No person shall engage in peddling or soliciting in the Borough
of Oradell without first obtaining a written peddling or soliciting
permit from the Police Department. The applicant shall submit to the
Police Department a completed peddling or soliciting permit application
form. Such forms shall be kept at the Police Department and shall
be made available upon request from 8:00 a.m. to 4:00 p.m., Monday
through Friday.
The officer in charge of the Police Department shall cause such
investigation to be made of the applicant's business and moral
character as he deems necessary for the protection of the public good.
He shall use any information available in other New Jersey cities,
towns or boroughs where the applicant has engaged in peddling or soliciting
within two years last past, and he may use criminal history record
information from the New Jersey State Police. The investigation shall
include the photographing of the applicant.
If the officer in charge is satisfied as to the good moral character
and business responsibility of the applicant, he shall issue a peddling
or soliciting permit to the applicant as provided in this chapter.
If the officer in charge denies the application for such permit, he
shall set forth in writing his reasons therefor, which statement of
reasons shall be submitted to the applicant.
If dissatisfied with the decision of the officer in charge to
deny the application for a peddling or soliciting permit, the applicant
may appeal that decision to the Borough Council by requesting a hearing,
in writing, to be filed with the Borough Clerk. Said hearing shall
be scheduled within 14 days of receipt by the Borough Clerk of such
request, if a regular meeting of the Borough Council is scheduled
to be held within said fourteen-day period; if a regular meeting is
not so scheduled within said period, the hearing must be held no later
than the next regularly scheduled meeting of the Borough Council.
After the hearing, the Borough Council shall, by majority vote, either
affirm or overrule the decision of the officer in charge. If the decision
is affirmed, no permit shall issue, and the fee paid therefor shall
be refunded. If the decision is overruled, the officer in charge shall
immediately cause such permit to be issued.
The peddling or soliciting permit shall show the name, address,
photograph and thumbprint of the permittee, the kind of goods to be
offered or sold or the services to be performed thereunder, the date
of issuance thereof and the expiration date thereof, which shall be
December 31 of the year in which issued. The permit is not transferable
and must be surrendered when no longer used by the permittee or on
the expiration date, whichever is earlier. The permit shall be worn
by the permittee on the lapel or on the chest of the outermost garment
while peddling or soliciting in the Borough of Oradell.
Any person, whether a holder of a peddling or soliciting permit issued pursuant to this chapter or one who is or exempt therefrom pursuant to §
180-10, shall engage in peddling or soliciting in the Borough of Oradell only after 10:00 a.m. and before the hour of darkness or 6:00 p.m., whichever occurs first, and only on Monday through Saturday, and such permittee shall not enter or attempt to enter the land of any resident in the Borough of Oradell where such resident has posted a notice prohibiting such entry, unless specifically having been invited to a dwelling by the occupant thereof or having previously made an appointment with the occupant, nor shall such permittee refuse to leave any private dwelling or property after having been once requested to do so.
A peddling or soliciting permit shall not be required of the
following persons:
A. Any veteran of the United States Armed Forces, or any exempt fireman,
possessing a license issued in conformity with N.J.S.A. 45:24-9 et
seq.; provided, however, that such person exhibits such license to
and obtains an identification badge from the Police Department, which
shall be provided without charge.
B. Any public utility employee, where said public utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employee shall display the identification
badge or card issued by the employer.
C. 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.
D. Wholesale sales people calling on businesses.
E. Any person less than 18 years old; provided, however, that no person less than 18 years old shall engage in peddling or soliciting in the Borough of Oradell unless under the supervision of a person at least 18 years of age who is in possession of a valid peddling or soliciting permit issued pursuant to this chapter, is physically present in the Borough at all times while such peddling or soliciting is being conducted and who accepts responsibility that such person less than 18 years old will conduct such peddling or soliciting in accordance with §
180-9 and all other applicable laws and regulations.
F. Any person carrying a valid canvassing permit issued pursuant to
this chapter.