[HISTORY: Adopted by the Mayor and Council
of the Borough of Maywood as indicated in article histories. Amendments
noted where applicable.[1]]
[1]
Editor's Note: Ordinance No. 14-02, adopted
8-21-2002, changed the title of this chapter from "Peddling, Soliciting
and Canvassing" to "Peddling and Soliciting."
[Adopted 11-21-1972[1]]
As used in this article the following terms
shall have the meanings indicated:
A person who sells goods, the proceeds of which are devoted
exclusively to the purposes of a philanthropic, charitable or religious
society on whose behalf he acts as agent, with or without pay, but
excluding those individuals or organizations soliciting for funds
or other thing of value for which no merchandise, wares or services
are given in return and for which permits are required and control
thereof administered by Article II of this chapter.
A person, commonly referred to either as a "transient merchant,"
"itinerant vendor," "route salesman," "peddler," "hawker" or other
such person who goes from place to place by traveling on the streets
or from house to house and carries with him foodstuffs, goods, wares
or merchandise for the purpose of selling and delivering them to consumers
or who, without carrying merchandise, sells or proposes to sell services
of any kind, including but not limited to painting, landscaping, subscriptions
and photography.
A person selling the above-described articles or services
by sample or taking orders for future delivery, with or without accepting
an advance payment for the goods, and regardless of whether the solicitation
is made by mail, telephone or personal contact. The provisions of
this article shall apply to the person who comes in personal contact
with the buyer through the delivery of the goods or the acceptance
of any moneys in payment therefor.
The purpose of this article is to prevent unfair competition and dishonest business practices by regulation of the persons specified in § 241-1.
No peddler, solicitor or non-profit-making vendor
shall sell or dispose of or offer to sell or dispose of any foodstuffs,
goods, wares or merchandise within the Borough without first obtaining
a license and having paid the license or other fees hereinafter prescribed.
A.
Any person desiring a license shall file with the
Chief of Police an application blank, which shall contain the following
information:
(1)
The name of the applicant.
(2)
The applicant's permanent home residence.
(3)
The name and address of the firm represented and the
names and addresses of the persons from which the goods making up
the stock were or are to be purchased.
(4)
three business references.
(5)
The place or places of residence of the applicant
for the preceding three years.
(6)
The length of time for which the license is desired.
(7)
A description of the wares to be offered for sale.
(8)
Whether or not the applicant has ever been convicted
of any crime, disorderly persons offense or violation of any municipal
ordinance and, if so, the nature of the offense and the punishment
assessed therefor.
(9)
The license and registration number of the vehicle
being utilized.
B.
To the application must be appended a letter from
the firm for which he purports to work authorizing the applicant to
act as its representative.
[Amended 10-25-2016 by Ord. No. 21-16]
A.
Following the filing of the application and payment of the application
fee, the Chief of Police shall immediately institute whatever investigation
of the applicant's business responsibility he/she considers necessary
for the protection of the public. Upon approval of the application,
the license shall be issued by the Police Records and License Bureau,
which shall keep all necessary records pertaining thereto.
A.
The fee schedule shall be as set forth in Chapter 169, Fees.
[Amended 12-29-1987 by Ord. No. 15-87]
B.
The license fees shall not apply to:
(1)
Any person honorably discharged from the military,
naval or marine forces of the United States.
(2)
Any person who conducts a sale pursuant to statute
or court order.
(3)
Any person who is an exempt member of a volunteer
fire department as defined by New Jersey statutes.
(4)
Non-profit-making vendors.
A license shall not authorize any person, except
the person named in said license, to engage in business thereunder.
Said license shall not be transferable from the person to whom issued
to any other person. A separate license must be obtained by a licensed
peddler or solicitor for every agent or employee working for him.
Every person holding a license under this article
shall be required to carry the license with him while engaged in the
business licensed. He must produce the license at the request of any
person solicited, a police officer or other official of the Borough.
To every person granted a license, the Police Department shall issue
a license certificate bearing the words "Police Department Peddler's
and Solicitor's License," together with the number of the license
and the year for which it is issued.
