[Adopted 3-6-1969 by Ord.
No. 234 (Ch. 16, Art. 2, § 6, of the 1969
Code)]
[Added 4-8-1983 by Ord.
No. 455]
The following persons or organizations are exempt from the payment
of a fee and, in the discretion of the Mayor and Council, the registration
procedures, upon compliance with all other provisions of this article
and submission of applicable identification and documents to support
the claim to exemption:
A. Any charitable or religious society that shall conduct sales of personal
property when the proceeds thereof shall be applied to the payment
of the expenses thereof and to the charitable or religious object
for which the society exists.
B. Any person honorably discharged from the military services of the
United States, possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 24-10.
C. Any person who is an exempt fireman of a volunteer Fire Department
as defined in N.J.S.A. 45:24-9 and 24-10, possessing a license in
conformity with said law.
D. Any public utility or its employees, which said public utility is
subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification
badge or card issued by their employer.
E. Any person selling fruits and farm products grown by himself, with
or without the help of others.
F. Any person engaged in the delivery of goods, wares or merchandise
or other articles or things, in the regular course of business, to
the premises of persons who had previously ordered the same or were
entitled to receive the same by reason of a prior agreement.
G. Any school, political or civic organization, benevolent society,
service club or organization not for profit which is located in or
has a substantial membership from the Borough.
As used in this article, the following terms shall have the
meanings indicated:
SOLICITOR
Includes itinerant vendors of merchandise who shall go from
door to door or from house to house in this Borough selling, causing
to be sold, offering for sale or causing to be offered for sale or
taking orders for present or future delivery of merchandise of any
description whatsoever, and shall include persons going from door
to door for the purpose of obtaining alms, orders or subscriptions
or making canvasses or surveys or other solicitations.
[Amended 4-11-2006 by Ord. No. 843; 4-12-2016 by Ord. No. 1050; 10-9-2018 by Ord. No. 1098]
Every peddler or solicitor shall deposit with the Borough Clerk
a license fee in the sum of $150 per permit, plus a fee of $10 to
cover the cost of producing a photo ID badge. Thereafter, the peddler
or solicitor shall be issued an identification badge or button for
use while peddling or soliciting in the Borough of Barrington. All
permits shall be valid for a period of six months and shall expire
six months after the date issued.
[Amended 10-9-2018 by Ord. No. 1098]
A. No one shall be permitted to peddle or solicit before 9:00 a.m. on
any weekday.
B. No one shall be permitted to peddle or solicit after 9:00 p.m. on
any weekday.
C. No one shall be permitted to peddle or solicit on any Sunday.
[Amended 10-9-2018 by Ord. No. 1098]
A. The Police Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Police Clerk that
peddling, soliciting, canvassing, hawking and door-to-door sales enterprising
as set forth in this article are not permitted on the premises (hereinafter
referred to as the "Do Not Knock Registry"). Notification shall be
by completion of a form available at the Police Department office
during normal business hours.
B. Any owner and/or occupant who has requested enlistment on the Do
Not Knock Registry, pursuant to this section herein, shall be able
to obtain from the Police Department office a sticker for display
at his/her/its premises indicating enlistment on the Do Not Knock
Registry.
C. Owners and/or occupants who are placed on the Do Not Knock Registry
at their request shall remain on the Do Not Knock Registry until such
time as they advise the Police Clerk, in writing, that they wish to
be removed from the list.
D. The Police Clerk shall distribute the current Do Not Knock Registry
to a licensee under this article at the time of issuance of a license
to peddle, solicit, canvas, hawk or otherwise door-to-door sell pursuant
to the provisions of this article. The Do Not Knock Registry provided
to licensees shall only include the physical address of the enlisted
premises. The licensee shall not peddle, solicit, canvas, hawk or
conduct door-to-door sales at any premises identified on the then
current Do Not Knock Registry.
Any such registration certificate so issued may be revoked by
the Police Department for violation of this article or any other ordinance
of the Borough regulating solicitors, canvassers or itinerant vendors
of merchandise or for any false information given in said application.
[Amended 4-8-1983 by Ord.
No. 455]
Any person violating any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, Article
III.
[Adopted 7-14-1998 by Ord. No. 710]
Except for charitable organizations duly permitted in accordance
with this article and other applicable law, no person shall stand
in or beside any public road or right-of-way to stop, impede, hinder
or delay the progress of a vehicle, or to otherwise interact with
the occupants of any vehicle on any public road or right-of-way, for
the purpose of soliciting the purchase of goods, merchandise or tickets,
or for the purpose of soliciting contributions for any cause, and
the only question of law and fact in determining guilt under this
section shall be whether goods, merchandise or tickets were tendered
or offered for sale, or whether a contribution was solicited.
