[HISTORY: Adopted by the Borough Council
of the Borough of Eatontown 7-23-1969 as Ch. 51 of the 1969 Code.
Amendments noted where applicable.]
It shall be unlawful for peddlers, solicitors
or canvassers, as herein defined, to conduct their business or in
any way solicit except under the conditions as provided in this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who goes from house to house selling or taking
orders or offering to sell or take orders for goods, wares, merchandise
or any article for future delivery, or for services to be performed
in the future or for the making, manufacture or repair of any article
or things whatsoever, for future delivery, or for the solicitation
of money for any purpose whatsoever.[1]
Any person commonly referred to as a "peddler" or "hawker,"
who goes from house to house and carries with him goods, wares and
merchandise for the purpose of selling and delivering them to a consumer
or consumers, but shall not include the distribution of religious
material without charge.
[1]
Editor’s Note: The former definition
of “distributor of religious material,” which definition
immediately followed this definition, was repealed 3-24-2004 by Ord.
No. 7-2004.
[Amended 3-24-2004 by Ord. No. 7-2004]
A.
No peddler, solicitor or canvasser shall sell or dispose
of, or offer to sell or dispose of, or solicit for, any wares, goods,
merchandise or services within the Borough of Eatontown without first
having obtained a license therefor in accordance with the provisions
of this section, and without having paid the license fee as hereinafter
prescribed, which license shall expire on December 31 of the year
of the issuance.
B.
An exception to the requirement of a license includes
peddlers, solicitors, canvassers or distributors whose sole purpose
is to act on behalf of or for benefit of any recognized nonprofit
religious, charitable, educational, civic or political organization
or purpose.
[Amended 10-10-1973 by Ord. No. 17-73; 3-24-2004 by Ord. No. 7-2004; 6-9-2010 by Ord. No. 12-2010]
Any person applying for a license under this
section shall file with the Police Department of the Borough of Eatontown,
in forms to be provided by it, an application for such license, together
with the license fee of $50 for initial license and $25 for renewal
of a license issued for the immediate prior year, which fee shall
be returned if such license is rejected. Any person desiring a license
as a peddler, solicitor or canvasser shall furnish the following information
on the forms to be supplied by the Police Department:
A.
Name of applicant;
B.
Permanent home address of applicant;
C.
Name and address of the firm or organization represented;
D.
Length of time the license is desired;
E.
Description of wares, literature or matter to be distributed
or offered for sale;
F.
Photograph of the applicant taken within the period
of one year proceeding the application and not more than two inches
square in size;
G.
Letter from the firm or organization for which the
applicant purports to work, authorizing the applicant to act as its
representative;
H.
The number, if any, of either arrests or convictions
for misdemeanors, crimes or other infractions of the law in the nature
of a criminal offense, and the nature of the offense for which arrested
or convicted;
I.
All applicants required to obtain a license shall
file three business references.
A.
Following the filing of any application for a license
under the provisions of this chapter, the Police Department of the
Borough of Eatontown shall conduct an investigation to ascertain the
truth of the statements made by the applicant upon his application.
If, upon completion of such investigation, it appears that the statements
made upon the application are true, that if the applicant is a peddler,
solicitor or canvasser and has not been convicted of any crime or
misdemeanor involving moral turpitude and if the applicant has not
been convicted of a prior violation of this chapter, the Police Department
shall thereafter proceed to issue the license for which the application
was made.
B.
For peddlers, solicitors or canvassers, the license
issued shall not authorize any person, except the designated person
named in said license, to engage in such peddling, soliciting or canvassing.
A separate license must be obtained by a licensed peddler, solicitor
or canvasser for every agent or employee working for him.
C.
If the application shall be for the renewal of a license
or the issuance of a license on the basis of proof of fingerprint
clearance in another municipality, the application shall be granted
within 24 hours, unless at that time the investigation has revealed
reasons for the denial of the same. If the application shall be for
an initial license and not based upon fingerprint clearance obtained
in another municipality, the license shall issue within 60 days, unless
the investigation at that time shall have revealed reasons why said
license should not be issued.
