[HISTORY: Adopted by the Mayor and Council
of the Borough of Madison 3-26-1990 by Ord. No. 12-90.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 139, Peddling and Soliciting, adopted 3-11-1968 by Ord.
No. 5-68 (Art. 55 of the 1970 Revised Ordinances); amended in its
entirety 6-14-1982 by Ord. No. 11-82.
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Madison.
Any benevolent, philanthropic, patriotic, political, religious,
not-for-profit or eleemosynary group, association or corporation which
solicits and collects contributions for charitable purposes.
Any charitable, benevolent, philanthropic, patriotic, political,
religious or eleemosynary purpose.
The promise or grant of any money or property of any kind
or value.
Includes all goods, wares, food, fruit, vegetables, farm
products, magazines, periodicals and all kinds of articles of personal
property for domestic use, including product samples. Orders of contracts
for a service home improvement or alteration and market and opinion
surveys or polls are, for the purposes of this chapter, deemed "merchandise."
Includes a peddler or solicitor who transports prepared food,
food-stuffs to be prepared or cooked prior to sale and beverages for
sale in the Borough by vehicle or pushcart, such food or beverage
to be sold to individual patrons while said vehicle is stopped or
parked. Mobile vendors of frozen products only, such as ice cream,
frozen ices or frozen confectionary products are specifically excluded
from the definition of "mobile food vendor."[1]
Any person who goes from place to place by traveling on the
streets and roads or from house to house carrying, conveying or transporting
goods, wares or merchandise for the purpose of selling and delivering
them to customers. The word "peddler" shall include the words "hawker,"
"huckster" and "vendor."
[Added 8-22-2011 by Ord. No. 26-2011]
Includes the singular and the plural and any person, firm
or corporation, association, club, partnership, society or any other
organization.
[Added 8-22-2011 by Ord. No. 26-2011]
Any person who goes from place to place by traveling on the
streets and roads or from house to house taking or attempting to take
orders for the sale of goods, wares and merchandise or personal property
of any nature whatsoever for future delivery or for services to be
furnished or performed in the future, including orders for improvements
to real property, whether or not such person has, carries or exposes
for sale a sample of the object to be sold and whether or not he is
collecting advance payments on such sales.
The word "solicitor" shall include the word "canvasser," provided
that this definition shall not include wholesalemen calling on retail
merchants.
A solicitor or canvasser also is deemed to be one who is not
in the business of selling goods, but one who makes surveys for research
purposes, analysis, opinion polls, rating data and any such similar
work, which, by nature, involves a door-to-door or place-to-place
activity, and shall include persons going from door to door or place
to place or being in or on any public or quasi-public areas of the
Borough for the purpose of seeking contributions, donations or alms
for any person or organization.
Includes wagons, carts, trailers, motor trucks, motor vehicles,
service dispensers or other type of conveyance.
[1]
Editor's Note: The former definition of "peddler or solicitor,"
which immediately followed this definition, was repealed 8-22-2011
by Ord. No. 26-2011.
It shall be unlawful for any peddler or solicitor, as defined in § 139-1 of this chapter, to engage in such activity within the Borough of Madison without first obtaining a license as provided herein.
All applicants shall pay the license fee required by § 139-5, if applicable, and file with the Police Department a sworn written application, in duplicate, on forms to be furnished by the Police Department which shall give the following information:
A.
The name and a description of the applicant, including
date of birth, driver's license number and social security or tax
identification number.
B.
The permanent home address and full local address,
if any, of the applicant. If the applicant is a corporation, the name
and address of its registered agent.
C.
The name and address of employer, firm or person represented,
together with credentials establishing the exact relationship.
D.
A brief statement of the nature of the business and
a description of the merchandise or service to be sold or distributed.
E.
If the licensed activity is to be carried on at a
fixed location, the address and description of the premises.
F.
The length of time for which the license is required.
G.
If a vehicle is to be used, a description of such
vehicle and its license number.
H.
The days of the week and the hours of the day during
which the licensed activity will be conducted.
I.
