As used in this Article, the following terms shall have the
meaning indicated:
Any person, other than a peddler or solicitor, traveling
by foot or vehicle of any kind, who distributes printed matter or
any other thing from house to house or who calls in person upon the
occupants of such houses seeking contributions or anything of value.
A person who sells goods, the proceeds of which are devoted
exclusively purposes of a philanthropic, charitable or religious society
on whose behalf he acts as agent, with or without pay, including those
individuals or organizations soliciting for funds or other things
of value for which no merchandise, wares or services are required.
Any person traveling by foot or vehicle of any kind who conveys
or transports goods, articles or property of any kind or description
for the purpose of offering for sale, selling and delivering the same
to customers, or offering to render immediate services of any kind
or description.
Any person traveling by foot or vehicle of any kind who sells
or offers to sell goods, articles or property of any kind or description
by sample or otherwise for future delivery, or who offers to render
services some time in the future, with or without accepting payment
or partial payment for the same.
No person shall engage in the activity of a peddler within the
City without first having obtained a license. No person shall engage
in the activity of a solicitor or canvasser within the City without
first having obtained a permit. Licenses and permits shall be issued
to individuals only, and if an employer or other person desires that
more than one employee or member engage in the activities of a peddler,
solicitor or canvasser, each employee or member must obtain a separate
license.
[Ord. No. 12-1998; Ord. No. 5-2009]
A.
Each applicant for a license or permit under this Article shall pay
a license fee of $50.
If a city-affiliated organization, such as a volunteer fire
department or a rescue squad, sponsors a special event of five days
or less, and which event includes participants otherwise subject to
this Article, the sponsoring organization may apply to the Governing
Body for a waiver of the individual license fees and the setting of
a single payment in lieu of license fees. The payment in lieu of license
fees shall be collected by the City-affiliated organization and paid
to the City Clerk upon the submission of applicable license applications.
This Article shall not apply to:
A.
An employee of any public utility which is subject to regulation
by the State Board of Public Utilities Commissioners, provided that
such employee shall display the identification badge or card issued
by his employer.
B.
A member of any committee or organization of a duly constituted political
party as defined by N.J.S.A. 19:1-4, when any such member is engaged
in the lawful activities, functions or objectives of the political
party.
C.
Any person who, as a part of the regular course of business, is engaged
in the delivery of goods to the premises of persons previously ordering
or entitled to receive the goods.
D.
Any person who conducts a sale pursuant to law or court order.
The requirements of this Article pertaining to fees shall not
include the following persons, who are expressly exempt from its application:
A.
Any person honorably discharged from the Armed Services of the United
States who possesses a peddler's license issued in conformity with
N.J.S.A. 45:24-9 and 45:24-10.
B.
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and 45:24-10, who possesses a license
in conformity with the law.
C.
Any person selling fruits, vegetables and farm products grown by
himself, with or without the help of others.
D.
Any non-profit-making vendor as defined by this Article.
A.
Any licensee who shall offer to sell, display for sale or sell or
deliver fruits, vegetables and farm products from any vehicle which
is wholly or in part open on any of its sides shall at all times keep
fruits, vegetables and produce of any kind completely screened and
covered with satisfactory materials in order to avoid and eliminate
the accumulation of flies or other insects from alighting around or
upon any and all merchandise.
B.
Licensees offering for sale, displaying for sale, selling or delivering
seafood, meats, poultry or dairy products shall transport them solely
in refrigerated vehicles, and all such products shall remain in the
refrigerated portion of the vehicle at all times up to the time of
sale or delivery. The refrigerated portion, during the uses thereof,
shall be maintained at a properly low temperature to completely safeguard
all the products from a health and sanitary standpoint to the fullest
reasonable extent possible for the safety and welfare of the public.
C.
No licensee shall at any time permit any waste materials or parts
of produce or any other merchandise to remain in or upon any street,
roadway, curbs or walks. He shall at all times remove any debris that
may have fallen from his vehicle and place it immediately in suitable
metal or plastic containers.
D.
All sales of merchandise by any licensee shall, at the time of sale,
be placed in bags or other suitable containers when the merchandise
is handed to the customer.
A.
A licensee shall not engage in the licensed activity except during the following times: between 9:00 a.m. and 6:00 p.m. standard time, or 7:00 p.m. daylight saving time, on Mondays through Saturdays, except where expressly invited into the homes of the occupants or as further provided in Subsections B. and C.
B.
Peddlers or hawkers who sell or attempt to sell manufactured, ready-to-eat
food products, such as ice cream or custard, shall be permitted to
operate Mondays through Sundays between the hours of 7:00 a.m. and
10:00 p.m., subject to all other restrictions. This subsection shall
be strictly construed.
C.
A licensee shall be permitted to conduct noncommercial canvassing
and soliciting between the hours of 9:00 a.m. and 9:00 p.m., Sundays
through Saturdays.
Each person to whom a license is issued under the terms of this
Article shall be governed by the following rules and regulations:
A.
Circulars, samples or other matter shall be handed to an occupant
of the property or left in a secure place located on the premises.
B.
No person shall enter or attempt to enter the house of any resident
in the city without an express invitation from the occupant of the
house.
C.
No person shall conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
D.
All licensees and their respective vehicles or modes of transportation
in carrying on their permitted business shall at all times fully comply
with all the terms and conditions of this Article and all other applicable
municipal ordinances and state laws, regulations or provisions pertaining
thereto, particularly but not in limitation thereof that may deal
with provisions of health, safety and general welfare.
A.
No licensee shall have an exclusive right to any location in the
public streets, be permitted a stationary location thereon or be permitted
to operate in a congested area where such operation might impede or
inconvenience the public use of such streets. 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 and
the public impeded or inconvenienced.
B.
No person shall solicit trade or business of any kind on any sidewalk
fronting or abutting any public building or its grounds within the
city limits; provided, however, that nothing herein shall be construed
to affect the right of a duly licensed peddler to peddle goods, wares
and merchandise, or any person soliciting funds by means of the sale
of any goods, wares and merchandise in any case where the proceeds
are to be used exclusively for charitable purposes.
