[Adopted 10-13-1964 as Art. 5 of Ch. 4 of the 1964 Code;
amended in its entirety 9-28-1982 (Ch. 146, Art. I, of the 1982 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The circulation of a petition or the seeking of contributions
for a cause, charitable or otherwise, or the practice of distributing
literature, pamphlets, handbills and the like for the purpose of distributing
information or seeking support for any legal purpose, from a stationary
location on a street or other public place, or by going from house
to house, place to place or street to street.
[Added 9-21-2015 by Ord.
No. 2036]
A person who goes uninvited from dwelling to dwelling on
public thoroughfares or in public places disposing of circulars, posters,
pamphlets and other forms of advertising material.
A person, commonly referred to as a "peddler" or "hawker,"
who goes uninvited from place to place or dwelling to dwelling by
traveling on the streets and carrying with him goods, wares and merchandise,
meats, fish, vegetables, fruits, food, ice cream, fruit ices, soda
water, garden farm products or provisions for the purpose of selling
and delivering them to consumers.
[Amended 2-1-2010 by Ord. No. 1873]
Construed to mean any individual, firm, partnership, corporation,
voluntary association, incorporated association or agent thereof.
Any person who, without prior invitation, goes from dwelling
to dwelling for the purpose of solicitation of funds, distribution
of literature or the like in connection with solicitation of funds
or for the purpose of selling or buying goods, wares or merchandise
by sample or taking orders for future delivery or selling a service
to be rendered in the future, with or without accepting an advance
payment for the goods, wares, merchandise or service. Any person who
goes from dwelling to dwelling for the purpose of offering the service
of snow removal, with or without payment, shall not be considered
a solicitor for purposes of this chapter.
[Amended 9-21-2015 by Ord. No. 2036]
A person who, whether a resident of the Borough or not, engages
in a temporary business within the Borough of selling and delivering
goods, wares, merchandise or services within said Borough, and who,
in furtherance of such purpose, hires, leases, uses or occupies any
building, structure, motor vehicle, tent, railroad box car or boat,
public rooms in hotels, lodging houses, apartments, shops or street,
alley or other place within the Borough, for the exhibition and sale
of such goods, wares and merchandise, either privately or at public
auction. "Temporary business" is hereby defined as business which
is established with intent to close out or discontinue such business
within a period of one year from the date of issuance of license therefor,
and it shall be presumptive evidence of such intent where the applicant
for said license fails to show a written lease for said period, leasing
the place where said business is to be conducted. The person, firm
or corporation so engaged shall not be relieved from complying with
the provisions of this article merely by reason of associating temporarily
with any local dealer, trader, merchant or auctioneer or by conducting
such transient business in connection with, as a part of, or in the
name of any local dealer, trader, merchant or auctioneer.
[Added 5-6-1985; amended 2-1-2010 by Ord. No. 1873]
The purpose of this article is to prevent fraud,
crime and unethical and dishonest business practices and for the general
protection, health and welfare of the residents of the community and
to deter the use of soliciting and canvassing to gain access to homes
for criminal purposes and for the preservation of the quiet and privacy
for residents of the Borough.
[Amended 2-1-2010 by Ord. No. 1873]
It shall be unlawful for any peddler, solicitor
or other person to solicit funds or goods or to buy, sell or dispose
of or offer to sell or dispose of any goods, wares, merchandise or
services to be rendered in the future or to take orders for any goods,
wares, merchandise or service to be rendered in the future within
the Borough of South Plainfield or for any transient merchant to engage
in a temporary business, without first obtaining a license therefor.
[Added 9-21-2015 by Ord.
No. 2036]
All canvassers intending to canvass within the Borough of South
Plainfield shall register with the Borough Clerk prior to commencing
any canvassing activities. Such registration shall consist of providing
the Borough Clerk with the name of the organization that will be canvassing,
the proposed dates for which the organization seeks to canvass, and
the route(s) or neighborhood(s) in which the organization intends
to canvass. All nonprofit, religious, or political groups canvassing
exclusively door-to-door and not in the streets are exempt from this
registration requirement.
It shall be unlawful for any person to distribute
or cause to be distributed to the occupant of any house, unless the
same has been previously ordered, or place or cause to be placed in
or on any premises or in any automobile or hand to any person on the
street or attach to any tree, pole, sign, billboard, fence or building,
except where located on the premises of the distributor or issuer,
any card, circular, pamphlet, papers or other publication or any form
of advertising matter unless said person shall first obtain a permit
therefor. Every person distributing any card, circular, pamphlet,
newspaper or other publication or any form of advertising matter shall
do so in a manner to avoid the littering and scattering of papers
and shall comply with the rules and regulations pertaining thereto
established by the Mayor and Council.
