[HISTORY: Adopted by the Mayor and Council
of the Borough of Norwood as Sec. 4-1 of the Revised General Ordinances.
Amendments noted where applicable.]
GENERAL REFERENCES
Unregistered or junked vehicles — See Ch. 224.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who goes from house to house or from place to
place, whether on foot or in a vehicle, purchasing or otherwise acquiring
or collecting old or secondhand metal, bottles, glassware, tinware,
paper, lumber, plumbing fixtures, dismantled or inoperable automobiles,
dismantled or inoperable machinery or any other thing which is no
longer used or useable for its intended purpose but which has value
because of the parts or materials it contains.
A group of persons, corporation or association organized
for philanthropic, charitable, religious, patriotic or other public
service purposes and not for private gain. Examples of nonprofit organizations
shall include volunteer fire departments and first aid squads, veterans
groups and organizations which assist the poor, the aged, the sick,
the physically handicapped or the mentally retarded, or which aid
victims of fire, flood or similar catastrophes. This enumeration is
intended to be typical only and shall not be construed as exclusive.
A person who goes from home to home or from place to place,
whether on foot or in a vehicle, selling and delivering goods and
services.
A person who goes from house to house or place to place to
advocate in favor of or against a candidate for public office or an
issue or activity of public interest.
[Added 10-11-2017 by Ord.
No. 17:13]
A person who goes from house to house or from place to place
selling merchandise by sample or by taking orders for future delivery
with or without accepting advance payments for the goods and regardless
of whether the solicitation is made by mail, telephone or personal
contact. The provisions of this chapter shall apply to the person
who comes in personal contact with the buyer whether he obtains the
order, delivers the goods or accepts money in payment for them. Solicitors
shall also mean any person who goes from house to house or from place
to place for the purpose of obtaining alms, contributions or subscriptions,
or who does research analyses, makes surveys or opinion polls, obtains
rating data or similar information, or who engages in any similar
work which involves a door-to-door or place-to-place activity.
The time of any day, expressed by hour and minute prevailing
time, as published by the Astronomical Applications Department of
the U.S. Naval Observatory, or its successor, for the Borough at location
W073 58, N 41 00.
[Added 6-12-2019 by Ord. No. 19:04]
A person in the business of selling personal property or
services who conducts his business from a fixed location, but who
does not intend to continue in business within the borough for at
least one year. A proprietor of a business which is seasonal in nature
who suspends business during the off season shall not for that reason
alone be considered a transient vendor.
[Amended 3-6-2007 by Ord. No. 07:05]
No person shall engage in business in the Borough
as a peddler, transient vendor, or junk dealer without first obtaining
a license and paying the required license fee in accordance with the
requirements of this chapter. The license shall be in the form of
a photo identification card issued by the Norwood Police Department.
Section 172-2 shall not apply to any of the following persons:
A.
Any person licensed by the Commissioner of Banking
and Insurance or the Real Estate Commission of the State of New Jersey.
B.
Persons selling personal property at wholesale to
dealers in such articles.
C.
Any sale required by statute or order of any court.
D.
Any person engaged in delivering merchandise or other
things in the regular course of business to the premises of the person
ordering or entitled to receive it.
E.
Any political solicitor soliciting votes for a bona
fide candidate for political office.
[Amended 10-11-2017 by Ord. No. 17:13]
F.
Exempt members of a volunteer fire department or first
aid squad as defined in the New Jersey Revised Statutes.
Veterans who hold a special state license issued
under the laws of the State of New Jersey, persons to whom a valid
mercantile license has been issued under the provisions of any law
or ordinance other than this chapter, physically handicapped persons
who are residents of the borough and persons selling products grown
on their own farms shall not be required to apply for or secure a
license, to pay any processing or license fee or to file a bond, but
shall comply with all other applicable provisions of this Code and
shall be required to possess a special permit which shall be issued
by the Borough Clerk upon the presentation of proper identification
and proof of their status.
[Amended by Ord. No. 89-0-18; 10-11-2017 by Ord.
No. 17:13; 6-12-2019 by Ord. No. 19:04]
A.
Persons wishing to be solicitors on behalf of nonprofit organizations
and political solicitors who intend to engage in any of the activities
for which a license otherwise would be required by this chapter will
not be required to apply for or secure a license or pay a license
fee, provided that there is filed with the Borough Clerk a sworn statement
containing the following information:
B.
