[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway 11-14-1991 by Ord. No. 29-91. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 241.
The following definitions shall apply in the interpretations and the enforcement of this chapter:
- ADVERTISING MATERIALS
- Handbills, posters, circulars, pamphlets and other written or printed matter or advertising merchandise of any kind or nature.
- The public sale of personal property to one who offers to pay the highest price.
- One who auctions personal property or one whose business is holding auctions.
- The Borough of Rockaway.
- CHARITABLE ORGANIZATION
- Any benevolent, philanthropic, patriotic, political, religious, not-for-profit or eleemosynary group, association or corporation which solicits and collects contributions for charitable purposes.
- CHARITABLE PURPOSE
- 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."
- PEDDLER or SOLICITOR
- A peddler, hawker, vendor, canvasser or solicitor and shall include any person traveling by foot, wagon, motor truck, motor vehicle or any other type of conveyance carrying, conveying or transporting merchandise, taking or attempting to take orders for sale of merchandise or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the merchandise or service, or making sales and delivering such merchandise or service to purchasers and whether or not he is collecting advance payments on such sales. Mobile vendors of frozen products only, such as ice cream, frozen ices or frozen confectionary products, and wholesaler salesmen calling on retail merchants are specifically excluded from the definition of "peddler or solicitor."
- Includes the singular and the plural and any person, firm or corporation, association, club, partnership, society or any other organization.
- PERSONAL PROPERTY
- Any goods, wares, works of art, commodity, compound or thing, chattels or merchandise.
- Includes wagons, carts, trailers, motor trucks, motor vehicles, service dispensers or other type of conveyance.
It shall be unlawful for any peddler, solicitor or auctioneer as defined in § 187-1 of this chapter to engage in such activity within the Borough of Rockaway or any person not a resident within the Borough to post, circulate or distribute or cause to be posted, circulated or distributed advertising materials without first obtaining a license as provided herein.
All applicants shall pay the license fee required by § 187-5, 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, if applicable:
The name and a description of the applicant, including date of birth, driver's license number and social security or tax identification number.
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.
The name and address of the employer, firm or person represented, together with credentials establishing the exact relationship.
A brief statement of the nature of the business and a description of the merchandise or service to be sold or distributed.
The character of the property, goods, wares or merchandise and estimated amount of property which the applicant will sell at auction.
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
If the licensed activity is an auction, the name of the owner of the premises upon which the auction will take place.
If applying for an auctioneer's license, a statement as to whether the applicant holds or has held an auctioneer's license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any such authority has ever refused to issue or to renew an auctioneer's license to the applicant, together with a brief statement as to the reasons for any such refusal; and a statement as to whether any such authority has ever revoked an auctioneer's license held or previously held by the applicant, together with a brief statement as to the reasons for any such revocation. The term "auctioneer's license" as used in this section shall be held to include in its meaning any special permits to conduct an auction.
The length of time for which the license is required.
If a vehicle is to be used, a description of such vehicle and its license number.
The days of the week and the hours of the day during which the licensed activity will be conducted.
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.
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.
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic offenses, the nature of the offense and the punishment and/or penalty imposed.
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate the same.
Applications by partnerships shall be signed by all partners with the information required by this chapter supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this section relating to each employee or agent who shall engage in the licensed activity and shall be signed by said employee or agent.
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 welfare. The Chief shall cause the investigation to be made within a reasonable time and shall certify to the Mayor and Council whether or not the moral character and business responsibility of the applicant is satisfactory.
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:
Conviction of a crime relating adversely to any licensed activity 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:
The nature and duties of the business for which a license is sought.
The nature and seriousness of the crime.
Circumstances under which the crime occurred.
The date of the crime.
The age of the person when the crime was committed.
Whether the crime was an isolated or repeated incident.
Social conditions which may have contributed to the crime.
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.
Prior violation of a peddling or soliciting ordinance or conduct of an auction sale or offering for sale at an auction any property in the Borough in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
Previous fraudulent acts or conduct.
Record of breaches of soliciting contracts.
Misrepresentation or false statement contained in the application for license.
Concrete evidence of bad moral character.
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.
The license issued hereunder shall contain the signature of the issuing officer and shall show:
The name, address and photograph of the licensee.
The class of license issued.
