Township of Egg Harbor, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor 12-18-2013 by Ord. No. 39-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 142.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 129, Hawkers, Peddlers, Canvassers and Solicitors, adopted 8-11-1975 as Sections 5-2 and 5-3 of Ch. 5 of the former Revised Ordinances, as amended.
As used in this article, the following terms shall have the meanings indicated:
PEDDLER
Any person, whether a resident of the Township or not, traveling by foot, cart, motor vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, merchandise, food or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers. Vendors are included.
It shall be unlawful for any person to engage in the business of a peddler within the corporate limits of the Township without first obtaining a license.
The annual license fee for a peddler shall be $100 per year. The license year shall be from January 1 to December 31.
A. 
No peddler shall have an exclusive right to any location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
B. 
No license or permit which includes use of a vehicle shall permit the licensee to sell from the same location on a public roadway to within the area of 100 feet from that location for a period of more than one hour.
No person shall sell, offer for sale, or peddle in the Township any of the items listed in § 129-1 before 9:00 a.m. or after sundown.
It shall be the duty of any police officer of the Township to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of this article against any person found to be violating the same.
A. 
This article shall not be construed to include:
(1) 
The delivery of newspapers or such other necessary merchandise of the type commonly delivered on a house-to-house basis at intervals of less than one week.
(2) 
Federal census takers and polls or surveys taken pursuant to federal, state or local laws.
B. 
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application for a license but shall be required to comply with all other applicable sections of this article.
The equipment used or employed by peddlers of ice cream, food, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to the inspection of the Board of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.
As used in this article, the following terms shall have the meanings indicated:
SOLICITOR
A person, also known as a "canvasser," whether a resident of the Township or not, traveling either by foot, cart, motor vehicle, or any other type of conveyance, from place to place, from house to house or from street to street, who takes or attempts to take orders for sale of goods, merchandise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale and whether or not he accepts an advance payment for the goods. Any person taking a poll or a survey from house to house or on the streets, or distributing advertisements or handbills, is included.
It shall be unlawful for any solicitor or canvasser to engage in such business within the Township without first obtaining a license.
This article shall not apply to any person giving alarm of fire or similar emergency warning, discharging a governmental duty, distributing literature on behalf of a candidate for public office or making calls as part of a service to which the occupant of the house subscribes.
In addition to the information required by Chapter 142, Mercantile Licensing, § 142-2, the application for a solicitor's license shall indicate the place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time of application and the proposed method of delivery. The applicant shall also provide personal identification data, including height, weight, identifying marks and two photographs, approximately 2 1/2 inches square, of his face.
The annual fee for a solicitor's license shall be $100 per year. The license year shall be from January 1 to December 31.
No soliciting or canvassing activity shall be conducted before 9:00 a.m. or after sundown. No licensee shall solicit at any residence or other building when barred by the householder by a sign with words to the effect that solicitors are not invited or are prohibited.
Any duly incorporated organized society, civic club or fraternal organization sponsoring any social or amusement affair to raise funds strictly for charitable purposes shall be exempt from the payment of any license fee by the Township; however, a permit shall be secured from the Township. The application shall set forth the specific purpose for which the proceeds of the affair shall be devoted and shall set forth the place and date where the social or amusement affair shall be held.
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.