Upon the filing of the statement referred to in Subsection A, the Borough will provide the person filing same with a copy of the list of excluded residences maintained pursuant to § 172-24. In lieu of the usual investigation of applicants for a license provided for in this chapter, the Chief of Police, or a police officer designated by the chief, will conduct whatever inquiry he or she considers necessary to determine that the organization in question is a bona fide nonprofit or political organization.
C.
Each person, representative, or agent of a nonprofit or political
organization will carry proper identification indicating the name
of the organization and his or her own name and address and will be
prepared to display this documentation upon request.
D.
Solicitors on behalf of nonprofit organizations and political solicitors
will comply with all other applicable provisions of this code, except
that they are permitted to carry on their activities any day of the
week between the hours of 9:00 a.m. and 9:00 p.m.
A.
Applications for a license under this chapter shall
be sworn to and contain the following information:
(1)
The name and permanent and local address of the applicant;
if the applicant is a corporation, the name and address of its registered
agent.
(2)
A complete physical description of the applicant,
if the applicant is a natural person, together with three recent photographs
approximately two inches by two inches showing the head and shoulders
of the applicant in a clear and distinguishing manner.
(3)
If the licensed activity is to be carried on at a
fixed location, the address and a description of the premises.
(4)
If a vehicle is to be used, its description, including
the license number.
(5)
If the applicant is employed by another, the name
and address of the employer, together with credentials establishing
the exact relationship.
(6)
The days of the week and the hours of the day during
which the licensed activity will be conducted.
(7)
A description of the nature of the business and the
goods, property or services to be sold or supplied.
(8)
A statement as to the location or source of supply
of any merchandise to be offered for sale and the method of delivery.
(9)
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than
traffic offenses and, if so, the date and place of conviction, the
nature of the offense and the punishment or penalty imposed.
(10)
Appropriate evidence as to the good character and
business responsibility of the applicant so that an investigator may
properly evaluate his character and responsibility.
B.
The applicant shall be fingerprinted if the Chief
of Police determines that fingerprints are necessary for proper identification.
Fingerprint records shall be immediately processed for classification
and identification.
C.
At the time of filing the application, a fee of $2
shall be paid to the Borough Clerk to cover the cost of an investigation
of the facts stated in the application.
D.
All applications shall be on forms furnished by the
borough. Applications by partnerships shall be signed by all partners
with the information required by this section supplied in detail as
to each partner, and applications of corporations shall have attached
individual statements containing all the information required by this
section relating to each employee or agent of the corporation who
shall engage in the licensed activity, and shall be signed by each
such employee or agent.
[Amended 6-12-2019 by Ord. No. 19:04]
A.
Each application will be referred to the Chief of Police, or a police
officer designated by the Chief, who will immediately institute whatever
investigation of the application's business responsibility and
moral character he or she considers necessary for the protection of
the public. The Chief will communicate these findings, in writing,
together with a recommendation that the application be granted or
denied, to the Mayor and Council within a reasonable time but no more
than three days after the application has been filed. The Mayor and
Councilmembers will consider the application at their next meeting
after receiving the report of the investigation.
B.
The Mayor and Council may, upon review of the application, refuse
to issue a license to the applicant for any of the following reasons:
(1)
The location and time of the activities described in the application
would endanger the safety and welfare of the applicant or its customers;
(2)
An investigation reveals that the applicant falsified information
on the application;
(3)
The applicant has been convicted of a felony, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances,
or any violent acts again persons or property; or
(4)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of application.
C.
If the Mayor and Council does not approve a license application,
the Borough Clerk will note the reasons for disapproval on the application,
and will notify the applicant that the application is disapproved
and that no license will be issued. Notice will be mailed to the applicant
at the address shown on the application form, or at the applicant's
last known address.
D.
If the Mayor and Council approves the license, the Borough Clerk
will then issue the license immediately, provided that the required
license fees have been paid.
Licenses shall be in a form which the Mayor
and Council shall prescribe by resolution and shall contain the following
information:
A.
The name and address of the licensee.
B.
The number of the license and the nature of the licensed
activity.
C.
The address at which the licensed activity is conducted,
if the activity is carried on in a fixed location.
D.
If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
E.
The expiration date of the license.
F.
Any other appropriate information which the Mayor
and Council may, by resolution, require.
