[HISTORY: Adopted by the Borough Council
of the Borough of Medford Lakes 7-25-1968 by Ord. No. 84. Amendments
noted where applicable.]
A.
PEDDLER or HAWKER
SOLICITOR or CANVASSER
ITINERANT MERCHANTS or TRANSIENT VENDORS
PERSON
When used in this chapter, the following terms shall
have the following meanings:
Includes any person, whether a resident of the Borough of
Medford Lakes or not, who goes from house to house, from place to
place, or from street to street, conveying or transporting goods,
wares or merchandise and offering or exposing the same for sale, or
making sales and delivering articles to purchasers.
Includes any person, whether a resident of the Borough of
Medford Lakes or not, who goes from house to house, from place to
place or from street to street soliciting or taking or attempting
to take orders for sale of services, goods, wares or merchandise,
including magazines, books, periodicals, photographs or personal property
of any nature whatsoever for future delivery or for services to be
performed in the future, whether or not such individual has, carries,
or exposes for sale a sample of the subject for such order, or whether
or not he is collecting advance payments on such orders.
Defined in the category of hawker, peddler, solicitor or
canvasser as set forth above.
Includes any partnerships, partner, corporation or corporations,
or persons.
B.
This chapter shall also include any person who distributes
circulars or any other matter from house to house in the Borough of
Medford Lakes.
A.
It shall be unlawful for any hawkers, peddlers, canvassers
or solicitors, as defined in this chapter, to engage in any such business
or operations in the Borough of Medford Lakes without having first
obtained a license therefor, in compliance with the provisions of
this chapter, and, in any event, only in accordance with the terms
and provisions of this chapter and only in parts or locations of the
Borough of Medford Lakes as permitted herein.
B.
Prior to the issuance of any license or permit to
any licensee, said prospective licensee shall file with the Borough
Clerk of the Borough of Medford Lakes a bond to the said Borough of
Medford Lakes in the amount of $1,000, which said bond shall be executed
by the proposed licensee, as principal, and a surety company licensed
to do business in the State of New Jersey, which said bond shall be
in accordance with and for the purposes provided in N.J.S.A. 45:24-5,
and which said bond shall remain in force for the term of the license
to be issued and shall be conditioned as follows:
(1)
To indemnify and pay the Borough of Medford Lakes
any penalties or costs incurred in the enforcement of any of the provisions
of this chapter and to indemnify or reimburse any purchaser of personal
property from the licensee in a sum equal to at least the amount of
any payment such purchaser may have been induced to make through the
misrepresentation as to the kind, quality or value of the personal
property, whether the misrepresentations were made by the licensee
or said licensee's agents, servants, or employees, either at the time
of making the sale or through any advertisement printed or circulated
with reference to such personal property or any part thereof.
(2)
The aforesaid bond shall be declared forfeited, upon
proof of falsification in the application for a license.
(3)
Said bond shall be deemed forfeited upon proof of
the violation of any of the provisions of this chapter by the licensee
or said licensee's agents, servants or employees.
C.
Prior to the issuance of any license or permit to
any licensee, said prospective licensee shall file with the Borough
Clerk of the Borough of Medford Lakes an instrument in writing nominating
and appointing the Borough Clerk his true and lawful agent with full
power and authority to acknowledge service or notice of process for
and on behalf of the prospective licensee in respect to any matters
connected with or arising out of the license and the bond given as
required by the provisions of this chapter, or for the performance
of the conditions of the bond or for any breach thereof. Such instrument
shall contain recitals to the effect that the prospective licensee
consents and agrees that service of any notice or process may be made
upon such event, and when so made shall be as valid as if personally
served upon the prospective licensee according to the laws of this
or any other state and waiving all claim or right of error by reason
of such acknowledgment of service or manner of service.
D.
All licensees who shall offer to sell edible foods
of any nature shall do so in a sanitary manner, including refrigeration
of perishable products as may be necessary, and all such licensees
shall be subject to such further regulations regarding the sale of
such products as may be promulgated from time to time by the Borough
of Medford Lakes, which regulations may specify the manner and type
of storage and display facilities, refrigeration requirements, handling
of waste materials and any other regulation as may be necessary to
protect to the fullest and reasonable extent the public safety, health
and welfare.
