attention to any merchandise
or services, without first obtaining written authorization for the
same from the appropriate Borough official.
H.
Litter the streets,
public places or public or private properties within the Borough with
any merchandise or printed material.
I.
It shall be unlawful
for any transient merchant, itinerant vendor, itinerant merchant,
peddler, hawker or solicitor to sell, buy, dispose of or offer to
sell or dispose of any goods, wares, merchandise or other things of
value or services in or on any portion of a public right-of-way.
[Added 10-14-2003 by Ord. No. 2003-1205]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In case for any reason any section or any provision
of this chapter shall be questioned in any court and shall be held
unconstitutional or invalid, the same shall not be held to affect
any other section or provision of this chapter.
All ordinances or parts thereof inconsistent
with the provisions of this chapter are, be, and the same are hereby
repealed.
This chapter shall take effect and be in force
from and after its passage and publication as required by law.
