[HISTORY: Adopted by the Mayor and Council of the Township of North
Brunswick 12-4-2006 by Ord. No. 06-38.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 116.
Canvassing and soliciting — See Ch. 143.
Littering — See Ch. 216.
Loitering — See Ch. 219.
Peace and good order — See Ch. 238.
[1]
Editor's Note: This ordinance also repealed former Ch. 188, Hawking
and Peddling, adopted 7-20-1931, as amended.
The purpose of this chapter is to prohibit unfair competition and dishonest
business practice by the regulation of the conduct of and by the imposition
of license fees for revenue upon all hawkers, peddlers, transient merchants
and itinerant vendors of merchandise and goods and chattels of any kind. It
is also the purpose of this chapter to establish background checks for licensing
of all hawkers, peddlers, transient merchants and itinerant vendors and to
establish and set forth Do Not Drop and Do Not Knock Registries to regulate
the distribution of any unsolicited materials and solicitations in the Township
of North Brunswick.
A.
Any individual who owns and/or operates a peddling business
must first obtain a license from the Township Clerk.
B.
Employees of peddling businesses actively peddling within
the Township of North Brunswick must first obtain a permit from the Township
Clerk.
C.
Licenses and permits must be displayed in full view during
the course of business.
D.
Licenses/Permits must be renewed annually each calendar
year.
E.
Background checks will be conducted on a biennial basis
for each holder of a license or permit.
F.
It is the responsibility of the license holder to ensure
that each new employee who engages in the activities regulated by this chapter
completes an application and receives a permit.
G.
Holders of special licenses from the State of New Jersey
pursuant to the regulations of N.J.S.A. 45:24-9, as supplemented and amended
(honorably discharged veterans and exempt members of volunteer fire departments,
volunteer fire engineer, hook and ladder, hose supply company or salvage corps
of any municipality or fire district in the State of New Jersey who hold exemption
certificates issued to them), must fill out an application and pay for any
background checks with the New Jersey Division of State Police but shall be
exempt from any of the Township's administrative fees for background
checks hereunder. Only honorably discharged veterans who have resided in the
State of New Jersey for at least six months and in Middlesex County for at
least three months shall qualify for this exemption.
H.
All licenses and permits shall expire on the last day
of each calendar year.
I.
Upon termination of an employee, all permits of terminated
employees must be returned to the Township Clerk within 10 days of such termination.
J.
It shall be unlawful for any hawkers, peddlers, transient
merchants and itinerant vendors of merchandise to sell or dispose of any goods,
wares or merchandise, including bread, pies, cakes and any other bakery products,
milk, cream, cheese or any other dairy products, ice cream, confections, merchandise
and goods and chattels of any kind, within the municipality of North Brunswick
Township, Middlesex County, New Jersey, without first obtaining a license
and having paid the license fee hereinafter prescribed.
The Township Clerk is hereby authorized to issue any such license upon
the payment by the applicant of the proper fee therefor, as hereinafter provided.
Any person desiring a license or permit under this chapter shall file, on
a form to be supplied by the Township Clerk, an application with the Township
stating the following:
A.
License application:
(1)
Name of applicant's business.
(2)
Address of applicant's business.
(3)
Telephone number of applicant's business.
(4)
Name and social security number of applicant.
(5)
Applicant's home address and telephone number.
(6)
Date and place of applicant's birth.
(7)
Place or places of residence of applicant for the preceding
three years.
(8)
The kind and nature of merchandise to be sold or offered
for sale.
(9)
Whether or not the applicant will use or employ any vehicles
in connection with the operation of the business licensed under this chapter
and, if so, the number of vehicles, license plate number and description of
each vehicle.
(10)
Whether or not the applicant has ever been convicted
of a crime, misdemeanor or violation of any ordinance concerning peddlers
and/or hawkers and, if so, where and the nature of the offense or convictions.
(11)
All applications for licenses must be accompanied by
an approved fingerprint check from the North Brunswick Department of Public
Safety.
(12)
All applications must be accompanied by a signed peddlers
license authorization form.
(13)
Two passport-size photographs, one of which must be attached
to the license.
B.
Permit application.
(1)
Name of employer's business.
(2)
Address of employer's business.
(3)
Telephone number of employer's business.
(4)
Name and social security number of applicant.
(5)
Applicant's home address and telephone number.
(6)
Date and place of the applicant's birth.
(7)
Place or places of residence of the applicant for the
preceding three years.
(8)
The kind and nature of merchandise to be sold or offered
for sale.
(9)
Whether or not the applicant will use or employ any vehicles
in connection with the operation of the business licensed under this chapter
and, if so, the number of vehicles, license plate number and description of
each vehicle.
(10)
Whether or not the applicant has ever been convicted
of a crime, misdemeanor or violation of any ordinance concerning peddlers
and/or hawkers and, if so, where and the nature of the offense or convictions.
(11)
All applications for permits must be accompanied by an
approved fingerprint check from the North Brunswick Department of Public Safety.
(12)
All applications must be accompanied by a signed permit
application release authorization form.
(13)
Two passport-size photographs, one of which must be attached
to the permit.
A.
The license fee for peddlers who use or employ one or more wagons or other vehicles shall be $200 annually; except that holders of special licenses pursuant to § 188-2G shall be exempt.
B.
The license fee for peddlers who do not use or employ wagons or other vehicles, but carry their wares or goods about by foot, shall be $100 annually; except that holders of special licenses pursuant to § 188-2G shall be exempt.
C.
For initial license/permit application:
D.
