As used in this Article, the following terms shall have the meaning indicated:
CANVASSER
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.
NON-PROFIT-MAKING VENDOR
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.
PEDDLER
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.
SOLICITOR
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.