[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn as indicated in article histories. Amendments noted where applicable.]
Mercantile licenses -- See Ch. 107.
[Adopted 10-12-1960 by Ord. No. 144]
[Amended 5-15-1989 by Ord. No. 5-89]
As used in this article, the following terms shall have the meanings indicated:
- Includes peddlers, hawkers, hucksters or itinerant vendors, and any person, whether resident of the Borough of Brooklawn or not, who travels by foot or by means of any other conveyance from place to place, from house to house, from door to door or from street to street selling, causing to be sold, offering for sale, causing to be offered for sale, taking orders for the sale of goods or services for present or future delivery of any kind. Said term shall also include persons going from door to door, as aforesaid, for the purposes of disseminating information, obtaining alms, orders or subscriptions, taking surveys, public opinion polls or other solicitations for money, contributions or membership in any organization, group, corporation or partnership, whether charitable, civic, political, religious, for profit, not for profit or business.
[Amended 5-15-1989 by Ord. No. 5-89]
It shall be unlawful for any canvasser or solicitor to engage in canvassing and soliciting within the Borough of Brooklawn without a municipal license or to canvass and solicit, under license, on Sunday, at any time or on weekdays and Saturdays, at any time during the period from 9:00 p.m. to 9:00 a.m. the following day.
[Amended 5-15-1989 by Ord. No. 5-89; 9-11-1989 by Ord. No. 12-89]
An application for license shall be made to the Borough Clerk. The applicant shall complete the application form, giving, under oath, his or her full name, permanent and local address, age, height, weight, place of birth, marital status, the number of years which the applicant has resided at his or her permanent home address and local address, a description of the nature of the business and goods to be sold or organization represented and the purposes to which any contributions or membership fees are to be applied, if employed, the name and address of the employer, together with credentials establishing the relationship with the employer, the place where the goods to be sold or orders to be taken therefor are manufactured or produced and the proposed method and date of delivery. The applicant shall also furnish a letter from the employer or organization represented establishing that the applicant is a bona fide representative of the same. The applicant shall also provide a statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature and location of the offense and the punishment or penalty assessed therefor. The applicant shall file with the Borough Clerk a photograph of the applicant taken within 60 days of the date of the application.
[Amended 5-15-1989 by Ord. No. 5-89]
Upon receiving an application in accordance with the foregoing section, the Borough Clerk shall, within three days after verifying the information contained thereon, issue a license, which shall expire six months after the date of issuance, provided that the application does not disclose that the applicant was convicted of any crime, misdemeanor or violation of any municipal ordinance or that the investigation by the Chief of Police discloses no false statement thereon, and receive therefor the sum of $10 to cover the cost of processing the application. The applicant shall also be issued an identification badge or button, which shall contain a serial number. A deposit of $5 shall be paid for the badge or button, which deposit shall be returnable on surrender of the badge or button to the Borough Clerk. The applicant shall wear this badge or button in a conspicuous space on his or her outer clothing while engaged in business under this license.
No licensee shall canvass or solicit in the Borough of Brooklawn except between the hours of 9:00 a.m. to 9:00 p.m. The licensee shall exhibit his or her button or badge to any police officer or other person upon request.
The Borough Clerk shall notify the Chief of Police of the application for a license and transmit a copy of the same to the Chief and request that an immediate investigation be made to verify the truth of the statements contained therein.
[Amended 5-15-1989 by Ord. No. 5-89]
Where a licensee desires to renew a license which is near expiration or which has expired, the licensee shall file with the Borough Clerk a statement to the effect that all the statements and other information made in his or her previous application are still true and complete. If, through changed circumstances, the previous application does not contain true up-to-date information, then the licensee shall state what changes, if any, should be made. Upon the filing of the renewal statement, the Borough Clerk shall issue a renewal license for a six-month period, and the licensee shall pay therefor a fee of $10 to cover the costs of processing the renewal application. A copy of the renewal application statement shall be furnished to the Chief of Police, who shall cause an investigation to be made to verify the truth of the statements contained therein.
Any license or renewal license issued hereunder may be revoked, after notice and hearing, for any of the following causes:
For the giving of any false information in the application or any renewal statement
For delivering any items which are not in accordance with the representation made by the licensee at the time the sale was solicited.
For canvassing or soliciting at unauthorized hours.
For allowing another person to use the badge or button issued to the named licensee or for failing to immediately notify the Borough Clerk of the loss of the badge or button
Upon the licensee being convicted of any crime, misdemeanor or violation of municipal ordinance.
For canvassing or soliciting at a residence or business which has posted on or near the front entrance of such residence or business a sign, poster, letter, bill, placard, banner, notice or other announcement evidencing an intent by the resident or owner of the business that canvassers or solicitors are unwelcome.
