[Adopted 12-16-1975 by Ord. No. 1046 as Sec.
6-2 of the Revised General Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Any person, whether a resident of the Borough or not, traveling
by foot, wagon, automotive 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, wares, merchandise, meats,
fish, vegetables, fruits, food, ice cream, fruit ices, soda water,
garden farm products or provisions offering and exposing the same
for sale, or making sales and delivering articles to purchasers. "Hawkers,"
"hucksters" and "vendors" are included.
[Amended 8-21-2018 by Ord. No. 18-2529; 9-4-2018 by Ord. No. 18-2531]
A.
It shall be unlawful for any person to engage in the business of
a peddler within the corporate limits of the Borough without first
obtaining a license. All fees associated with obtaining a license,
including but not limited to background checks from the State Police
are at the sole cost and expense of the peddler. Peddlers shall not
be allowed to solicit within the Borough without a "No Knock List"
provided by the Borough setting forth the names and addresses of property
owners the peddler is prohibited from soliciting.
B.
All residents of the Borough may register their name, address and/or
unit/apartment number with the Borough Clerk to be placed on a No-Knock
List, indicating that they do not want canvassers/solicitors of any
sort to approach their homes and/or seek personal contact with the
occupants of the registered residence. The Borough Clerk shall provide
the registration form which shall be available during normal business
hours online. By registering for the No-Knock List, the resident acknowledges
that the Borough police, fire and other emergency service groups are
exempt from the requirements of this section.
C.
The Borough Clerk shall maintain a No-Knock List, a copy of which
shall be provided to all persons or organizations required to obtain
a license or register pursuant to this chapter. Registrants shall
remain on the No-Knock List for a period of five years from the date
or registration or until such time as they advise the Borough Clerk,
in writing, that they wish to be removed from the list. The Borough
Clerk shall ensure that the list is updated periodically.
D.
Upon completion of registration on the No-Knock List, the subscriber
may purchase and receive, for a fee of $1, a decal stating "DO NOT
KNOCK; Registered on the No-Knock List with the Borough of Bergenfield
Borough Clerk; VIOLATORS WILL BE PROSECUTED." The decal shall be placed
in a clearly visible location such as front door or window adjacent
to the front door.
E.
It shall be unlawful for any canvasser/solicitor to approach and/or seek personal contact with the occupants of any residence if that residence is registered on the No-Knock List. Anyone violating this subsection shall, upon conviction thereof, be subject to fines and penalties in accord with § 227-9, entitled Violations and penalties.
[Amended 10-15-1991 by Ord. No. 2119; 9-3-1996 by Ord. No. 2202]
A.
The license fee for a peddler, hawker or vendor, who
is without a fixed place of business, that is, anyone who solicits
commercial trade on foot or from a motor vehicle pushcart, or trailer,
shall be $100 for each person peddling, hawking or vending. Such license
fee shall be for each consecutive thirty-day period, except for hot
dog, lunch wagons and ice cream trucks, which will be for a one-year
period.
[Amended 4-18-2017 by Ord. No. 17-2509]
B.
There shall be no fee for charitable and/or not-for-profit
organizations recognized by the State of New Jersey and/or the federal
government.
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 section, 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.
No person shall sell, offer for sale, hawk or peddle in the Borough any of the items listed in § 227-1 before 9:00 a.m. or after 6:00 p.m., nor on Sundays or holidays.
It shall be the duty of any police officer of
the Borough 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 milk, eggs, bread, newspapers or such
other necessary and perishable articles of food or 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, foods, 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.
[Added 9-3-1996 by Ord. No. 2202]
A.
Any person who shall violate § 227-3 shall, upon conviction thereof, be punished by a fine of not less than $250 and not more than $500 for a first offense.
B.
The second or any subsequent offense shall be punishable
by a fine of not less than $400 and not more than $500 and/or imprisonment
for up to six months in jail, or both.
