[HISTORY: Adopted by the Mayor and Council
of the Borough of Brooklawn as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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]
A.
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.
B.
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.
C.
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.
[Added 10-15-2018 by Ord. No.
13-2018]
A.
The Police Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Police Clerk that
peddling, soliciting, canvassing, hawking and door-to-door sales enterprising
as set forth in this chapter are not permitted on the premises (hereinafter
referred to as the "Do Not Knock Registry"). Notification shall be
by completion of a form available at the Police Department office
during normal business hours.
B.
Any owner and/or occupant who has requested enlistment on the Do
Not Knock Registry, pursuant to this chapter herein, shall be able
to obtain from the Police Department office a sticker for display
at his/her/its premises indicating enlistment on the Do Not Knock
Registry.
C.
Owners and/or occupants who are placed on the Do Not Knock Registry
at their request shall remain on the Do Not Knock Registry until such
time as they advise the Police Clerk in writing that they wish to
be removed from the list.
D.
The Police Clerk shall distribute the current Do Not Knock Registry
to a licensee under this chapter at the time of issuance of a license
to peddle, solicit, canvas, hawk or otherwise door-to-door sell pursuant
to the provisions of this chapter. The Do Not Knock Registry provided
to licensees shall only include the physical address of the enlisted
premises. The licensee shall not peddle, solicit, canvas, hawk or
conduct door-to-door sales at any premises identified on the then-current
Do Not Knock Registry.
[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:
A.
For the giving of any false information in the application
or any renewal statement
B.
For delivering any items which are not in accordance
with the representation made by the licensee at the time the sale
was solicited.
C.
For canvassing or soliciting at unauthorized hours.
D.
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
E.
Upon the licensee being convicted of any crime, misdemeanor
or violation of municipal ordinance.
F.
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]
[Amended 10-15-2018 by Ord. No. 13-2018]
Any person who violates any provision of this chapter 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
$2,000, 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.
[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:
A.
Name and tax identification number of the applicant
organization.
B.
Address of the applicant organization.
C.
Telephone number of the applicant organization.
D.
Contact person for the applicant organization, including
name, address and day and evening phone numbers.
E.
Specific location or locations of proposed charitable
solicitation.
F.
Dates and times of proposed charitable solicitation.
G.
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.
H.
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.
I.
Such other information as may be required or is otherwise
deemed necessary by the Borough Clerk in order to process the application.
A.
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.
B.
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:
A.
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.
B.
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.
C.
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.
D.
The solicitor shall not install any traffic control
devices.
E.
Parking of vehicles shall comply with applicable traffic
regulations.
F.
Signage shall be in accordance with NJDOT regulations
(presently codified at N.J.A.C. 16:406.1).
G.
All solicitors shall wear safety vests that are in
accordance with NJDOT standards.
H.
Solicitation shall only be permitted during daylight
hours.
I.
Each person soliciting charitable contributions on
behalf of the charitable organization shall be at least 18 years old.
J.
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.
K.
Solicitation shall be permitted in the right-of-way
but is encouraged to be off the traveled way.
L.
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.
M.
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.
N.
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.
O.
No more than one permit per calendar year shall be
issued to a charitable organization for solicitation under this article.
P.
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.