E.
No licensee shall canvass or solicit orders for any
articles from pedestrian or vehicular traffic if such canvassing or
soliciting shall in any way interfere with or impair the movement
of vehicular traffic on any public street or trail within the Borough
of Medford Lakes. Because of the preponderance of narrow width paved
roads or trails in the Borough of Medford Lakes, and the absence of
improved road shoulders, curbs and sidewalks, and the existence of
a real danger to children from vehicular traffic engaged in the sale
or distribution of goods or commodities having particular appeal to
children, no licensee shall sell, offer to sell or distribute edible
foods of any nature or any other goods or commodities from a motor
vehicle on the roads or trails of the Borough of Medford Lakes having
an average paved roadway of less than 25 feet.
F.
Before a licensee shall use a vehicle of any type,
or other mode of transportation in furtherance of the licensee's permitted
business, such vehicle or other mode of transportation shall be submitted
to the Borough of Medford Lakes Police Department for inspection and
approval as to fitness for intended use by said Police Department
and by a representative of the Health Department, and upon receipt
of written approval for use, the same shall remain with the vehicle
or other mode of transportation at all times, subject to inspection
upon request by any member of the Police Department of the Borough
of Medford Lakes, or any member of the public. Such vehicle or other
mode of transportation shall be subject to reasonable reinspections,
if requested by the Police Department or a representative of the Health
Department, to insure compliance with any statute, ordinance or health
regulation.
G.
Prior to the use of any motor vehicle in furtherance
of licensee's permitted business within the limits of the Borough
of Medford Lakes, the licensee shall file with the Borough Clerk a
certificate of insurance evidencing public liability insurance with
limits of liability of not less than $100,000 personal injury and
$25,000 property damage.
The terms of this chapter shall not be held
to include the acts of persons selling personal property, or the delivery
of personal property in the regular course of business to the premises
of persons ordering or entitled to receive the same, and nothing contained
herein shall be held to prohibit any sale required by statute or by
order of any court of competent jurisdiction.
Applicants for a license under this chapter
must file with the Borough Clerk a sworn application in writing, which
shall give the following information:
A.
Name and physical description of applicant.
B.
Complete permanent home and local address of the applicant.
C.
A description of the nature of the business and the
goods, services or wares to be sold.
D.
If employed, the name and address of the employer,
together with credentials therefrom establishing the exact relationship.
E.
The length of time for which the right to do business
is desired, and the days of the week and the hours of the day within
which the said business will be conducted.
F.
The source of supply of the goods or property or services
proposed to be sold, where such goods, services or products are located
and the method of delivery.
G.
Three recent photographs of the applicant, which shall
be approximately two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
H.
Appropriate evidence as to the good character and
business responsibility of the applicant as will enable an investigator
to properly evaluate such character and business responsibility.
I.
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, other than traffic violations, the nature of the offense
and the punishment or penalty assessed therefor.
J.
The applicant shall be fingerprinted, if requested
by the Chief of Police, who shall determine whether said fingerprints
are necessary for proper identification, which fingerprint records
shall be immediately processed for classification and identification.
K.
At the time of filing the application, a fee of $5
shall be paid to the Borough Clerk to cover the cost of investigation
of the facts stated therein.
L.
No license shall be issued until the application shall
have been approved by the Police Department, allowing adequate time
for investigation of the facts set forth in the application.
M.
Applications for partners shall be signed by all partners
with foregoing provisions of this section answered in detail as to
each said partner, and applications of corporations shall have attached
thereto individual statements, in accordance with all of the provisions
of this section relating to each and every employee, agent or servant,
who shall engage in any of the functions authorized by this chapter
and signed by each such agent, servant or employee, and full compliance
herewith by each such individual.
A.
Any person, organization, society or association 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 organizations
at any place or places within the Borough of Medford Lakes for a charitable,
religious, patriotic or philanthropic purpose shall be exempt from
provisions of §§ 171-4 and 171-7 of this chapter,
provided that there is filed a sworn application in writing with the
Borough Clerk which shall give the following information:
(1)
Name and purpose of the cause for which the permit
is sought.
(2)
Names and addresses of the officers and directors
of the organization.
