[HISTORY: Adopted by the Township Committee
(now Township Council) 3-8-1961; amended in its entirety 7-5-2005 by Ord. No. 17-2005.
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any movable truck, van, trailer, bicycle or other movable
unit, including hand-carried, portable containers in or on which food
or beverage is transported, stored or prepared for retail sale or
given away at temporary locations.
An organization, person or entity possessing a tax exempt
status which shall be evidenced by furnishing to the Township of Logan
a tax exempt number provided by the State of New Jersey and/or government
of the United States.
A person, commonly referred to as a "peddler," "hawker,"
"vendor," "salesman" or "itinerant merchant," who goes from place
to place or house to house by traveling on the streets and carries
with him goods, wares, merchandise or other things of value for the
purpose of selling and delivering them to consumers.
Includes any partnerships, partner, corporation or corporations,
or persons except as defined in § 123-12C.
A person who goes from house to house selling or buying goods,
wares, merchandise or other things of value by sample or by taking
orders for future delivery or selling a service, with or without acceptance
of an advance payment for the goods, wares, merchandise, or other
things of value or service.
A person who, whether a resident of the Township or not,
engages in a temporary business within the Township of selling and
delivering goods, wares, merchandise or services within the Township
and who, in furtherance of such purpose, hires, leases, uses or occupies
any building, structure, motor vehicle, tent, railroad, boxcar or
boat, public rooms in hotels, lodging houses, apartments or shops,
parking lot, sidewalk, street, alley or other place within the Township
for the exhibition and sale of such goods, wares and merchandise,
either privately or at public auction.
The purpose of this chapter is to prevent dishonest
business practices, to provide for traffic and pedestrian safety by
regulating the use of the streets and property adjacent thereto by
itinerant or transient merchants, to prevent extended parking or trespassing
on private or public property, to prevent violations of the Township
Zoning Ordinance and, in the case of mobile food vendors, to prevent
violations of the State Sanitary Code, to protect traffic and pedestrian
safety and prevent violations of the Motor Vehicle Code, and to generally
provide for the safety of the residents of this community in the best
interest of their welfare.
It shall be unlawful for any peddler, hawker,
vendor, canvasser, salesman, solicitor or transient merchant defined
above to engage in such activity within the Township of Logan without
first obtaining a license therefor in accordance with the provisions
of this chapter.
A.
Applicants for a license under this chapter shall
file with the Township Clerk a sworn application in writing on a form
to be furnished by the Township Clerk, which shall provide the following
information:
(1)
The name or names of the person or persons having
the management or supervision of the applicant's business during the
time that it is proposed that it will be carried on in the Township.
(2)
The local address or addresses of such person or persons
while engaged in such business.
(3)
The capacity in which the person or persons will act
(that is, whether as proprietor, agent or otherwise).
(4)
If a firm or corporation, credentials from the applicant
authorizing the applicant to act as such representative or agent.
(5)
The name and address of the person, firm or corporation
for whose account the business will be carried on, if any, and if
a corporation, under what laws of what state is it incorporated.
(6)
The place or places in the Township where it is proposed
to carry on the applicant's business and the length of time during
which it is proposed that the business shall be conducted.
(7)
The place or places, other than the permanent place
of business of the applicant, where the applicant, within the six
months preceding the date of the application, conducted a transient
business, stating the nature thereof and giving the post office and
street address of any building or office in which such business was
conducted.
(8)
A brief description of the nature and the character
of the business, the quality of the goods, wares or merchandise by
the applicant in the Township.
(9)
Whether or not the person or persons having the management
or supervision of the applicant's business have been convicted of
a crime, misdemeanor or the violation of any municipal ordinance,
the nature of such offense, and the punishment assessed therefor.
(10)
A photograph of the applicant taken within 60 days
immediately prior to the date of the filing of the application.
(11)
Whether or not orders are to be solicited or taken
for future delivery of goods or performance of service.
(12)
Such other reasonable information as to the identity
or character of the person or persons having the management or supervision
of the applicant's business or the method or plan of doing such business
as the Chief of Police may deem proper to fulfill the purpose of this
chapter in the protection of the public good.