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Mayor and Council and shall contain the same in formation as is required by § 172-8 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal and any other information which the Mayor and Council may, by resolution, require.
[Amended 3-6-2007 by Ord. No. 07:05]
All licensees shall wear and display the photo identification license required by § 172-2 on their outermost garment at all times while working in the Borough.
Every license shall apply only to the person,
location (where the activity is to be conducted at a fixed location)
and vehicle (where the activity is to be conducted from a vehicle)
to whom or to which it was issued and shall not be transferable without
the consent of the Mayor and Council.
All licenses shall expire on December 31 of
the year of issue at 12:00 midnight local time. Applications for the
renewal of licenses shall be made not later than December 1 of the
year of issue.
The fee for a license required by this chapter
shall be $25. Where the applicant is other than an individual, and
where more than two agents, employees or members of the applicant
are to carry on the licensed activity, there shall be an additional
fee of $5 per person for each person in excess of two who shall carry
on the licensed activity. Where more than one vehicle is to be used
by the applicant to carry on the licensed activity, there shall also
be an additional charge of $5 for each additional vehicle.
[Amended 6-12-2019 by Ord. No. 19:04]
No person licensed under this chapter may solicit
in the Borough before 9:00 a.m. or after 30 minutes after sunset on
any day. This section does not apply to licensees who are expressly
invited by residents of the Borough to come to their homes at any
time.
A.
All licensees who sell or deliver or display for sale
food and produce from vehicles which are wholly or partly open on
any side shall at all times keep the food and produce completely screened
or covered with satisfactory materials in order to prevent flies or
other insects from alighting around or upon any merchandise.
B.
All licensees selling, delivering or displaying for
sale seafood, meats, poultry or dairy products shall transport them
only in refrigerated vehicles. The products shall remain in the refrigerated
portion of the vehicle until the time of sale or delivery. The refrigerated
portion of the vehicle while in use shall be maintained at a temperature
low enough to completely safeguard all of the products from a health
and sanitary standpoint.
C.
No licensee shall at any time permit any waste products,
materials or parts of produce or other merchandise to remain in or
upon any street, roadway, curb or walk, but shall remove any debris
that may have fallen from his vehicle and place it immediately in
a leakproof metal container with a tight-fitting cover.
D.
All food or produce sold by any licensee shall at
the time of delivery be placed in bags or other suitable containers
when it is handed to the customer.
[Amended by Ord. No. 89-0-18]
Every person licensed under this chapter shall
conduct himself according to the following rules and regulations:
A.
He shall not enter or attempt to enter the house of
any resident of the borough without an express invitation from the
occupant of the house.
B.
He shall not conduct himself in a manner that is objectionable
or annoying to the occupant of any house.
C.
No licensee or any person acting on his behalf shall
shout, blow a horn, ring a bell or use any other sound-making or amplifying
device on any street, park or other public place or on any private
premises so that sounds are produced which can be plainly heard on
streets, avenues, parks or other public places for the purpose of
attracting attention to the licensee or to the activities carried
on by him.[1]
D.
In general, all licensees and any vehicles used by
them in the course of the licensed activity shall fully comply with
all of the provisions of this Code or other applicable municipal ordinances
and all applicable state laws or regulations, particularly those which
deal with the protection of the public health, safety and welfare.
A.
No licensee shall permit any debris, waste material,
rotting produce or similar matter to remain in or upon his vehicle
unless it is contained in a leakproof metal container provided with
a tight-fitting metal cover.
B.
No licensee shall transact business from his vehicle
unless it is properly parked immediately adjacent to the curb of a
public street in a permitted locality. No licensee shall at any time
double park his vehicle while transacting business nor transact business
other than on the curb side of his vehicle.
C.
Licensees selling food and produce shall prohibit,
to the extent reasonably possible, the eating of any merchandise directly
from their vehicles.
D.
Before a licensee selling food and produce uses any
vehicle in connection with his business, the vehicle shall be submitted
to the Borough Board of Health for inspection and approval relative
to compliance with this chapter. Whenever requested during the term
of the license, the licensee shall submit his vehicle for reasonable
reinspection. No vehicle shall be used by the licensee unless it has
been approved for use by the Board of Health. A certificate of written
approval shall remain in the vehicle at all times and shall be shown
by the operator to any member of the Police Department or any other
official of the borough who may request to see it.
E.
