[1976 Code § 4-1.1]
It shall be unlawful for any person to engage in the business of peddler as defined in subsection 8-1.2 within the Borough without first obtaining a license therefor as provided herein. The word permit is intended to be used synonymously with license wherever the word is used as a noun.
[1976 Code § 4-1.2; Ord. No. 7-91 § 1]
As used in this section:
Shall mean a hawker, peddler, solicitor or canvasser, as
set forth above.
Shall mean and include any person whether a resident of the
Borough or not, traveling either by foot, motor vehicle, wagon, or
by any other conveyance from place to place, from house to house,
or from street to street, carrying conveying, or transporting goods,
wares, and merchandise of any kind whatever, and offering and exposing
the same for sale, or taking or attempting to take orders or make
contacts for sale at retail of goods, wares, and merchandise or personal
property of any nature for street delivery, whether or not such person
has, or carries, or exposes for sale a sample of the subject of such
sales or not, or to solicit for any purpose whatsoever, except for
certain approved charitable purposes. The word peddler shall include
the words hawker, huckster, canvasser, solicitor, and itinerant vendor.
Shall mean and include the singular and the plural and shall
also mean and include any person, firm, or corporation, association,
club, copartnership or society, or any other organization.
Shall mean any person, whether a Borough resident or not,
who goes from house to house, from place to place, or from street
to street, soliciting or taking or attempting to take orders for sale
of services, goods, wares or merchandise, including magazines, books,
periodicals, photographs or personal property of any nature whatsoever
for future delivery or for services to be performed at the time of
solicitation or in the future, whether or not such individual has,
carries, or exposes for sale a sample, or the subject for such order,
or whether or not he is collecting advance payment on such orders.
[1976 Code § 4-1.3; Ord. No. 7-91 § 1]
This section is not intended to apply, and shall not be construed
to apply, to:
a.
Sales of merchandise or solicitations of orders for merchandise by
members, agents, or employees of bona fide 501(c) organizations, religious,
nonprofit or charitable corporations or associations, where the proceeds
of such sale inures to the benefit of such charitable, religious or
nonprofit association or corporation and no part of the sale price
inures to the benefit of any solicitor or canvasser.
1.
It shall be unlawful for any nonprofit vendor to solicit within the
Borough without first having registered with the Police Department.
2.
A nonprofit vendor is a person who solicits for an organization,
the proceeds of which are devoted exclusively to the purpose of a
philanthropic, charitable, or religious society on whose behalf he
acts as an agent without pay.
b.
Veterans or exempt members of a volunteer fire department who procure
a special license for hawking and peddling issued by the State of
New Jersey, or its political subdivisions, including herein those
issued by the County Clerk's office under the provisions of N.J.S.A.
45:24-9 etc., or under provisions of similar statutes of the State
of New Jersey providing exemptions from local municipal licenses.
[1976 Code § 4-1.4]
Applicants for permits or licenses under this section must file
with the Borough Clerk a sworn application in writing in duplicate,
which shall give the following information:
a.
Name and description of the applicant.
b.
Address.
c.
A brief description of the nature of the business and the goods to
be sold, whether produced or grown by the applicant, or otherwise
the place where the goods to be sold are manufactured or produced
or are located at the time the application is filed, and the proposed
method of delivery.
d.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
e.
The length of time for which the right to do business is desired.
f.
If a vehicle is to be used, a description of the same, together with
a license number or other means of identification.
g.
A photograph of the applicant, taken within 60 days immediately prior
to the date of the filing of the application, which picture shall
be two inches by two inches showing the head and shoulders of the
applicant in a clear and distinguishing manner.
h.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor, or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
i.
An applicant shall submit himself to the Police Department of the
Borough for fingerprinting, and the applicant's fingerprints
are to be maintained as part of his application.
j.
The names of the municipalities in the State of New Jersey in which
the applicant has canvassed or solicited at any time within the three
months next preceding the date of application.
k.
At the time of filing the application, a fee of $10 shall be paid
to the Borough Clerk to cover the cost of investigation.