B.
The applicant
shall also provide the Township Clerk with a fingerprint-based criminal
history record check completed within 30 days of the date of application.
Instructions for obtaining a criminal history record may be obtained
from the New Jersey State Police online at: https://nj.gov/njsp/criminal-history-records/.
[Added 5-17-2022 by Ord. No. 11-2022[1]]
C.
Any license issued herein for door-to-door solicitation
shall prohibit such activity before the hour of 9:00 a.m. and after
6:00 p.m.
D.
All such applications shall be filed at least 30 days
from the scheduled date of the activity for which an application is
sought.
A.
Upon receipt of such application, the Township Clerk
shall forward the application to the following: Chief of Police.
B.
The Chief of Police shall cause to be made such investigation
of the applicant's criminal history, if any, business responsibility
and moral character as he or she deems necessary for the protection
of the public welfare.
[Amended 5-17-2022 by Ord. No. 11-2022]
C.
If, as a result of such investigation, the applicant's
criminal history, character or business responsibility is found to
be unsatisfactory, the Chief of Police shall so certify, in writing,
within five to seven days, his disapproval and his or her reasons
for same to the Township Clerk, who shall so notify the applicant
that his/her application has been denied.
[Amended 5-17-2022 by Ord. No. 11-2022]
D.
If as a result of such investigation the character
and business responsibility of the applicant is found to be satisfactory,
the Chief of Police shall so certify in writing, within five to seven
days, to the Township Clerk.
E.
The Township Clerk, upon receipt of all such written
certifications, shall then issue a license. The Township Clerk shall
keep a full record in his/her office of all licenses issued. Such
records shall contain the number of the license, the date the same
is issued, the nature of the business authorized to be carried on,
the amount of the license fee, the expiration date of such license,
the place where said business may be carried on under said license
and the name or names of the person or persons authorized to carry
same.
F.
The license badge will be issued by the Logan Township
Police Department.
A.
A fee of $55 shall be paid by each applicant upon
the issuance of each license, except as otherwise provided by law.
(1)
If a firm or corporation, an additional fee of $15
will he charged for each representative and/or agent carrying on the
business of peddling and/or soliciting in the Township of Logan, for
investigation and issuance of additional license badges.
B.
Licenses may be renewed for a fee of $30 per year.
All licenses issued must be worn in such a manner
as to be readily visible when engaged in activities regulated herein.
All licenses issued under this chapter shall
carry a duration of one year and will expire one year from the date
of issuance. Licenses shall not be transferable and must be surrendered
after expiration before a renewal license can be issued.
A.
A license issued under this chapter may be revoked
by the Chief of Police or his or her designee for any of the following
causes:
(1)
Misrepresentation or false statement contained in
the application for the license.
(2)
Misrepresentation or false statement made in the course
of carrying on activities regulated herein.
(3)
Conviction of any crime or misdemeanor involving moral
turpitude.
(4)
Conducting business of soliciting and canvassing in
an unlawful manner, in violation of this chapter or in such manner
to constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
Any person aggrieved by the action of the Chief of Police or the Township Clerk in the denial of an application for a permit provided in § 123-5, or in the decision with reference to the revocation of a license as provided in § 123-9, shall have the right of appeal to the Township Council of the Township of Logan. Such appeal shall be taken by filing with the Township Council, within 14 days after the action complained of, a written statement setting forth fully the grounds for the appeal. The Township Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in writing. Such notice shall be served personally upon the licensee or mailed postage prepaid to the licensee at the addresses given by the licensee in making application under § 123-4 herein, at least five days prior to the date set for hearing. The decision and order of the Township Council on such appeal shall be final and conclusive.
The equipment used or employed by peddlers,
hawkers and vendors of ice cream, foods, beverages, confections and
other related commodities shall be maintained in a clean and sanitary
manner and be subject to inspection by the Board of Health and fully
comply with the laws of the State of New Jersey, the rules and regulations
of the State Department of Health, the ordinances of Logan Township
and the rules and regulations of the Board of Health.