Any vehicle used in connection with any activity licensed
by this chapter shall have the name of the licensee printed on the
side of the vehicle in letters at least two inches high.
No licensee shall have an exclusive right to
any location in the public streets, nor shall he be permitted to a
stationary location on the streets or be permitted to operate in a
congested area where his operations may impede or inconvenience the
free flow of pedestrian and vehicular traffic. For the purpose of
this section, the judgment of a police officer, if reasonable and
made in good faith, shall be conclusive as to whether the area is
congested or traffic impeded or inconvenienced.
The Mayor and Council may, by resolution, make
rules and regulations which interpret or amplify any provisions of
this chapter or for the purpose of administering the provisions of
this chapter or making them more effective. No regulation shall be
inconsistent with, alter or amend any provision of this chapter, and
no regulation shall impose any requirement which is in addition to
or greater than the requirements that are expressly or by implication
imposed by any provision in this chapter.
Any license issued under the provisions of this
chapter may be revoked by the Mayor and Council after notice and a
hearing for any of the following causes:
A.
Fraud or misrepresentation in any application for
a permit or license.
B.
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
C.
A violation of any provision of this chapter or any
other provision of this Code or other ordinance of the borough applicable
to the licensed activity.
D.
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude.
E.
Conduct of the licensed activity whether by the licensee
himself or his agents or employees in an unlawful manner or in a manner
that constitutes a breach of the peace or a menace to the public health,
safety or welfare.
Notice of a hearing for the revocation of a
license or permit shall be given in writing by the Borough Clerk.
The notice shall specifically set forth the grounds upon which the
proposed revocation is based and the time and place of the hearing.
It shall be served by mailing a copy to the licensee at his last known
address by certified mail, return receipt requested, at least five
days prior to the date set for the hearing.
At the hearing the licensee shall have the right
to appear and be heard, to be represented by an attorney, to present
witnesses in his own behalf, to cross-examine opposing witnesses and
to have a permanent record made of the proceedings at his own expense.
If such a record is made, two copies shall be furnished to the borough
without charge. The Mayor and Council shall revoke or suspend the
license if they are satisfied by a preponderance of the evidence that
the licensee is guilty of the acts charged.
The Mayor and Council may issue another license
to a person whose license has been revoked or denied as provided in
this chapter if, after a hearing, they are satisfied by clear and
convincing evidence that the acts which led to the revocation or denial
will not occur again; otherwise, no person whose license has been
revoked or denied, nor any person acting for him, directly or indirectly,
shall be issued another license to carry on the same activity.
[Added by Ord. No. 89-O-18; amended 8-10-2016 by Ord. No.
16:16; 10-11-2017 by Ord. No. 17:13]
A.
The owners or occupants of any residential property or dwelling unit
who prefer not to be solicited by peddlers, solicitors, transient
vendors, junk dealers, or political solicitors may notify the Borough
Clerk of their intention in writing or by e-mail at any time.
B.
The Borough Clerk will maintain a list of the addresses of the properties as to which owners or occupants have sent the notice permitted by Subsection A. Each address will remain on the list unless the owners or occupants of the listed property notify the Borough Clerk in writing or by e-mail that they wish the property to be removed from the list. The Borough Clerk will update the list at least monthly. The inclusion of an address on the list will be deemed as the owner's or occupant's revocation of any privilege or license of third-party vendors or solicitors to enter or attempt to enter the property.
C.
Owners or occupants who have requested that their property be listed pursuant to Subsection A may post a notice for display on the premises stating that the property is on the Norwood exclusion list. The notice also may indicate which peddlers and solicitors, if any, may contact the owners or occupants, and the notice may read substantially as follows:
"These premises are listed on the Borough of Norwood's No-Knock List (Norwood Code § 172-24). You may not enter or attempt to enter these premises for the purpose of peddling or soliciting as defined by the Norwood Code § 172-1. Nonprofit charitable, political, and religious organizations and solicitors are included under this ordinance. Violations of Norwood Code § 172-24 may result in the revocation of any license issued for peddling and soliciting and a fine of up to $2,000 and/or up to 90 days of community service."
D.
The Borough Clerk will provide the addresses of the properties on the exclusion list, without the names of the occupants or owners, to those obtaining licenses pursuant to § 172-2 of this Code and to nonprofit organizations and political solicitors that have filed statements, or that are required to file statements, under § 172-5 of this Code.