[1976 Code § 4-1.5]
a.
Upon receipt of such application, the original shall be referred
to the Borough Chief of Police who shall cause such investigation
of the applicant's business and moral character to be made as
he deems necessary for the protection of the public good.
b.
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 for the same, and return the application to the Borough Clerk,
who shall notify the applicant that his application is disapproved
and that no license will be issued.
c.
If as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on the application his approval, and
issue a license addressed to the applicant for the carrying on of
the business applied for. Such license shall contain the signature
and seal of the issuing officer and shall show the name, address and
the photograph of the licensee, the class of license issued and the
kind of goods to be sold thereunder, the amount of fee paid, the date
of issuance and the length of time the same shall be operative, as
well as the license number and other identifying description of any
vehicle used in such peddling. The Chief of Police shall keep a permanent
record of all licenses issued.
[1976 Code § 4-1.6]
The license fees shall be as follows for the periods stated:
|
Annual
|
$100
|
|
1 month
|
$50
|
|
1 week
|
$25
|
|
Daily
|
$10
|
[1976 Code § 4-1.7]
All annual licenses issued under the provisions of this section
shall expire on December 31 in the year when issued. Other than annual,
licenses shall expire on the date specified in the license.
[1976 Code § 4-1.8]
Any solicitor or canvasser who has been issued a license under
this section shall so indicate upon his application form when applying
for a new license. Such applicant shall not be required to be fingerprinted
again, and need supply only one photograph with the application, provided
the photograph then on file with the Borough Clerk was taken within
the four years next preceding the date of the new application and
still portrays a reasonably accurate likeness of the applicant.
[1976 Code § 4-1.9]
No license issued under the provisions of this section shall
be used at any time by any person other than the one to whom it was
issued.
[1976 Code § 4-1.10]
The Borough Clerk shall issue to each licenses at the time of
delivery of his license, a badge which shall contain the words "Licensed
Solicitor," the date of application of such license, and the number
of the license in letters and figures easily discernible from a distance
of 10 feet. The badge shall, during the time such licensee is engaged
in soliciting, be worn constantly by the licensee on the front of
his outer garment in such a way as to be conspicuous.
[1976 Code § 4-1.11]
No peddler shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location,
nor shall be permitted to operate in any congested area where his
operations might impede or inconvenience the public. For the purpose
of this section the judgment of a Police Officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
[1976 Code § 4-1.12]
Peddlers are required to exhibit their licenses at the request
of any citizen.
[1976 Code § 4-1.13]
It shall be the duty of any Police Officer of the Borough to
require any person seen peddling, and who is not known by such officer
to be a duly licensed, to produce his peddler's license and to
enforce the provisions of this section against any person found to
be violating the same.
[1976 Code § 4-1.14]
The Chief of Police shall report to the Borough Clerk all licenses
issued and all convictions for violation of this section and the Borough
Clerk shall maintain a record for each license issued and record the
reports of violation therein.
[1976 Code § 4-1.15]
a.
Licenses issued under the provisions of this section may be revoked
by the Chief of Police after notice and hearing, for any of the following
causes:
1.
Fraud, misrepresentation, or false statement contained in the application
for license;
2.
Fraud, misrepresentation, or false statement made in the course of
carrying on his business as a peddler;
3.
Any violation of this section;
4.
Conviction of any crime or misdemeanor involving moral turpitude;
5.
Conducting the business of peddling 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.
b.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place or hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for hearing.
[1976 Code § 4-1.16]
Any person aggrieved by this action of the Chief of Police in the denial of an application for permit or license as provided in subsection 8-1.5 or in the decision with reference to the revocation of a license as provided in this section, shall have the right of appeal to the Mayor and Borough Council within 14 days after notice of action complained of has been mailed to such person's last known address, by 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 subsection 8-1.15 for notice of hearing on revocation. The decision and order of the Borough Council on such appeal shall be final and conclusive.
