[HISTORY: Adopted by the Common Council of the City of Egg Harbor
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-14-1974 as Ch. 19 of the 1974 Code]
As used in this article, the following terms shall have the meanings
indicated:
Includes itinerant vendors of goods, wares and merchandise,
personal property of any nature whatsoever for present or future delivery
or services to be furnished or performed presently or in the future, who shall
go from door to door, from house to house or from street to street in this
city, selling, causing to be sold, offering for sale or causing to be offered
for sale, or taking orders for present or future delivery of goods, wares
and merchandise or other personal property of any description whatsoever or
the present or future performance of services, and shall include persons going
from door to door, house to house or street to street for the purpose of obtaining
alms, orders, subscriptions, making canvasses or surveys or other solicitations.
No person shall canvass, solicit or peddle or act as a canvasser, solicitor
or peddler from door to door within this City without first registering with
the Chief of Police of the City of Egg Harbor City as provided in this article.
Each such registrant shall, at the time of registering, give to the
Chief of Police, in writing, his/her name, residence address and such other
personal data as is required to identify him/her, together with two recent
photographs of his/her face, approximately 21/2 inches by 21/2 inches in size,
together with the purpose of his/her proposed canvassing, solicitation or
peddling; the route, date and approximate hours of his/her itinerary in this
City (which shall be between the hours of 8:00 a.m. and 5:00 p.m.); the name
and address of his/her employer, or if self-employed, the address of his/her
place of business; any prior convictions of crime, including the nature of
the offense, and his/her fingerprints, together with sufficient information
to determine whether or not the business he/she is to transact is interstate
or intrastate commerce.
Each registrant, upon being so registered, shall be issued a registration
certificate by the Chief of Police upon which shall be affixed one photograph
of the applicant, signed by the Chief of Police so that part of his/her signature
covers part of the photograph; provided, however, that no person who has been
convicted of a crime shall be issued any such certificate. Such registration
certificate shall be valid for one year from the date of its issuance.
Each registrant shall carry the registration certificate at all times
and shall exhibit it to any person upon request.[1]
No such registration certificate shall be issued to any person who has
not complied with any law of the State of New Jersey or ordinance of this
City regulating soliciting, canvassing, peddling or itinerant vendors of merchandise.
No person, whether registered or not, shall visit or call at any private
residence for the purpose of canvassing, solicitation or peddling, as defined
in this article, when banned by the householder by a sign bearing words to
the effect that canvassers, solicitors or peddlers are not invited or are
prohibited.
Any such registration certificate so issued may be revoked by the Chief
of Police for violation of this article or any other ordinance of the City
regulating solicitors, canvassers, peddlers or itinerant vendors of merchandise,
for any false information given in said application or for the conviction
of any crime.
No person shall canvass, solicit or peddle, within the meaning of this
article, before the hour of 8:00 a.m. or after the hour of 5:00 p.m.
License fees shall be paid by the registrant for each such registration certificate issued in the amount provided in Chapter 174, Licenses.
[Amended 8-26-1999 by Ord. No. 16-1999]
Each and every person violating any of the provisions of this article
shall be subject, upon conviction thereof, to a fine not exceeding $1,000,
a term of imprisonment not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof, in the discretion of the
Judge before whom said conviction shall be had. The continuation of such violation
for each successive day shall constitute a separate offense, and each person
continuing or allowing or permitting the continuation of a violation may be
punished as provided above for each separate offense.
This article is in addition to any other ordinance or ordinances regulating
itinerant vendors of merchandise, solicitation, canvassing or peddling within
the City of Egg Harbor City.
[Adopted 6-26-1997 by Ord. No. 8-1997]
[Amended 5-22-2003 by Ord. No. 6-2003]
The City of Egg Harbor City shall permit charitable organizations, as
defined in Section III of P.L. 1994, c. 16 (N.J.S.A. 45:17A-20) and located
within the confines of Egg Harbor City, to solicit contributions on the roadways
and highways of the City of Egg Harbor City in accordance with the provisions
contained herein.
All charitable organizations herein who wish to solicit contributions
in the roadways and highways of the City of Egg Harbor City shall file a request
with the City Clerk and the Director of Public Safety of the City of Egg Harbor
City, specifying the following information:
A.
Name of organization.
B.
Address of organization.
C.
Telephone number of organization.
D.
Contact person of organization.
E.
Location of proposed charitable solicitation.
F.
Dates and times of proposed charitable solicitation.
G.
If said request involves a county roadway and/or highway,
said request shall include a copy of an authorization from the Atlantic County
Board of Chosen Freeholders to permit said charitable solicitation.
H.
If said request involves a state roadway and/or highway,
said request shall include a copy of an authorization from the State of New
Jersey Commissioner of Transportation to permit said charitable solicitation.
I.
List of all proposed safety regulations, safety devices
and training for individuals who shall participate in the charitable solicitation
and/or a report as to the procedures to be used to ensure the safety of the
members of the charitable organization and the members of the public who will
be traversing the roadways and/or highways of the City of Egg Harbor City.
J.
Any charitable organization requesting authorization
from the City of Egg Harbor City for charitable solicitation must demonstrate
proof of commercial general liability insurance with a minimum single limit
of not less than $500,000 each occurrence with a $1,000,000 general aggregate
limit. The policy shall include coverage for bodily injury, property damage,
and personal injury. A certificate of insurance in a form acceptable to the
City of Egg Harbor City shall be presented to the City Administrator prior
to the commencement of the charitable solicitation.
[Added 5-22-2003 by Ord. No. 6-2003]
Said request shall be reviewed by the Director of Public Safety of the
City of Egg Harbor City, and said Director shall make a recommendation to
the Mayor and Common Council of the City of Egg Harbor City as to the relative
aspects of the request, including a review of the location, dates and times
of the request and a review of the safety procedures and/or methods to be
employed by said charitable organization. Said Director of Public Safety shall
thereafter forward a report to the Mayor and Common Council of the City of
Egg Harbor City as to his/her opinion to the granting, rejecting or modification
of any proposed charitable solicitation. All charitable organizations that
are located within the confines of Egg Harbor City shall be limited to engage
in two solicitations within the calendar year.
In no event shall any charitable organization requesting authorization
from the City of Egg Harbor City for said charitable solicitation use any
individual under the age of 18 years to perform any function or task associated
with said charitable solicitation in any roadway.
Any charitable organization requesting authorization from the City of
Egg Harbor City for said charitable solicitation shall comply with all of
the terms and conditions of N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter
82, approved April 30, 1997.
This article is adopted pursuant to N.J.S.A. 39:4-60, as amended by
P.L. 1997, Chapter 82, approved April 30, 1997.