The kind of merchandise, services or property to be sold or distributed or auctioned thereunder.
The date of issue.
The length of time the license shall be operative.
The license number and other identifying description of any vehicle used in the peddling, soliciting or auctioning activity licensed.
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 as provided in Chapter A263, Fees, as a deposit for said badge, refundable to said applicant upon return to the Police Chief.
No more than a total of 10 yearly licenses shall be issued, no more than one per person. Peddlers, solicitors and auctioneers 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. The right to renew shall not be assigned or transferred and shall be forfeited if not renewed within the ten-day period prior to expiration.
Licenses for distribution of advertising materials shall be limited to daily licenses.
No license shall be issued where any person who would use the proposed license is under 16 years of age.
The nonrefundable fee to be paid by each applicant at the time of submitting an application for a license shall be as provided in Chapter A263, Fees. For the purposes of this chapter, a week shall constitute any six consecutive days, excluding Sundays.
Every holder of a 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 Rockaway.
Every such licensee shall restrict his selling activity within the Borough to the hours between 9:00 a.m., prevailing time, and sundown on Mondays through Saturdays and 1:00 p.m. through 5:00 p.m., prevailing time, on Sundays 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.
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 and persons distributing advertising materials are not required to carry said insurance.
Every applicant for an auctioneer's license shall file with the Borough Clerk a surety bond running to the Borough in an amount to be determined by the Mayor and Council, not to exceed $2,000, with corporate surety authorized to do business in the state. The bond shall be conditioned so that the licensee will comply fully with all the provisions of the ordinances of the Borough and the statutes of the state concerning auctions and auctioneers, will not practice any fraud or deceit upon bidders or purchasers of property at any auction sale conducted by the licensee or suffer or permit any person in his employ to practice any such fraud or deceit and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of the licensee, his agents or employees in the conduct of any auction or in the exercise of the calling of auctioneers. In lieu of the surety bond, the applicant or licensee may provide a cash bond. Any bond provided in accordance with this section shall be first approved as to form by the Borough Attorney before any license shall be issued.
When parked on a time-regulated public street, a peddler, solicitor, auctioneer or person distributing advertising materials must obey all existing parking ordinances.
Vehicles moved or parked on public streets in connection with any operation covered by this chapter must comply with all state and motor vehicle laws.
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.
Peddlers and solicitors are prohibited from serving drivers or passengers of vehicles and are only allowed to serve pedestrian customers.
Peddlers and solicitors are prohibited from the use of temporary public utility hookups without prior approval of the Construction Code Official.
No peddler or solicitor, auctioneer or person distributing advertising material or 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.
The vehicle used by a peddler or solicitor shall contain all merchandise and equipment and shall not exceed six feet in length and/or four feet in width.
Peddlers, solicitors or auctioneers 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 with the licensing authority. No peddler or solicitor shall conduct or attempt to conduct his business on any residence or on any privately owned property on which is posted a sign expressly prohibiting such activity.
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.
Peddlers, solicitors, auctioneers or persons distributing advertising materials shall not stop or park any vehicle in such a manner as to block any advertisement, display or entrance to an existing store.
Peddlers, solicitors, auctioneers or persons distributing advertising materials 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.
Peddlers, solicitors, auctioneers or persons distributing advertising materials 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.
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 Rockaway to enforce provisions of this chapter and to require any person seen peddling, soliciting, auctioning or distributing advertising materials who is not known by such officer to be duly licensed to produce his 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 all convictions for violations of this chapter and other pertinent circumstances and incidents reported to the Chief of Police.
Licenses issued under this chapter may be revoked by the Chief of Police after reasonable notice and hearing, for any of the following causes:
Fraud or misrepresentation in any application for a permit or license.
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
Violation of any of the provisions contained in this chapter governing peddling, soliciting, auctions and distribution of advertising materials.
Conviction of any crime or offense relating adversely to any of the activities covered by this chapter as determined according to the procedure and based upon the considerations set forth in § 187-4 of this chapter.
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.
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.
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 § 187-3 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 this chapter or in the decision with reference to the revocation of a license as provided in this chapter shall have the right of appeal to the Borough Council of the Borough of Rockaway. 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 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 this chapter, the applicant shall be provided with a written explanation based upon consideration of the factors enumerated in this chapter.
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.