(3)
Period during which solicitation is to be carried
on.
(4)
Whether or not any commission, fees, wages or emoluments
are to be expended in connection with such solicitation and the amount
thereof.
(5)
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.
B.
Upon being satisfied that such person, organization,
society or association is a religious, charitable, patriotic or philanthropic
organization, and that the agents or representatives who shall conduct
the solicitations are of good moral character and reputation, the
Borough Clerk shall issue a permit without charge to such organization,
association or corporation to solicit in the Borough. Such organization,
association or corporation shall furnish all its members, agents or
representatives conducting solicitation, credentials in writing, stating
the name of the organization, name of the agent and purpose of solicitation.
A.
Each application for a license, § 171-5 permit, or special veteran's permit shall be referred to the Chief of Police or officer in charge of the Police Department, who shall immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section, within a reasonable period of time after it has been filed by the applicant, but in no event before 72 hours has elapsed from the time of filing.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory
or the product or services are not free from fraud, the Chief of Police
shall endorse on such application his disapproval and his reasons
for the same and return the said application to the Borough Clerk,
who shall notify the applicant that his application is disapproved
and that no license will be issued.
B.
Any veteran who holds a special state license issued
under the laws of the State of New Jersey shall be exempt from securing
a license as provided herein for hawking and peddling, but shall be
required to comply with all other sections of this chapter applicable
and shall be required to procure from the Borough Clerk a special
veteran's permit which shall be issued by the Borough Clerk upon proper
identification.
C.
Any person to whom a valid mercantile license shall
have been issued under provisions of laws other than this chapter
shall be exempt from securing a license as provided in this section,
but said person or said person's employees, agents or servants shall
be required to comply with all other sections of this chapter and
shall be required to procure from the Borough Clerk a permit, upon
proper identification, and said compliance herewith.
Every person, society, association or organization
to whom a license is issued under the terms of this chapter shall
be governed by the following rules and regulations:
A.
All circulars, samples or other matter shall be handed
to an occupant of the property and not left on or about the same.
B.
No person subject to the provisions of this chapter
shall canvass, solicit or distribute circulars or other matter or
call from house to house except between the hours of 9:00 a.m. and
5:00 p.m. weekdays.
C.
No person subject to the terms of this chapter shall
enter or attempt to enter the lands or house of any resident in the
Borough of Medford Lakes without an express invitation from the occupant
of the house.
D.
No person subject to this chapter shall conduct themselves
in such a manner as to become objectionable to or annoy an occupant
of any house, and shall immediately depart from any private premises
upon the request of the owner or the occupant thereof to do so.
No licensee shall violate the provisions of Chapter 163, Noise, of the Code of the Borough of Medford Lakes prohibiting loud, unnecessary or unusual noises as more fully defined therein.
No licensee shall have any exclusive right to
any location in the public streets, nor shall any be permitted a stationary
location thereon, nor shall any be permitted to operate in a congested
area where such operation might impede, endanger or inconvenience
the public use of such streets. For the purpose of this chapter, the
judgment of the police officer, exercised in good faith, shall be
deemed conclusive as to whether the area is congested and the public
impeded, endangered or inconvenienced.
Licensees are required to exhibit their certificate
of license at the request of any citizen or member of the Police Department.
The Chief of Police shall report to the Borough
Clerk all convictions for violation of this chapter, and the Borough
Clerk shall maintain a record for each license issued and record the
reports of violation therein.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Borough Council of the Borough of Medford Lakes
after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation, or a materially incorrect
statement contained in the application for license.
(2)
Fraud, misrepresentation or a materially incorrect
statement made in the course of carrying on his business as solicitor,
canvasser or peddler.
(3)
Any violation of any provision of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, canvasser or solicitor,
as the case may be, in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license
shall be given by the Borough Clerk in writing, setting forth specifically
the grounds of complaint and the time and place of hearing. Such notice
shall be mailed, postage prepaid, to the licensee at his last known
address at least five days prior to the date set for hearing, or shall
be delivered by a police officer in the same manner as a summons at
least three days prior to the date set for hearing.
All licenses issued under the provisions of
this chapter shall be valid for 180 days from the date of issuance,
which expiration date shall be specified in the license.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