[1976 Code § 4-2.1]
It shall be unlawful for any person to perform, show or exhibit
within the limits of the Borough for any price, gain or reward, any
sport, exhibition of any natural or artificial curiosities, caravan
of animals, theatrical exhibitions, circus, concert of music, either
vocal or instrumental or both, moving picture show or other public
performance, or exhibition for money, without having first obtained
a license for that purpose, as hereinafter directed.
[1976 Code § 4-2.2]
The Borough Council upon application being made to them for
any such license as aforesaid may grant such license in their discretion
and the license, if granted, shall be given in writing under the hand
of the Borough Clerk, upon payment to the Borough Treasurer of the
license fee hereinafter mentioned.
[1976 Code § 4-2.3]
The Borough Council shall, at the time of granting any such
license, as aforesaid, require the person to whom the same may be
granted to pay such sum of money as assessment for the same as to
them in each particular case shall seem equitable, just and proper,
for each days performance, which assessment shall in each case be
fixed by a resolution of the Borough Council, and shall be paid to
the Borough Treasurer for the use of the Borough.
[1976 Code § 4-2.4; New]
If any person performs, exhibits, or shows, or takes part in performing, exhibiting, or showing, within the limits of the Borough, any sport, exhibition of natural or artificial curiosities, caravan of animals, theatrical exhibition, circus, concert for public performance or exhibition for money, or any other sport show, exhibition or performance, in this section specified, without having first obtained a license for that purpose, as hereinabove provided, he shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 12-79 § 7-1.1]
As used in this section:
Shall mean any machine which may be operated for entertainment
or amusement in public, whether the machine is coin-operated or not
and whether or not it registers scores or tallies. Examples of mechanical
amusement devices are pinball machines, bowling machines, mechanical
grab machines, skee-ball machines, pokerino machines, billiard tables
and similar devices. This enumeration is intended to be typical and
shall not be construed as exclusive.
Shall mean any person in whose place of business one or more
mechanical amusement devices are placed or kept for operation by the
public.
[Ord. No. 12-79 § 7-1.2]
No person shall operate a mechanical amusement device within
the Borough without having first obtained a license from the Mayor
and Council and paid the required fee therefor.
[Ord. No. 12-79 § 7-1.3]
a.
This section shall not apply to mechanical devices which are contained
within a home or private dwelling and not operated for profit.
b.
Any fraternal or charitable organizations which are licensed for
the sale or consumption of alcoholic beverages are exempt from these
restrictions.
c.
No license shall be issued to any person under 18 years of age.
[Ord. No. 12-79 § 7-1.4]
An applicant for a license hereunder shall submit in writing
to the Borough Clerk the following information:
a.
Name and address of applicant and whether the applicant is an individual,
partnership, or corporation.
b.
The age of the applicant, if an individual, and of each partner,
and of each of the principal officers of the corporation.
c.
The prior criminal record of the applicant, if any, setting forth
the date or dates of conviction and the nature of the criminal violation.
d.
A brief description of the device or devices to be used in the operation,
including the approximate number and description of their location
on the premises.
[Ord. No. 12-79 § 7-1.5]
An operator shall be charged a fee of $25 per annum which fee
shall be submitted with the application for the operation of the premises.
[Ord. No. 12-79 § 7-1.6]
The application submitted to the Borough shall be transmitted
to the Chief of Police or to such member of the Police Department
as the Chief may designate. A report of the investigation shall be
completed and submitted to the Borough Clerk within 10 days following
submission of the application.
[Ord. No. 12-79 § 7-1.8]
A license may be transferred from one place to another by written
notice from the licensee to the Borough Clerk to that effect, and
supplying all information with respect to the new place as is required
for an application for a new license.
[Ord. No. 12-79 § 7-1.9]
The license herein required may be renewed annually upon notice
by the licensee filed with the Borough Clerk at any time prior to
15 days before the end of the calendar year, accompanied by payment
of the annual fee for the year involved. If objections to a renewal
of the license are filed by any persons, notice shall be given to
the licensee and a hearing on the objections to renewal shall be held
upon 10 days' notice to the licensee and the persons objecting,
and by a notice published at least once in a newspaper circulating
within the Borough. The licensee may be entitled to continue operation
of the business until determination of the objections.