The requirements of this chapter shall not apply to the following:
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.
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.
Any charitable organization, as defined in § 187-1, 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 § 187-3, provided that a sworn application is filed with the Chief of Police, which shall give the following information:
The name and purpose of the cause for which the permit is sought.
The name and address of the organization.
The period during which solicitation is to be carried on.
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.
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 as provided in Chapter A263, Fees, 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 Rockaway Borough 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.
It shall be unlawful for an auctioneer to sell any personal property at an auction in the Borough of Rockaway without first obtaining a permit. No permit shall be granted except for the purpose of a bona fide liquidation of an existing business located within the Borough and the sale at an auction of such property as actually existed within the Borough prior to the application for a permit and utilized in the applicant's business.
All applicants shall pay the permit fee as required by § 187-18, if applicable, and file with the Borough Clerk a sworn written application, in duplicate, on forms to be provided by the Borough Clerk, which shall give the following information:
The number and date of the applicant's auctioneer's license issued by the Borough.
The full name of the applicant and the capacity in which he acts (i.e., owner, executor, trustee, etc.).
The residence and mailing address of the applicant.
The place in the Borough where the business is conducted and the auction will occur.
If the applicant is a corporation and, if so, the location of the registered office in the state and the name of the registered agent.
The nature of the applicant's business or the type of business the applicant represents.
The kind and nature and the estimated amount of property to be sold at the auction.
The estimated period of time for which the permit is requested.
The applicant for a permit required by this chapter shall file with his application a certificate of the Fire Department signed by the Chief of the Department stating that the premises to be covered by the permit has sufficient exits, fire escapes and other facilities to reasonably provide adequate and sufficient protection from fire and other sources of danger to persons attending the auction.
The applicant for a permit required by this chapter shall pay to the Borough, upon the filing of the application with the Borough Clerk, a fee as provided in Chapter A263, Fees.
The permit shall be limited, if issued, to the location and property specified in the application and shall not exceed a period of 60 days from the date of issuance.
Any permit granted in accordance with this chapter shall be conspicuously displayed at the permitted place of the auction, as shall the license of the auctioneer when engaged at any location.
No person holding a permit to conduct an auction shall use or employ an individual as an auctioneer unless the individual has obtained an auctioneer's license as provided in this chapter.
No auction shall be permitted except at the place of business of the person or his principal applying for a permit to conduct such auction.
No auction shall be conducted except in an enclosed building nor shall any loudspeaker or other amplifying device be maintained or operated so as to project any sound outside of the building.
It shall be unlawful for any permittee or the agent or employee of any permittee or any licensed auctioneer to falsely represent the character, quality, condition, value or ownership of any goods or to make any statements relating thereto likely to receive a prospective bidder.
No auctioneer shall accept false bids from any person in the employ of himself or others.
It shall be unlawful for any person to do the following:
Act as a by-bidder or what is commonly known as a "capper" or "booster" at any public auction.
Offer or make false bids on any personal property exposed or offered for sale at such auction.
Pretend to buy anything at any public auction sale in order, in any manner, to stimulate such sales by any deceit or misrepresentation in the making of bids or offers for the purchase of any personal property exposed or offered therein for sale.
The Mayor and Council may issue a special permit to a local charitable organization without fee and without bond upon being satisfied that the requested auction will be held to further the purpose of the applying organization or for other charitable purposes, provided that the permit shall be for a period not exceeding seven days and provided that the Mayor and Council shall be satisfied that the auction can and will be conducted in such a manner as not to endanger the health, safety, convenience and general welfare of the public.
The Mayor and Council may issue a special permit to a bona fide resident of the Borough for the purpose of selling, by auction, the personal property of said resident upon being satisfied that the sale will not include any business property. The permit may allow the sale to be conducted at some other location than the residence of the applicant, but in any event the Mayor and Council shall be satisfied that the auction can and will be conducted in such a manner as not to endanger the health, safety, convenience and general welfare of the public. No fee or bond shall be required for such special permit, which permit shall be for a period not exceeding seven days.
Before the denial of a special permit as referred to in this section, notice and a hearing shall be accorded the applicant as prescribed by this chapter.
[Amended 8-24-2006 by Ord. No. 15-06]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $2,000, imprisonment for not more than 90 days and/or 90 days' community service, all in the discretion of the Court.