After 7:00 p.m., no peddler nor any person in
his behalf shall shout, cry out, blow a horn, ring a bell or use any
sound device, including any loudspeaking radio or sound-amplifying
system, upon any of the streets, alleys, parks or other public places
of the Borough or upon any private premises in the Borough where sound
of sufficient volume is omitted or produced therefrom to be capable
of being plainly heard upon the streets, avenues, alleys, parks or
other public places for the purpose of attracting attention to any
goods, wares or merchandise which such licensee proposes to sell.
All persons to whom a license shall be issued
hereunder shall observe the following regulations, and for any violation
thereof, the license shall be immediately revoked by the Chief of
Police:
A.
No person or vehicle shall stand or be parked for
the purpose of displaying or selling wares or merchandise on public
or private property within a business district.
B.
No person covered by this article shall sell or attempt
to sell in accordance with the terms of this article before 9:00 a.m.
or after 8:00 p.m. The aforesaid time limitation shall not apply to
persons who are expressly invited into homes by the occupant thereof.
C.
No person shall hawk or sell wares within a distance
of 500 feet of the nearest public building or commercial establishment.
D.
No vehicle shall be parked upon any public street
at a fixed location for the purpose of displaying or selling wares
or merchandise.
E.
Entering on nonsolicitation listed and/or on posted property or properties
prohibited. No person licensed pursuant to this chapter shall enter
onto any property on the nonsolicitation list and/or displaying the
Borough issued nonsolicitation list decal or on which is located a
sign or signs stating "no solicitors" or carrying a similar message
forbidding the entry of any persons onto the property.
[Added 10-25-2016 by Ord.
No. 21-16]
A license may be revoked by the Mayor and Council
by reason of the violation of the terms of the license, the violation
of any municipal ordinance, state or federal statute or falsification
in applying for a license. The licensee shall be granted a hearing
by the Mayor and Council upon his request. A license may be suspended
for not more than two weeks by the Chief of Police without a hearing.
No fees shall be returned for any unexpired period of a license, whether
revoked or not.
[Amended 10-25-2016 by Ord. No. 21-16]
A.
This article shall not affect any person duly licensed by the Commissioner
of Insurance of the state.
B.
No section of this article shall apply to candidates seeking public
office or any person soliciting votes for a bona fide candidate for
political office.
C.
No section of this article shall apply to persons selling personal
wholesale items to dealers in such articles at commercial properties.
D.
No section of this article shall apply to any noncommercial organization
within the Borough of Maywood or any organization of the Borough of
Maywood.
E.
No section of this article shall apply to any sale required by statute
or order of any court.
F.
No section of this article shall apply to any person engaged in delivering
merchandise or other things in the regular course of business to the
premises of the person ordering or entitled to receive it.
[Amended 12-29-1987 by Ord. No. 15-87]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 90 days,
or both.[1]
[1]
Editor's Note: Former Art. II, Canvassing,
derived from Ch. 8, Art. 2 of the former Revised Ordinances, adopted
11-21-1972 by Ord. No. 659, and which immediately followed this section,
was repealed 8-21-2002 by Ord. No. 14-02.
[Added 10-25-2016 by Ord.
No. 21-16]
A.
Collection, preparation and maintenance of a nonsolicitation list.
The Borough of Maywood Police Department shall collect, prepare and
maintain a regularly updated list of addresses of those premises where
the owner and/or occupant has notified the Police Department that
soliciting and canvassing is not permitted on his/her premises. To
be included on the nonsolicitation list, residents shall complete
a form supplied by the Police Department and receive a nonsolicitation
list decal for the resident to display; the cost to the resident shall
be $1. With the adoption of this section, the Borough of Maywood Police
Department shall make the form available to all residential property
owners or occupants and may distribute same thereafter in any manner
directed by the governing body.
B.
A version of the nonsolicitation list which omits the names of those listed and contains only the addresses of listed properties shall be distributed to all applicants seeking a license to solicit or canvass pursuant to the provisions of this chapter. The applicant shall acknowledge, in writing, receipt of this list pursuant § 241-5B. The licensee shall not solicit or canvass at any address on the nonsolicitation list.