[Ord. No. 12-79 § 7-1.10]
a.
No operator shall knowingly permit any person convicted of a crime
to be associated with him in the management of the business, or to
be an employee, or to loiter on the premises.
b.
No operator shall offer, or permit to be offered, any prizes or awards,
whether in cash or otherwise, as an inducement to use the machines.
c.
No operator shall permit any persons using the machines to operate
the same for any purposes of gambling prohibited by law. In the event
that it is determined judicially or by admission of the operator that
any mechanical amusement device is being operated as a gambling device,
the machine may be confiscated and destroyed, and the license of the
operator shall be revoked after hearing therefore.
d.
No operator shall permit any minor under the age of 16 years, unaccompanied
by a parent, to operate any mechanical amusement devices on the licensed
premises after 9:00 p.m.
e.
No operator shall permit any activity on the licensed premises which
is illegal, or which creates an undue amount of noise, or a breach
of the peace occurring therefrom.
[Ord. No. 12-79 § 7-1.11;
New]
[Ord. No. 6-85 § 1; Ord. No. 4-90 § 1]
As used in this section:
Shall mean the Borough of Ogdensburg unless some other borough
shall be designated in this section.
Shall mean a person who maintains or operates junkyards as
defined in this section, and is synonymous with junk yard keeper wherever
the term may be used herein.
Shall mean, among others, rope, wire, copper, brass, tin,
lead, used lumber, old bottles, unused motor vehicles or automobile
bodies and auto parts, or materials of similar nature which have been
discarded by the prior owners, other than the junk dealer or keeper
in possession thereof. Junk materials as defined herein shall not
include equipment or materials which are kept, stored, or disposed
of by the occupant or owner of premises other than a junk dealer or
junk keeper by reason of their obsolescence in the ordinary course
of business or occupancy of the premises, or are kept or stored for
the use of the owner or occupant other than in the business of buying,
selling, or storing the same.
Shall mean a parcel of land, with or without buildings or
improvements thereon, wherein materials commonly referred to as junk
are stored for commercial purposes of buying, selling, or storing.
Shall mean any individual, party, firm, or corporation constituting
a separate legal being or separate entity.
Shall mean hauling, trucking, moving, storing, separating,
repairing, dismantling or crushing materials, by any mechanical means
and with vehicles or equipment intended for such purposes, on the
licensed premises.
[Ord. No. 6-85 § 2]
a.
It shall be unlawful for any person or corporation to keep, maintain,
or operate a junkyard in the Borough without obtaining a license therefor
in accordance with the provisions of this section.
b.
It shall be unlawful for any person to whom a license has been issued
by the Borough herein for the operation or maintenance of a junkyard
to assign the license to any other person, or to allow any other person
whatever to operate or maintain the junkyard or any part thereof during
the period for which the license issued shall be in effect, excepting,
however, from the provisions thereof the employees or salesmen of
any individual owner, or the officers or employees or salesmen of
any corporation or contractors for a specific work or project used
in the operation of the business or maintenance of the licensed premises.
[Ord. No. 6-85 § 3]
a.
Any person desiring to obtain a license of junk dealer shall make
application to the Borough Clerk, who is hereby designated as the
licensing officer for the purpose of this section.
b.
The license application shall be in writing and shall contain the
following information:
1.
The name and address of the persons applying.
2.
An accurate description by metes and bounds of the premises sought
to be licensed.
3.
A statement of the nature of the materials that the applicant intends
to use in the operation of his business.
4.
The nature of the equipment to be used in the business and the methods
of operating the same.
5.
A statement of the distance of the outside boundary of the premises
sought to be licensed from the nearest adjoining public road or roads,
and of the adjoining properties owned by owners than the applicant.
6.