It shall be unlawful for any transient merchant,
itinerant merchant, peddler, hawker, canvasser, vendor or solicitor
to sell, buy, dispose of or offer to sell or dispose of any goods,
wares, merchandise, or other things of value or services in or on
any portion of the public right-of-way.
A.
This chapter shall not apply to:
(1)
Any person conducting a sale pursuant to statute or
court order.
(2)
Any person soliciting a vote or support for any political
candidate or program.
(3)
Any person engaged in delivering goods, wares, merchandise
or other articles or things in the regular course of business to the
premises of a person ordering or entitled to receive same.
(4)
Any person delivering or soliciting newspapers.
(5)
Any person conducting a sale within a multiple transient
merchant facility, defined as a facility in which groups of transient
merchants as defined above band together to conduct functions commonly
known as trade shows, craft shows and similar functions within the
facility for the same dates and times.
B.
Any veteran who holds a special license issued under
the laws of the state of New Jersey shall be exempt from securing
a license or paying the fee as provided herein but shall be required
to comply with all other applicable sections of this chapter and shall
be required to register with the Township Clerk and obtain a permit
which will be issued by the Clerk upon proper identification and exhibition
of such state license.
C.
Exempt organizations.
(1)
Any nonprofit religious, charitable, educational, civic or veterans organization, society, association, service club, volunteer first aid or fire company, etc., desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the Township of Logan for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of §§ 123-4, 123-5 and 123-6, provided that there is filed a sworn application in writing with the Township Clerk or Chief of Police, which shall provide the following information:
(a)
Name and purpose of the cause for which relief
is sought.
(b)
Name and address of organization.
(c)
Name and address of each agent or representative
who will conduct solicitations and the length of time that said agent
or representative has been employed or affiliated with such organization,
society, association or corporation.
(2)
Upon being satisfied that such person, organization,
society, association, etc., is a bona fide nonprofit religious, charitable,
educational, patriotic or philanthropic organization and that the
agents or representatives who shall conduct the solicitations are
of good moral character and reputation, the Township Clerk or Chief
of Police shall issue a permit without charge to such organization,
association or corporation to solicit in the Township. Such organization,
association, society, corporation, etc., shall furnish all its members,
agents or representatives conducting solicitation with credentials
in writing stating the name of the organization, name of the agent
and the duration and purpose of the solicitation.
D.
Any nonprofit religious, charitable, educational,
civic or veterans organization, society, association, service club,
volunteer first aid or fire company, etc., which is located in Logan
Township is hereby exempt from the provisions of this chapter.
[Added 10-4-2022 by Ord. No. 16-2022[1]]
A.
There is hereby established a No Knock Registry to be maintained
and updated monthly by the Township Clerk, including a list of addresses
of premises within the Township where the owner or occupant has notified
the Township that canvassing, soliciting, peddling, vending and door-to-door
sales are not permitted on the premises.
B.
Registrants seeking to be placed on the No Knock Registry may annually
register in person or by electronic means to be established by the
Township, upon payment of an annual processing fee of $5. The annual
processing fee for a senior citizen or veteran is $1. Upon registration,
the registrant will be issued a sticker to display at their premises
indicating their enrollment on the No Knock Registry, which the registrant
shall prominently post on their front door for the year registered.
The annual registration expires on December 31 of each year.
C.
A printed or electronic copy of the No Knock Registry shall be provided
to each licensee under this chapter by the Township Clerk during normal
business hours. It shall be the obligation of the licensee to obtain
a current, up-to-date copy of the No Knock Registry in effect at the
time of canvassing and soliciting.
D.
Any licensee disregarding or violating the No Knock Registry shall be banned from receiving a license for one calendar year from the date of violation and also subject to applicable penalties set forth in § 123-15. The existence or nonexistence of a "No Knock" sticker on the premises shall not be a defense to the requirements of this section.
[Amended 10-4-2022 by Ord. No. 16-2022]
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be punished by a fine
of not more than $2,000 or by a period of community service not exceeding
90 days, or both.