For biennial (every two years) background check at renewal
for those who have had an initial background check completed:
Every such license shall remain in force and be valid only for the time
therein expressed and shall apply only to the person or persons to whom granted
and shall not be transferable.
Any person to whom such license is granted as herein provided is hereby
required to exhibit such license whenever called upon so to do, and every
person using any sort of receptacle or carrier of any kind or vehicle, whether
propelled by man power, animal power or any form of mechanical power, shall
be required to obtain from the Township Clerk a metal license plate bearing
the words "Township of North Brunswick, License Plate No. ______" and shall
be required to pay therefor, in addition to the fee hereinabove mentioned
for the issuing of the license and in addition to the license fee hereinafter
mentioned, the sum of $20.
The following persons are to be deemed outside the licensure requirements
of this chapter and are exempt from the licensing provisions and fee requirements
(except where noted) thereof:
A.
Any vendor of meat, milk, poultry or eggs.
B.
Any person selling only at wholesale, from sample, to
dealers in the wares, merchandise or goods sold.
C.
Any person selling newspapers or periodicals.
D.
Any person engaged in the business of selling goods,
wares or merchandise from a store or building in the Township.
E.
Any farmer or gardener selling goods of his own growth.
F.
Any federal census takers and polls or surveys taken
pursuant to federal, state or local law shall not be prohibited by this chapter.
A.
No person authorized to conduct a business of being a
peddler shall disturb the public by crying out his wares nor by creating a
nuisance, nor shall any such person remain or allow any vehicle or conveyance
to remain within 100 feet of any one residence building for a period of time
exceeding 15 consecutive minutes for the purpose of conducting such business.
B.
As used in this section, "residence building" shall mean
a detached dwelling used as a place of residence by not more than two families.
A.
Do Not Drop Registry. Pursuant to Chapter 143 of the Code of the Township of North Brunswick, Canvassing and Soliciting, there has been established a "Do Not Drop Registry" to be maintained in the Office of the Township Clerk.[1] The purpose of the Do Not Drop Registry is to permit residents
to bar the receipt of unsolicited or nonsubscribed printed materials at their
properties. Residents may register for such list by personal delivery, regular
mail or e-mail to the Township Clerk. After registration on the Do Not Drop
Registry, it shall be a violation of the terms of this chapter to distribute
such unsolicited or nonsubscribed materials to any registered person and/or
such person's property. No circulars, publications, handbills, brochures,
shoppers or flyers, whether of a commercial, religious or charitable nature,
shall be distributed to any properties which have been listed with the Do
Not Drop Registry, to be maintained at the Township Clerk's office.
B.
Distribution of unsolicited or nonsubscribed materials.
It shall be unlawful to place upon, deliver, deposit, throw upon, leave or
abandon within or upon any private property or public ways adjacent to private
property any circulars, publications, handbills, brochures, shoppers or flyers,
or other unsolicited commercial matter, printed or otherwise, of every kind
or nature whatsoever.
C.
Do Not Knock Registry. Pursuant to Chapter 143 of the Code of the Township of North Brunswick, Canvassing and Soliciting, there has been established a "Do Not Knock Registry" to be maintained in the Office of the Township Clerk. The purpose of the Do Not Knock Registry is to permit residents to bar any commercial solicitation, peddling or hawking taking place by foot, wagon, motor vehicle or any other conveyance on a door-to-door basis. Residents may register for such list by personal delivery, regular mail or e-mail to the Township Clerk. After registration on the Do Not Knock Registry, it shall be a violation of the terms of this chapter to visit any residences for commercial solicitation, peddling or hawking to any registered person and/or such person's property. No commercial solicitation, peddling or hawking of any nature or kind whatsoever shall be permitted on any properties which have been listed with the Do Not Knock Registry, to be maintained at the Township Clerk's office.
The provisions of this chapter shall not be applicable to the delivery
or personal solicitation of:
A.
Mail, parcels or packages by and in accordance with the
rules of the United States Postal Service.
B.
Parcels, packages and materials delivered by a commercially
recognized courier service or overnight express delivery agency, such as,
by way of example, Federal Express or United Parcel Service.
C.
Newspapers and other publications and periodicals if
subscribed to by the owner or occupant of the recipient premises, provided
same are placed firmly in a receptacle designed for such purpose, or, in the
absence of such receptacle, tightly wrapped to prevent blowing or scattering
upon the recipient premises or adjacent areas.
D.
Delivery of laundry, dry cleaning, dairy, bakery and
similar food products and commercial product sampling by agreement with or
invitation of the owner or occupant of the recipient premises.
E.
Personal delivery or drop off of noncommercial handbills
of a political, charitable, or religious nature whose distribution is or may
be protected by constitutional rights of free speech, provided that same are
packaged and placed in such a manner as not to blow and scatter upon the recipient
premises or adjacent areas.
The Business Administrator of the Township reserves the right to cause
the Township Clerk to revoke and/or rescind any license or permit granted
under this chapter if the person or organization with such license or permit,
as applicable, shall be found:
A.
Using false or fraudulent statements in obtaining such
license or permit.
B.
Using false or fraudulent statements or other misrepresentations
in the course of carrying on business or employment under such license or
permit, as applicable.
C.
Conducting the business of canvassing, soliciting, peddling
or hawking in an unlawful manner or in such a manner as to constitute a breach
of the peace or nuisance or a menace to the health, safety and welfare of
the citizens of the Township of North Brunswick.
D.
To have any conviction of a crime or other offense which
would be cause for the denial of an initial license or permit application.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a fine of
not more than $2,000 or by imprisonment for a term not to exceed 90 days,
or by both such fine and imprisonment, in the discretion of the judge. The
continuation of such violation on each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate offense.