A map drawn to scale containing the site plan of the proposed premises
sought to be licensed and the relationship of the premises to be licensed
with the remaining property owned by the applicant. The map shall
be marked to show the respective courses and distances and the markers
or monuments used to identify the corners and boundary of the licensed
premises.
7.
Certification by Construction Code Official of no Uniform Construction
Code violations.
8.
Certification of Zoning Enforcement Officer of no Zoning Ordinance
violations.
9.
Certification of Fire Prevention Code Officer of no Fire Code violations.
10.
Certification of Tax Collector that all property taxes are current.
c.
The applicant shall cause markers or monuments of a permanent nature
to be placed in the grounds sought to be licensed and shall maintain
the same at all times in such manner so that the same shall be ascertainable
upon inspection by appropriate officials of the Borough.
[Ord. No. 6-85 § 3; Ord. No. 03-10]
The application for license shall be accompanied by an application
fee of $200 to cover the processing of said application. Any person
desiring to renew a junkyard keeper/dealer license must as a condition
of obtaining such license pay any unpaid application fee for any year
the applicant has been in business and operating without a license.
[Ord. No. 6-85 § 3]
The application for the license shall be filed with the Borough
Clerk at least 15 days prior to the date when the application shall
be considered by the Borough.
[Ord. No. 6-85 § 3]
All applicants for a license hereunder shall cause notice of
the application to be published at least once each week for two separate
weeks in a newspaper published and circulating in the County of Sussex
at least 12 days prior to the date when the application shall be considered
by the Borough, and the applicant shall file due proof of the publication
of the notice with the Borough Clerk prior to the date when the application
shall be considered.
[Ord. No. 6-85 § 3]
The Borough Clerk shall present any applications, together with
the fee and proofs of publication accompanying the same to the Mayor
and Borough Council at its next meeting following receipt thereof
by the Clerk. The Mayor and Borough Council may consider the application
and investigate the same at the meeting, or may, at the meeting, set
a date for a public hearing to be held on the application at sometime
not later than 30 days from the meeting at which hearing any objectors
to the license may be heard, as well as the applicant and those in
support of the application. The license sought shall be either denied
or granted within 15 days following the hearing.
[Ord. No. 6-85 § 3]
Any license issued shall be effective from the date of issue
to December 31 in the year in which the license shall be issued.
[Ord. No. 6-85 § 3]
No license issued hereunder shall entitle such licensee to operate
thereunder at, in, or on any other lot, building, or location, or
any portion thereof other than that which is specified in the license.
[Ord. No. 6-85 § 4]
A successful applicant to whom a license shall be issued hereunder
shall pay an annual fee of $300 to the Borough, which shall be payable
upon or prior to the issuance and delivery of the license to operate
and maintain a junkyard hereunder. The license fee shall not be prorated
for any portion of the year.
[Ord. No. 6-85 § 5]
Any license issued by the Borough may be renewed for each subsequent
year thereafter upon application to the Borough Clerk for renewal
without the filing of a complete application required for the original
license provided that:
a.
The application for renewal is accompanied by the annual license
fee.
b.
No changes have been made in the licensed premises or in the methods
of operation, or in the equipment or materials used in the business.
In the event there has been any change in any matters, a complete
statement of the changes made shall accompany the application for
renewal.
c.
Notice of application for renewal shall be published at least once
in a newspaper published and circulating in the County of Sussex at
least 10 days prior to the date when consideration of the renewal
application shall be sought and proof of the publication shall be
submitted to the Borough Clerk prior to the date when the renewal
application shall be considered.
d.
In the event that objections shall be filed with the Borough Council
by any resident or taxpayer in the Borough against the renewal of
the license, or in the event that the Borough Council shall, upon
its own knowledge or information, have reason to believe that provisions
of this section shall have been violated by the licensee in substantial
manner then, in either instance, the Borough Council shall set a date
for a hearing under the renewal application and shall give notice
of the hearing date, together with a statement of objections filed
or alleged violations by the licensee at least 10 days prior to the
date for considering the renewal application. At the hearing, the
licensee may be permitted to submit evidence on his behalf, and objectors
to the renewal of the application may be heard and may be allowed
to submit evidence relating to the renewal application.
e.