[Added 10-10-1973 by Ord. No. 17-73]
D.
Where a background check is required, there shall
be, in addition to the application fee, a background check/fingerprinting
fee, chargeable to the applicant, at the current rate charged to the
Borough of Eatontown by any outside contractor used by the Borough
for background check/fingerprinting requirements, accompanied by the
solicitor's application and any photos or documents required
by state law.
[Added 3-24-2004 by Ord. No. 7-2004 amended 4-24-2013 by Ord. No.
02-2013]
Every person holding a license under the provisions
of this chapter shall display the same as follows:
A.
Any person holding a license authorized by this chapter
shall be required to carry said license with him at all times, and
in door-to-door canvassing or soliciting, he must hand the license
to the person being solicited or canvassed, for inspection at the
time said license holder first approaches the individual.
[Amended 3-24-2004 by Ord. No. 7-2004]
Peddling, soliciting and canvassing shall be
permitted only between the hours of 9:00 a.m. and sunset, Monday through
Sunday.
[Amended 3-24-2004 by Ord. No. 7-2004]
Any person, firm or corporation violating any
of the provisions of this chapter shall, upon conviction thereof,
be punished by a fine of not more than $1,250; imprisonment for a
term not exceeding 90 days; a period of community service not exceeding
90 days; or any combination thereof. In addition thereto, the Mayor
and Council may revoke any license granted hereunder, or may suspend
any license granted hereunder, after a reasonable opportunity for
the licensee to be heard, for any violation of the provisions of this
chapter or any other ordinance of the Borough of Eatontown which may
affect the operation of the licensee’s business. In connection
with the violation of this chapter, each day that each violation continues
shall be deemed and taken to be a separate and distinct offense and
violation thereof.
[Added 9-25-2019 by Ord. No. 20-2019]
A.
General provisions.
(1)
The Police Department shall maintain a list of addresses of those
premises where the owner and/or occupant has notified the Police Department
that peddling, canvassing or soliciting are not permitted on the premises
(hereinafter referred to as the "No-Knock Registry"). A request by
owners or occupants to be included on the No-Knock Registry shall
be by completion and submission of a form made available by the Police
Department. The list shall be updated on January 15 and July 15 of
each year.
(2)
Any owner and/or occupant who has requested enlistment on the No-Knock Registry, pursuant to Subsection A(1) herein, shall be able to purchase, for a fee of $5 a sticker for display at his/her/its premises indicating enlistment on the No-Knock Registry.
(3)
The Police Department shall distribute the current No-Knock Registry
to a licensee at the time of issuance of a license to peddle, canvass
or solicit pursuant to the provisions of this section. The licensee
shall not peddle, canvass or solicit at any premises identified on
the current No-Knock Registry.
B.
Hours and restrictions.
(1)
No solicitor, canvasser, hawker, or peddler shall conduct door-to-door
business or canvassing outside of the hours of 10:00 a.m. to 6:00
p.m. or sundown (whichever is earlier).
(2)
No solicitor, canvasser, hawker or peddler shall enter private property
where a sign is posted stating: "No Solicitation" or "No-Knock" or
a similar message clearly evidencing a resident's intent that
their property not be entered for such purposes.
(3)
Any person subject to the provisions of this section shall be responsible
for any minors, aged 16 and under, participating in any peddling or
soliciting under the terms of this section, and shall ensure that
such minors shall be accompanied by an adult at all times.
(4)
All persons licensed under this section shall use only the front
door of any resident and shall be prohibited from using or knocking
on any side door or back door and also shall be prohibited from entering
the side yard or back yard of any property, unless the property owner/occupier
provides a sign directing to an appropriate door.
D.
Violations and penalties.