The place where the merchandise to be sold or offered
for sale is manufactured or produced, the place where such merchandise
is located at the time such application is filed and the proposed
method of delivery.
J.
A photograph of the applicant taken 60 days immediately
prior to the date of the application, which photograph shall clearly
show the head and shoulders of the applicant and shall measure two
inches by two inches.
K.
Each and every solicitor/peddler shall agree to be
fingerprinted for the purpose of verifying that he/she has no criminal
record. The fingerprint impressions will be taken by Sagem Morpho,
Inc. The necessary form and instructions will be handed out at the
time the application is filed with this Department.
[Amended 6-24-2013 by Ord. No. 23-2013]
L.
Appropriate evidence as to the good character and
business responsibility of the applicant so that an investigator may
properly evaluate the same.
M.
Applications by partnerships shall be signed by all partners with the information required by this § 139-3 supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by said employee or agent.
A.
Investigation; criminal background check.
[Amended 6-24-2013 by Ord. No. 23-2013]
(1)
Upon receipt of such application, the Chief of Police shall cause to be made such investigation of the applicant’s business and moral character as he deems necessary for the protection of the public good. The Chief of Police requires a criminal history background check to be conducted through Morpho-Trak, in accordance with § 34-18 of the Borough Code, for which each applicant/solicitor must complete prior to issuance of license. All fees required by Morpho-Trak will be paid by each individual applicant.
(2)
The
criminal background check from Morpho-Trak will be valid for a twelve-month
period. If applicants seek an additional solicitor permit after the
twelve-month period has expired, they will be required to have a criminal
history check for a noncriminal justice purpose through the New Jersey
State Police and pay the fees required directly to the New Jersey
State Police.
(3)
The
criminal history check shall be kept confidential. For purposes of
this background check, the Madison Police Department is hereby authorized
to have access to criminal history record information through the
State Bureau of Investigation.
B.
If, as a result of each 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 shall notify the applicant that his application is disapproved.
Any determination by the Chief of Police that an application is unsatisfactory
shall be based upon one or more of the following findings with respect
to the applicant:
(1)
Conviction of a crime relating adversely to the occupation
of peddling or soliciting, which shall be determined in accordance
with the provisions of N.J.S.A. 2A:168A-2 and set forth in a written
explanation provided to the applicant based upon consideration of
the following factors or any other factors:
(a)
The nature and duties of the business for which
a license is sought;
(b)
The nature and seriousness of the crime;
(c)
Circumstances under which the crime occurred;
(d)
The date of the crime;
(e)
The age of the person when the crime was committed;
(f)
Whether the crime was an isolated or repeated
incident;
(g)
Social conditions which may have contributed
to the crime; and
(h)
Any evidence of rehabilitation, including good
conduct in prison or in the community, counseling or psychiatric treatment
received, acquisition of additional academic or vocational schooling,
successful participation in correctional work-release programs, or
the recommendation of persons who have or have had the applicant under
their supervision.
(2)
Prior violation of a peddling or soliciting ordinance.
(3)
Previous fraudulent acts or conduct.
(4)
Record of breaches of soliciting contracts.
(5)
Misrepresentation or false statement contained in
the application for the license.
(6)
Concrete evidence of bad moral character.
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 his approval on the application
and deliver to the applicant his license. The Police Chief shall keep
a record of all licenses issued and all complaints received, if any,
concerning each license.
D.
The license issued hereunder shall contain the signature
of the issuing officer and shall show:
(1)
The name, address and photograph of the licensee.
(2)
The class of license issued.
(3)
The kind of merchandise or services to be sold or
distributed thereunder.
(4)
The date of issue.
(5)
The length of time the license shall be operative.
(6)
The license number and other identifying description
of any vehicle used in the peddling or soliciting activity licensed.
E.
The Police Chief shall issue to each licensee at the
time of the delivery of his license a badge which shall show the nature
of the license in letters and figures easily discernible. Such badge
must be worn constantly by the licensee in such a manner as to be
readily visible when engaged in the activities herein. Upon issuance
of said license and badge, each applicant shall pay to the Police
Chief the sum of $5 as a deposit for said badge, refundable to said
applicant upon return to the Police Chief. If the licensee fails to
return the badge to the Police Chief within 14 days after the expiration
date indicated on the badge, the licensee shall forfeit the deposit.
