[HISTORY: Adopted by the Township Council of the Township of Bridgewater 10-3-1977 by Ord. No. 77-36. Amendments noted where applicable.]
This chapter is adopted to regulate the distribution of certain materials,
peddling, soliciting and related activities within the Township of Bridgewater.
The registration of persons engaged in the above-mentioned activities is required
so that the identity of persons going door to door or distributing materials
within the Township may be established, so that general regulations may be
more effectively enforced, for the protection and maintenance of the health,
safety and welfare of the inhabitants of the Township and to prevent dishonest
business practices and dishonest solicitation of funds in the Township.
As used in this chapter, the following terms shall have the meanings
indicated:
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed material, farm products, services, and orders
or contracts for services, home improvements or alterations, and anything
that may be sold or distributed by peddlers or solicitors, as defined herein.
Any person, whether a resident of the Township or not, who goes from
house to house, from place to place or from street to street, traveling by
foot, automotive vehicle or any other type of conveyance, carrying or transporting
merchandise for the purpose of selling and delivering the merchandise to customers.
The word "peddler" shall also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization, club,
association or any principal or agent thereof.
Any person, whether a resident of the Township or not, who goes from
house to house, from place to place or from street to street, traveling by
foot, automotive vehicle or any other type of conveyance, soliciting, taking
or attempting to take orders for the sale of merchandise or services of any
kind for future performance or delivery, whether or not such individual has,
carries or exposes for sale a sample of the merchandise or services, and whether
or not he is collecting advance payments on such sales or orders, or who engages
in any of the foregoing activities from a stationary location on any street
or other public place. The word "solicitor" shall also include the word "canvasser."
Any person engaging in the activities commonly referred to as "transient
merchant" or "itinerant vendor" who merchandises or sells with the intent
to close out or discontinue such business within a period of one year from
the date of commencement, and occupies a room, building, tent, lot or other
premises for the purpose of selling merchandise.
[Amended 12-18-1978 by Ord.
No. 78-45; 12-1-1997 by Ord.
No. 97-26]
It shall be unlawful for any peddler, solicitor, distributor or transient
merchant to sell, offer for sale or distribute merchandise, printed material
or services within the Township without first registering with the Chief of
Police by filing an application for a permit, paying a permit fee and obtaining
a permit from the Chief of Police.
[Amended 12-1-1997 by Ord.
No. 97-26]
Upon obtaining a registration permit as hereinafter provided, a peddler,
solicitor or transient merchant may conduct his activities within the Township
only as long as he adheres to the regulations set forth herein and carries
the registration permit upon his person at all times during the conduct of
his activities. The registration permit shall identify the person and the
type of activity for which he has registered and shall be shown to any Township
official or police officer upon request. All permits shall expire December
31 of the calendar year in which they are issued.
[Amended 12-18-1978 by Ord.
No. 78-45; 12-1-1997 by Ord.
No. 97-26]
Every applicant for a permit under this chapter shall file with the
Chief of Police a sworn written application on a form to be furnished by said
Chief of Police, which shall give or be accompanied by the following:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the
applicant.
C.
A brief statement of the nature of the business and a
description of the merchandise or service to be sold.
D.
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
E.
The length of time for which the permit is desired.
F.
If a vehicle is to be used, a description of such vehicle
and its license number.
H.
A photograph of the applicant taken within 60 days immediately
prior to the date of the application, which photograph shall clearly show
the head and shoulders of the applicant and shall measure two inches by two
inches.
I.
Three business references located in the County of Somerset,
State of New Jersey, or in lieu thereof such other available evidence of the
character and business responsibility of the applicant as will enable an investigator
to properly evaluate such character and responsibility.
[Amended 12-18-1978 by Ord.
No. 78-45]
J.
A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
K.
The fingerprints of the applicant.
[Amended 12-18-1978 by Ord.
No. 78-45; 12-1-1997 by Ord.
No. 97-26]
A.
When the application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be filed with the
Chief of Police, who shall make or cause to be made within 15 days such investigation
of the applicant's business responsibility and character as he deems necessary
for protection of the public.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his reasons
therefor. Any determination by the Chief of Police that an application is
unsatisfactory shall be based on one or more of the following findings with
respect to the applicant:
C.
In the absence of any such finding, the Chief of Police
shall find the application satisfactory and shall endorse his approval on
the application.
[Amended 12-18-1978 by Ord.
No. 78-45; 12-1-1997 by Ord.
No. 97-26]
A.
If an application is found unsatisfactory by the Chief
of Police and he endorses his disapproval upon the application, he shall notify
the applicant by mail that the application is disapproved and shall deny the
applicant any registration permit.
B.
If an applicant is found satisfactory by the Chief of
Police, he shall issue a registration permit addressed to the applicant to
conduct the business applied for upon payment of the proper fee by the applicant.
Such permit shall contain the number of the permit, photograph, name, description
and signature of the applicant, the kind of goods or services to be sold thereunder
and the location of such sale or service. It shall also show the date of issue,
date of expiration and signature of the issuing authority.
[Amended 12-18-1978 by Ord.
No. 78-45; 12-1-1997 by Ord.
No. 97-26]
A.
Permits issued under the provisions of this chapter may
be revoked by the Township Council, after notice and hearing, for any of the
following causes:
(1)
Fraud, misrepresentation or a material incorrect statement
contained in the application for a permit.