Determination of the findings of the Borough Council with respect
to the renewal license or denial thereof shall be made to the Borough
Council within 15 days following the hearing on the renewal application,
and notice of the determination shall be submitted in writing to the
renewal applicant with the conclusions of the Borough Council. If
the time required for determining the renewal application shall continue
beyond the first of any year, the renewal applicant may be permitted
to operate his business until such time as the application shall be
continued upon paying a charge prorated by the month, or any portion
thereof covering the temporary period. In the event that the license
shall be renewed, credit shall be given to the applicant for the temporary
fee paid, but in the event the renewal license shall be denied the
remaining prorated and unused annual fee shall be returned to the
applicant.
f.
No renewal application shall be considered by the Borough Council
or any renewal license issued after the lapse of one month from the
termination of any license period unless the lapse is continued by
virtue of any hearing or action of the Borough Council under this
section.
[Ord. No. 6-85 § 6]
The Borough Council may revoke any license used at any time
during the period covered by the license for good cause shown on the
written complaint or objection of any tax payer or resident of the
Borough or upon written notice to the licensee from the Borough Council
of any alleged violations of this section, and after a hearing has
been granted to the licensee following written notice of the complaints,
objections, or charges. Notice to the licensee shall state the time
and place of the hearing, which shall be at least 10 days following
the notice, and at the hearing all other persons in interest shall
be heard and evidence and testimony submitted relative to the matters
at issue.
[Ord. No. 6-85 § 7]
Regulations for junkyards.
Any licensed premises shall be operated in the following manner
and in accordance with the following standards and regulations set
therefor:
a.
The licensed premises shall contain a solid fence which shall completely
enclose the premises and provide a visual buffer so that no adjacent
property owner(s) can see any stored materials and that no materials
can be seen from the public road.
b.
No part of any licensed premises shall be located near than 50 feet
from any public road, or nearer than 100 feet from any adjoining owner,
nor within 500 feet of a private residence not owned by the applicant.
c.
There shall be no burning or materials on any licensed premises.
d.
No materials of any explosive nature shall be maintained or demolished
on any licensed premises.
e.
No materials shall be kept or maintained on the premises which shall
be of such an odorous nature as to effect, or be offensive to, adjoining
property owners or others in the neighborhood.
f.
The licenses shall take all measures to keep rats or other vermin
from the licensed premises.
g.
The business of the licensee shall not be operated in such a manner
as to cause noises that are either consistent or so audible as to
be offensive to other owners or persons in the neighborhood.
h.
Licensee shall establish fire protection of a standard required by
the New Jersey Fire Code.
i.
No processing operation shall be conducted after 5:00 p.m. and until
8:00 a.m. the following day on weekdays, or at any time on Sundays
and holidays.
j.
No licensee hereunder shall purchase any goods, articles or other
things whatsoever from any person under the age of 16 years.
k.
It shall be unlawful to stack, pile or place junk upon the premises
in such a manner as to create a fire hazard or to create a place for
the harboring or breeding of rats, mice or vermin.
l.
It shall be unlawful to stack, pile, or place junk upon any licensed
premises at a height greater than any fence, trees, shrubbery, or
other means used to obstruct the view from the public road or adjoining
owners, and in no event shall any automobile bodies be stacked or
piled in any greater manner or height than two levels thereof.
[Ord. No. 6-85 § 8]
The licensed premises shall be subject to inspection at any
reasonable hour during the business day or evening by the Health Officer
or any officer designated by the Board of Health for the inspection
of premises for health purposes within the Borough, or by the Police
Chief or member of the Police Department authorized by the Police
Chief for such purpose, or by any other officers or agent designated
by the Borough Council by appropriate resolution.
[Ord. No. 6-85 § 9]
a.
All licenses under this section shall at all times be subjected to
such reasonable rules as may be made by the Borough Council for the
purpose of operation and regulation of the places of business named
in such license.