[Amended 7-9-1990 by Ord. No. 25-90]
F.
No more than a total of 10 yearly licenses shall be
issued; no more than one per person. No more than five yearly licenses
shall be issued to mobile food vendors. Peddlers and solicitors who
are already licensed by the Borough shall have 10 days prior to the
expiration date of the licenses to renew the same at the required
fee. This right to renew shall not be assigned or transferred and
shall be forfeited if not reviewed within the ten-day period prior
to expiration.
G.
No license shall be issued where any person who would
use the proposed license is under 16 years of age.
[Amended 8-22-2011 by Ord. No. 26-2011]
The nonrefundable fee to be paid by each applicant
at the time of submitting an application for a license shall be as
follows:
A.
For a weekly license: $75 per week. For the purposes
of this chapter, a "week" shall constitute any six consecutive days,
excluding Sundays.
B.
For a monthly license: $150 per month.
C.
For a yearly license: $500 per year.
D.
With respect to a peddler or solicitor conducting
his or her business door-to-door: $20 per day for a daily license.
A.
Every holder of a peddler's or solicitor's license
issued by the Police Chief under the authority of this chapter or
by the Clerk of the County of Morris under the authority of N.J.S.A.
45:24-9 shall be required to carry such license with him while engaged
in the business or activity licensed within the corporate limits of
the Borough. When the licensed activity is conducted at a fixed location
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. Each vehicle used shall display a license
tag bearing the words, "Sales License for the Year." In all other
cases the licensee shall have the license in his possession at all
times and shall display it upon the request of any citizen or official
of the Borough of Madison.
B.
Every such licensee shall restrict his selling activity within the
Borough to the hours between 9:00 a.m. and 9:00 p.m. and shall notify
the police officer on duty at least once in every week in which he
plans to conduct said activity, before commencing his selling, soliciting
or distributing activity. Such notification shall include a statement
of the general area of the Borough in which the licensee intends to
conduct said activity and a schedule of dates and times when said
activity shall be conducted. The licensee shall notify the police
officer on duty of any change in the area or time of solicitation,
should such changes be made during the week.
[Added 8-22-2011 by Ord. No. 26-2011]
C.
Every such licensee shall carry liability insurance
covering its operations in the minimum amount of $500,000 per loss
with the Borough named as an additional insured. Peddlers and solicitors
engaged in the door-to-door sale of merchandise are not required to
carry said insurance.
D.
When parked on a time regulated public street, a peddler
or solicitor must obey all existing parking ordinances.
E.
Vehicles moved or parked on public streets in connection
with a peddler's or solicitor's operation must comply with all state
and motor vehicle laws.
F.
No signs are to be erected or displayed without the
approval of the Zoning Code Official, except for signs on vehicles
that stipulate prices on food offered.
G.
Mobile food vendors must provide for the disposal
of recycling cans and/or bottles. Mobile food vendors are not to use
public receptacles for garbage attributable to that peddler's operation.
H.
Peddlers and solicitors are prohibited from serving
drivers or passengers of vehicles and are only allowed to serve pedestrian
customers.
I.
Peddlers and solicitors are prohibited from the use
of temporary public utility hookups without prior approval of the
Construction Code Official.
J.
No peddler or solicitor, nor any person in their behalf,
shall shout, cry out, blow a horn, ring a bell or use any sound device,
including any loudspeaking radio or sound amplifying system upon any
of the streets, alleys, parks or other public or private places in
the Borough to call attention to his business or to his merchandise.
K.
The pushcart used by a mobile food vendor shall contain
all merchandise and equipment and shall not exceed six feet in length
and four feet in width.
[Amended 5-11-1992 by Ord. No. 16-92]
A.
Stopping or parking on private property; nonsolicitation notices.