(2)
Fraud, misrepresentation or a material incorrect statement
in the course of carrying on the permit holder's business as solicitor, peddler
or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, solicitor or transient
merchant in an unlawful manner or in such 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 permit shall
be given by the Chief of Police 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 permit holder at the address given on the
application at least five days prior to the date set for the hearing, or shall
be delivered by the agent of the Township in the same manner as a summons
at least three days prior to the date set for the hearing.
C.
Upon revocation, the permit shall be surrendered to the
Chief of Police.
[Amended 12-18-1978 by Ord.
No. 78-45; 12-1-1997 by Ord.
No. 97-26]
Any person aggrieved by the action of the Chief of Police in the denial of a permit, as provided in § 154-7 of this chapter, shall have the right of appeal to the Township Council. Such appeal shall be taken by filing with the Chief of Police, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Council shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 154-8 of this chapter for notice of hearing on revocation. The decision of the Township Council on such appeal shall be final and conclusive.
[Amended 7-19-1982 by Ord.
No. 82-29; 8-1-1983 by Ord.
No. 83-18; 12-1-1997 by Ord.
No. 97-26]
No person or permit holder shall:
A.
Time limitations.
(2)
The aforesaid time limitations shall apply unless such
person or permit holder has been invited to a dwelling by an occupant thereof
or shall have previously made an appointment with an occupant. When the sale
or attempted sale of merchandise is not involved, and canvassing or soliciting
is in connection with a political campaign or charitable or religious organization
recognized as tax exempt under the United States Internal Revenue Code, solicitation
may take place from 8:00 a.m. to sunset at any time of year, unless other
arrangements have been made with the occupant.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Township and displaying his permit.
C.
Have exclusive right to any location in the public streets
or operate in any congested area in such a manner as to impede the flow of
traffic or of pedestrians or create a breach of the peace.
D.
Leave at a property or house or in any public place circulars, samples or other matter, except newspapers which shall be defined as a periodical with a paid circulation of at least 90% of its total circulation, except when handed to a person or house occupant or except when in accordance with Chapter 132, Littering and Handbills, of this Code.
E.
Enter or attempt to enter the land of any resident in
the Township where such resident has posted a notice prohibiting such entry.
F.
Refuse to leave any private dwelling or property after
having been once requested to do so by the owner or occupant thereof.
G.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or -amplifying device upon any of the streets, parks or public places of the
Township or upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon private premises,
for the purpose of attracting attention to any merchandise or services, without
first obtaining written authorization for same from the appropriate Township
official.
H.
Distribute obscene merchandise or printed material or
that which advocates unlawful conduct.
I.
Litter the streets, public places or public or private
properties within the Township with any merchandise or printed material.
[Amended 12-18-1978 by Ord.
No. 78-45; 12-1-1997 by Ord.
No. 97-26]
A.
At the time of the application for a registration permit for a peddler, solicitor or transient merchant, the amount of the fee therefor shall be paid by the applicant, which fee shall be as provided for in Chapter 94, Fees.
B.
Where an organization has several agents peddling, soliciting
or distributing merchandise or printed material, each agent shall be registered
separately, and each shall pay the appropriate fee. Upon expiration of a permit,
a new permit will be issued upon compliance with all provisions of this chapter
and the payment of fees, except that the investigation and waiting period
therefor may be waived if approved by the Chief of Police.
[Amended 12-18-1978 by Ord.
No. 78-45]
The following persons are exempt from the payment of a fee and, in the
discretion of the Chief of Police, the investigation procedures, upon compliance
with all other provisions of this chapter and submission of applicable identification
and documents to support their claim to exemption:
A.
Any charitable or religious organization or society which
is recognized as tax exempt under the United States Internal Revenue Code
that shall conduct sales of personal property where the proceeds thereof shall
be applied to the payment of the expenses thereof and to the charitable or
religious object for which the society exists.
B.
Any person honorably discharged from the military services
of the United States, possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 45:24-10.
C.
Any person who is an exempt fireman of a volunteer fire
department as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with said law.
D.
Any public utility or its employees, which said public
utility is subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification badge
or card issued by their employer.
E.
Any person selling fruits and farm products grown by
himself, with or without the help of others.
F.
Any person engaged in the delivery of goods, wares or
merchandise or other articles or things, in the regular course of business,
to the premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
G.
Any school, political or civic organization, benevolent
society, service club or organization not for profit which is located in the
Township or has a majority of its membership from the Township.
[Amended 12-18-1978 by Ord.
No. 78-45; 12-1-1997 by Ord.
No. 97-26]
A.
Any person canvassing or soliciting in connection with
a political campaign or charitable or religious organization or society or
any representative of such organization or society, recognized as tax exempt
under the United States Internal Revenue Code, when such canvassing or solicitation
does not involve the sale or attempted sale of merchandise, shall, at least
24 hours prior to such canvassing or solicitation, register with the Chief
of Police by filing an application and obtaining a permit from the Chief of
Police.
B.
The purpose of such registration is that the identity
of persons going door to door or distributing materials within the Township
may be established for the protection and maintenance of the health, safety
and welfare of the inhabitants of the Township and to prevent dishonest solicitation
of funds in the Township. A permit but no fees shall be required.
Any person violating the terms of this chapter, whether as principal,
agent or employee of another, shall, upon conviction in the Municipal Court,
be subject to a fine not exceeding $500 or to imprisonment in the county jail
not exceeding 90 days, or both, in the discretion of the Judge.
