As used in this chapter, the following terms
shall have the meanings indicated:
DISTRIBUTE
The handing out, leaving, giving out or placing of any item,
printed matter or object at any place or location within the Borough.
MERCHANDISE
In either marketable or sample form, including but not limited
to magazines, periodicals, books, orders or contracts for services,
goods or products and advertisements in any form.
NONPROFIT ORGANIZATION
A group of persons, corporation or association organized
for philanthropic, charitable, religious, patriotic or other public
service purposes and not for private financial gain.
[Added 12-15-2009 by Ord. No. 1470]
PEDDLER
Any person who goes from place to place by traveling on the
streets 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"
and "huckster."
SOLICITOR or CANVASSER
Any person who goes from place to place by traveling on the
streets 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 "canvassers," provided that this definition shall
not include wholesalesmen calling on retail merchants. It 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 will be used to assist
commercial activity.
No person shall canvass, solicit, sell, peddle
or distribute, from house to house or in any public or quasi-public
place, or call door to door, within the Borough, without having first
received a written permit, unless specifically exempted herein.
[Amended 9-20-2018 by Ord. No.
1751]
The Chief of Police shall cause such investigation to be made
of the applicant's business and moral character as the Chief
deems necessary for the protection of the public good. If, as a result
of such investigation, the applicant's history indicates that
the applicant is of such character as to provide a potential threat
to residents of Franklin Lakes if allowed access to their properties,
the Chief of Police may refuse to issue a permit. The Chief of Police
shall provide a description of all of the facts and reasons which
the Chief believes supports the Chief's, conclusion. The applicant
or the applicant's employer may appeal such decision to the Franklin
Lakes Public Safety Council Committee. After considering any information
submitted by the applicant or the applicant's employer, the Public
Safety Committee may, by a majority vote, either affirm or reverse
the decision of the Chief of Police. If, as a result of such investigation,
the applicant's character and business responsibility are found
to be satisfactory, the Chief of Police shall issue the permit for
the period requested in the application. All permits shall expire
12 months from the date the permit is issued.
The permit shall show the name and address of
the permittee; kind of goods or services to be sold or performed thereunder;
employer represented; date of issuance of permit; date and hour permit
is effective and expiration date and hour.
[Amended 5-15-2012 by Ord. No. 1544]
No canvassing, soliciting or other activities
controlled by this chapter shall be done except between the hours
of 9:00 a.m. and 9:00 p.m. on weekdays, 9:00 a.m. and 9:00 p.m. on
Saturdays, and 1:00 p.m. and 5:00 p.m. on Sundays. The permittee shall
carry the permit with him at all times while canvassing, soliciting
or engaging in any of the activities controlled by this chapter and
shall exhibit the same to any person upon request.
[Amended 12-15-2009 by Ord. No. 1470; 5-15-2012 by Ord. No. 1544]
The following persons shall be exempt from the requirements for a permit, except that all persons shall comply with the time limitations set forth in §
362-6 and the requirements of the Do Not Knock Registry set forth in §
362-13:
A. 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
ordering or entitled to receive the same.
B. All agents
acting on behalf of political, religious, charitable, and nonprofit
organizations.
C. Any public
utility or its employees, which public utility is subject to regulation
by the State Board of Public Utilities Commission.
D. The agent
of any governmental units while in the discharge of its duties or
obligations, provided that such person shall display the identification
badge or card issued by his employer.
E. Minor residents
of the Borough, under 18 years of age, who engage in solicitation
for and distribution of newspapers and magazines.
All references in this chapter to the Chief
of Police are intended to refer to the officer or individual in charge
of the Police Department, and in the absence of the Chief of Police
or where a Chief of Police has not been appointed, all the acts and
requirements of this chapter shall be performed by the officer or
individual in charge of the Police Department.
Every person licensed under the provisions of
this chapter shall be entitled to the use of one cart, wagon or other
vehicle for each license taken out by him and no more.
Any person licensed as aforesaid, engaged in
vending, hawking or peddling as aforesaid in the streets and public
places of the Borough, shall at all times carry with him, when so
engaged, his license and shall exhibit it on demand to any citizen
of the Borough.
[Added 12-15-2009 by Ord. No. 1470]
Except as provided in §
362-13 for violations of the requirements of the Do Not Knock Registry, any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine not to exceed $1,000.