[Amended 8-22-2011 by Ord. No. 26-2011]
(1)
Peddlers/canvassers/solicitors shall not stop or park any vehicle
on privately owned property for the purpose of conducting a sale,
without having first filed a written authorization for the same from
the property owner.
(2)
Upon going onto any premises in the Borough, peddlers/canvassers/solicitors
shall first examine any notice, as described below, which may be attached
to said property and shall be governed by the statement contained
on any such notice by immediately and peacefully departing from the
premises.
(3)
It is hereby declared to be unlawful and shall constitute a nuisance
for any person to go upon any premises and ring the doorbell upon
or near any door or create any sound in any other manner calculated
to attract the attention of the occupant of such a residence for the
purpose of securing an audience with the occupant thereof and engaging
in soliciting, as herein defined, in defiance of any notice as defined
below.
(4)
Every person desiring to secure the protection provided by this § 139-7 shall notify the Borough of his or her desire to be placed on the nonsolicitation list maintained by the Chief of Police and/or shall exhibit upon or near the main entrance door to his or her residence a notice indicating the words "no solicitors" or "no soliciting." The letters shall be at least one inch in height, and the notice shall be at least three inches by six inches in size.
B.
Peddlers and solicitors may only park or stop for
the purpose of conducting sales in the Central Business District No.
1, Central Business District No. 2, General Business Area and Multi-Commercial
Use Area of the Borough; however, peddling and soliciting is not permitted
within the median strip on Waverly Place.
C.
A peddler or solicitor must not inhibit pedestrian
traffic and must have at least eight feet between the vehicle and
the curbline for pedestrian traffic.
D.
Peddlers or solicitors shall not stop or park any
vehicle in such a manner as to block any advertisement, display or
entrance to an existing store.
E.
Peddlers and solicitors shall not stop or park any
vehicle in an alleyway or walkway and shall not stop or park any vehicle
in such a manner as to block entrance to said alleyways or walkways.
F.
Peddlers or solicitors shall not park any vehicle
in such a manner as to block any municipal sign, public receptacle
for garbage, public bench or other public amenity.
G.
Peddlers and solicitors must have their intended location
approved by the Police Department prior to setting up operations.
The Traffic Safety Officer will examine the site to determine if public
safety is adversely affected by the location.
Licenses shall not be transferable and must
be surrendered upon expiration or upon the obtaining of a renewed
license.
It shall be the duty of any police officer of
the Borough of Madison to enforce provisions of this chapter and to
require any person seen peddling or soliciting, who is not known by
such officer to be duly licensed, to produce his peddler's or solicitor's
license. Where applicable, the Health Department should assist the
Police Department in enforcing the provisions of this chapter.
The Police Chief shall maintain a record of
all licenses issued under the provisions of this chapter and shall
record therein all convictions for violations of this chapter and
other pertinent circumstances and incidents reported to the Chief
of Police.
A.
Licenses issued under this chapter may be revoked
by the Chief of Police after reasonable notice and hearing, for any
of the following causes:
(1)
Fraud or misrepresentation in any application for
a permit or license.
(2)
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
(3)
Violation of any of the provisions contained in this Chapter 139 governing peddling and soliciting.
(4)
Conviction of any crime or offense relating adversely to the occupation of peddling or soliciting as determined according to the procedure and based upon the considerations set forth in § 139-4B(1) of this chapter.
(5)
Conducting the business of licensed activity, whether
by licensee himself or his agents or employees, in any unlawful manner
or in any manner that constitutes a breach of the peace or a menace
to the public health, safety or general welfare.
(6)
Whenever a license has been issued immediately upon
the application, pending the results of the investigation provided
for in this chapter, such license shall be summarily revoked if the
results of the investigation are such as would have resulted in the
denial of the application.
B.
Notice of hearing for a revocation of a license shall be given in writing setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under § 139-3 herein, at least five days prior to the date set for said hearing.