All charitable organizations as defined in N.J.S.A. 45:17A-20
who desire to solicit contributions in roadways situate in the Borough
of Barrington shall file an application for a permit with the Borough
Clerk on a form supplied by said Clerk specifying the following information:
A. Name and tax identification number of the applicant organization.
B. Address of the applicant organization.
C. Telephone number of the applicant organization.
D. Contact person for the applicant organization, including name, address
and day and evening phone number.
E. Specific location or locations of proposed charitable solicitation.
F. Dates and times of proposed charitable solicitation.
G. If said request pertains to a location or locations on any county
highway or intersection of a county highway, said application shall
include a copy of an authorization from the Camden County Board of
Chosen Freeholders to permit said charitable solicitation.
H. Identify the manner in which the motorist solicitation will be conducted
and the procedures to be used to ensure the safety of the members
of the public who will be traveling the roadways situate in the Borough
of Barrington.
I. Such other information as may be required or is otherwise deemed
necessary by the Borough Clerk in order to process the application.
[Amended 4-8-2003 by Ord.
No. 772]
A. Upon the filing of a complete application in accordance with the
provisions of this article, the Borough Clerk shall forward a copy
of the application to the Chief of Police and to the Superintendent
of the Public Works Department. The Chief of Police and Superintendent
of the Public Works Department shall review the application and shall
provide the Borough Clerk with any recommendations regarding the same.
B. Upon review and approval by Borough Council, the Borough Clerk shall
issue a permit to allow the event including as a condition of the
permit any recommendations made by the Chief of Police, Superintendent
of the Public Works Department and/or the Borough Council. The permit
shall also be subject to any conditions imposed by law. In cases where
the event requires county or state approval, the permit issued hereunder
shall be conditional, subject to approval by the county and/or state.
All approved charitable solicitations shall be conducted in
accordance with N.J.S.A. 39:4-60 and the regulations promulgated thereunder
(presently codified at N.J.A.C. 16:40-1.1 et seq.) and including the
following:
A. Solicitation shall be subject to the specific terms and conditions
of each permit granted. Such permit shall be in possession of the
solicitor during all times of solicitation and shall be available
for inspection by the Police Department and/or other officials upon
request.
B. No person shall solicit charitable contributions on a state highway
or intersection thereof without approval from the New Jersey Department
of Transportation (NJDOT), via the issuance of a charitable solicitation
permit. Such permit shall be in the possession of the solicitor during
all times of solicitation and be available for inspection by local,
county and state police enforcement personnel.
C. Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of flagmen shall be prohibited.
D. The solicitor shall not install any traffic control devices.
E. Parking of vehicles shall comply with applicable traffic regulations.
F. Signage shall be in accordance with NJDOT regulations (presently
codified at N.J.A.C. 16:40-6.1).
G. All solicitors shall wear safety vests that are in accordance with
NJDOT standards.
H. Solicitation shall only be permitted during daylight hours.
I. Each person soliciting charitable contributions on behalf of the
charitable organization shall be at least 18 years old.
J. Solicitors shall not drink alcohol beverages, use drugs or be under
the influence of drugs or alcohol when soliciting. Solicitors shall
not harass the public.
K. Solicitation shall be permitted in the right-of-way, but is encouraged
to be off the traveled way.
L. The charitable organization shall be responsible for cleaning up
any debris resulting from the solicitation activity, including trash
or debris in the right-of-way.
M. The Police Department shall be responsible for supervising solicitation
activity and enforcing the terms of the solicitation permits (both
local and the NJDOT permit if applicable). The Police Department may
suspend solicitation operations at any time if the permit is violated
or if, in the police officer's sole discretion, traffic is being
impeded or delayed or the public safety is at risk.
N. The Borough shall not be liable in any civil action for damages for
property damage or personal injury resulting from any accident arising
out of or in the course of solicitations.
O. No more than two permits per calendar year shall be issued to a charitable
organization for solicitation under this article.
[Added 4-8-2003 by Ord.
No. 772]
P. No more than one permit per calendar month shall be issued to any
charitable organization for solicitation under this article, except
that two permits may be issued during the calendar month of April
to any charitable organization(s) for solicitation under this article.
[Added 4-8-2003 by Ord.
No. 772]