[Added 5-15-1990 by Ord. No. 5-89]
Any person violating the terms of this article shall be subject to a fine of not more than $200 or imprisonment for 90 days, or both; and each day on which any violation occurs shall be deemed a separate violation.
[Adopted 4-16-2007 by Ord. No. 3-07]
Except for charitable organizations duly permitted in accordance with this article and other applicable law, no person shall stand in or beside any public road or right-of-way to stop, impede, hinder or delay the progress of a vehicle, or to otherwise interact with the occupants of any vehicle on any public road or right-of-way, for the purpose of soliciting the purchase of goods, merchandise or tickets, or for the purpose of soliciting contributions for any cause, and the only question of law and fact in determining guilt under this section shall be whether goods, merchandise or tickets were tendered or offered for sale, or whether a contribution was solicited.
All charitable organizations as defined in N.J.S.A. 45:17A-20 who desire to solicit contributions in roadways situate in the Borough of Brooklawn shall file an application for a permit with the Borough Clerk on a form supplied by said Clerk specifying the following information:
Name and tax identification number of the applicant organization.
Address of the applicant organization.
Telephone number of the applicant organization.
Contact person for the applicant organization, including name, address and day and evening phone numbers.
Specific location or locations of proposed charitable solicitation.
Dates and times of proposed charitable solicitation.
If said request pertains to a location or locations on any county highway or intersection of a county highway, said application shall include a copy of an authorization from the Camden County Board of Chosen Freeholders to permit said charitable solicitation.
Identify the manner in which the motorist solicitation will be conducted and the procedures to be used to ensure the safety of the members of the public who will be traveling the roadways situate in the Borough of Brooklawn.
Such other information as may be required or is otherwise deemed necessary by the Borough Clerk in order to process the application.
Upon the filing of a complete application in accordance with the provisions of this article, the Borough Clerk shall forward a copy of the application to the Chief of Police and to the Superintendent of the Public Works Department. The Chief of Police and Superintendent of the Public Works Department shall review the application and shall provide the Borough Clerk with any recommendations regarding the same. Thereafter, the Borough Clerk shall submit the completed application, along with any recommendations made by the Chief of Police and/or Superintendent of the Public Works Department, to the Borough Council for review and approval.
Upon review and approval by Borough Council, the Borough Clerk shall issue a permit to allow the event, including as a condition of the permit any recommendations made by the Chief of Police, Superintendent of the Public Works Department and/or the Borough Council. The permit shall also be subject to any conditions imposed by law. In cases where the event requires county or state approval, the permit issued hereunder shall be conditional, subject to approval by the county and/or state.
All approved charitable solicitations shall be conducted in accordance with N.J.S.A. 39:4-60 and the regulations promulgated thereunder (presently codified at N.J.A.C. 16:401.1 et seq.) and including the following:
Solicitation shall be subject to the specific terms and conditions of each permit granted. Such permit shall be in possession of the solicitor during all times of solicitation and shall be available for inspection by the Police Department and/or other officials upon request.
No person shall solicit charitable contributions on a state highway or intersection thereof without approval from the New Jersey Department of Transportation (NJDOT), via the issuance of a charitable solicitation permit. Such permit shall be in the possession of the solicitor during all times of solicitation and be available for inspection by local, county and state police enforcement personnel.
Solicitation shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease while traffic is moving. Use of flagmen shall be prohibited.
The solicitor shall not install any traffic control devices.
Parking of vehicles shall comply with applicable traffic regulations.
Signage shall be in accordance with NJDOT regulations (presently codified at N.J.A.C. 16:406.1).
All solicitors shall wear safety vests that are in accordance with NJDOT standards.
Solicitation shall only be permitted during daylight hours.
Each person soliciting charitable contributions on behalf of the charitable organization shall be at least 18 years old.
Solicitors shall not drink alcohol beverages, use drugs or be under the influence of drugs or alcohol when soliciting. Solicitors shall not harass the public.
Solicitation shall be permitted in the right-of-way but is encouraged to be off the traveled way.
The charitable organization shall be responsible for cleaning up any debris resulting from the solicitation activity, including trash or debris in the right-of-way.
The Police Department shall be responsible for supervising solicitation activity and enforcing the terms of the solicitation permits (both local and the NJDOT permit, if applicable). The Police Department may suspend solicitation operations at any time if the permit is violated or, if in the police officer's sole discretion, traffic is being impeded or delayed or the public safety is at risk.
The Borough shall not be liable in any civil action for damages for property damage or personal injury resulting from any accident arising out of or in the course of solicitations.
No more than one permit per calendar year shall be issued to a charitable organization for solicitation under this article.
No more than one permit per calendar month shall be issued to any charitable organization for solicitation under this article within any calendar year.
Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Brooklawn or such other court having jurisdiction, be liable to a fine not exceeding $1,250, or imprisonment for a term not exceeding 90 days, or community service for a term not exceeding 90 days, or all of the above. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article.