Any person aggrieved by the action of the Chief of Police in the denial of an application for a permit or license as provided in § 139-4 of this chapter or in the decision with reference to the revocation of a license as provided in § 139-11 of this chapter shall have the right of appeal to the Borough Council of the Borough of Madison. Such appeal shall be taken by filing with the Borough Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, 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 § 139-11 of this chapter for notice for hearing or revocation. The decision and order of the Borough Council on such appeal shall be final and conclusive. In accordance with N,J.S.A. 2A:168A-2, if the denial of an application or the revocation of a license or permit is upheld based upon the grounds set forth in § 139-4B(1) or 139-11A(4) of this chapter, and the applicant shall be provided with a written explanation based upon consideration of the factors enumerated in § 139-4B(1).
A.
Any veteran or exempt fireman of a volunteer fire
department holding a special license issued pursuant to N.J.S.A. 45:24-9
and 45:24-10 shall be exempt from procuring a license or paying the
fee as provided herein but shall be required to comply with all other
applicable sections of this chapter and shall be required to register
with the Police Chief and obtain a permit which will be issued by
the Police Chief upon proper identification and exhibition of such
state license.
B.
The requirements of this chapter shall not apply to
the following:
(1)
Any public utility or its employees, where 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.
(2)
Any person engaged in the delivery of 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.
C.
The requirements of this chapter shall not apply on
days when Borough events are scheduled, including Bottle Hill Day,
the Christmas Walk, Memorial Day Parade and other days specified by
the Mayor and Borough Council.
A.
Any charitable organization, as defined in § 139-1, desiring to solicit or having solicited in its name contributions or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise within the Borough for a charitable purpose shall be exempt from the provisions of §§ 139-3A through M, 139-4 and 139-5, provided that a sworn application is filed with the Chief of Police, which shall give the following information:
(1)
The name and purpose of the cause for which the permit
is sought.
(2)
The name and address of the organization.
(3)
The period during which solicitation is to be carried
on.
(4)
The name and address of each agent or representative
who will conduct solicitations and the length of time that said agent
or representative has been employed or affiliated with such organization,
society, association or corporation.
B.
Upon receiving the application set forth above, the
Chief of Police shall issue a license without charge to such organization,
association, society, corporation, etc., for each of their or its
representatives who will actually conduct the solicitations. Upon
issuance of said license, each applicant or agent or representative
of said applicant shall pay the sum of $5 as a deposit for the accompanying
badge, refundable to the applicant or his agent or representative
upon the return of the badge. Local charitable organizations with
principal headquarters in Madison shall be exempt from the requirements
of this subsection to obtain and pay the deposit fee for a badge for
each of its representatives conducting the solicitations who are 16
years of age or younger.
[Amended 6-10-1991 by Ord. No. 18-91]
A.
Penalties for specific violations. Penalties shall
be as follows:
[Amended 4-11-1994 by Ord. No. 5-94; 8-23-2004 by Ord. No.
42-2004]
|
Section Violated
|
Penalty
| |
|---|---|---|
|
§ 139-2
| ||
|
First offense
|
$123
| |
|
Second offense
|
$273
| |
|
Third offense
|
Court appearance required
| |
B.
Unless another penalty is expressly provided by statute
or is specifically provided in this or some other section of this
chapter, any person who violates any of the provisions of this chapter
or any supplement thereof or who commits a third or further offense
shall be punished by a fine of not more than $500 for each offense
or imprisonment in the county jail for a period not exceeding 15 days,
or both.
[Added 8-22-2011 by Ord. No. 26-2011]
A.
The Chief of Police shall collect, prepare and maintain a list of
addresses of those premises where the owner and/or occupant has notified
the Borough that he or she does not wish for any solicitor or canvasser
to enter upon his or her property for solicitation or canvassing purposes.
(1)
To be included on this nonsolicitation list, residents must complete
a form which will be made available through the Police Department
and must submit the completed form to the Records Department of the
Police Department.
(2)
This list shall be provided to all licensees.
(3)
No solicitor or canvasser shall enter upon any private property that
is included upon the nonsolicitation list.
B.
Violators of this section will be subject to a fine and/or suspension
or revocation of the license granted under this chapter.