Any person desiring to obtain a license for
the purposes herein mentioned shall apply therefor, in writing, to
the Chief of Police of the Borough of South Plainfield on an application
form to be furnished by him containing the following information and
complying with the provisions thereof:
A.
Name, age and physical description of each applicant.
B.
Complete permanent home and local address.
C.
Name and address of the organization or person for
whom the solicitation is being made.
D.
Description of the nature of the business and the
goods, services or wares to be sold.
E.
Two photographs of each person for whom a license
is to be obtained which shall be approximately 2 1/2 inches by
2 1/2 inches in size, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
F.
The commencement and termination date for the period
of solicitation as requested by the applicant.
[Amended 4-19-2010 by Ord. No. 1885;9-21-2015 by Ord. No. 2036]
G.
A statement as to whether or not any person for whom
a license or permit is sought has been convicted of a crime, misdemeanor
or has been otherwise denied a similar permit or license from any
governmental agency.
H.
The make, model, year, color and license plate number
of all motor vehicles to be used by the applicant during the period
of solicitation.
I.
Driver's license number of each person on whose behalf
the permit is being sought.
J.
One copy of all literature, contracts or other written
material to be distributed.
K.
The place or places, other than the permanent place
of business of the applicant, where the applicant within the six months
next preceding the date of said application conducted a transient
business, stating the nature thereof and giving the post office and
street address of any building or office in which such business was
conducted.
[Added 5-6-1985]
L.
A statement of the nature, character and quality of
the goods, wares or merchandise to be sold or offered for sale by
the applicant in the Borough of South Plainfield, whether the same
are proposed to be sold from stock in possession or from stock in
possession and by sample, at auction, by direct sale or by direct
sale and by taking orders for future delivery, where the goods or
property proposed to be sold are manufactured or produced and where
such goods or products are located at the time said application is
filed.
[Added 5-6-1985]
M.
A brief statement of the nature and character of the
advertising done or proposed to be done in order to attract customers
and, if required by the Borough Clerk, copies of all said advertising,
whether by handbills, circulars, newspaper advertising or otherwise,
shall be attached to said application as exhibits thereto.
[Added 5-6-1985]
N.
A certified copy of the certificate of occupancy issued
to the applicant by the Borough's Zoning Officer for the intended
site of transient sales.
[Added 5-6-1985]
O.
Such other reasonable information as to the identity
or character of the person or persons having the management or supervision
of the applicant's business or the method or plan of doing such business
as the Chief of Police may deem proper to fulfill the purpose of this
article in the protection of the public good.
[Added 5-6-1985]
P.
Written consent on forms to be furnished by the Borough allowing
the Borough to perform criminal history record checks on the applicant
and authorizing the Borough to exchange fingerprint data and receive
criminal history record information from the Federal Bureau of Investigation
and the Division of State Police for use in making the determinations
to be made under this chapter. Fingerprints of the applicant shall
be taken at an authorized facility designated by the Chief of Police.
All costs shall be borne by the applicant and shall be in addition
to license fees as set forth hereinafter.
[Added 9-21-2015 by Ord.
No. 2036]
Upon proper completion of the application, the
Chief of Police shall promptly cause an investigation to be made of
each such applicant. In the event that the investigation discloses
a material misstatement of any of the information set forth on the
application or other information sufficient to support a conclusion
of the unfitness of any such person to obtain the permit or to go
door to door, the Chief of Police shall endorse his rejection and
disapproval for the permit as to such person. The applicant shall
be promptly advised of the determination by the Chief of Police and
shall be afforded an opportunity for a hearing, which shall be expeditiously
granted. Upon conclusion of the hearing, a final determination shall
be made by the Chief of Police. In the event that the investigation
by the Chief of Police reveals no material misstatement in the application
or other reason forming the basis for the denial of the application,
he shall forthwith endorse his approval thereon and cause the permit
or license to be granted and issued to the applicant.
A separate license must be obtained by a licensed
peddler or solicitor for every agent or employee working for him who
shall participate in the canvass, solicitation or other activities
controlled by this article.
A.
All licenses issued hereunder shall automatically
expire December 31 of each year.
B.
Permission granted hereunder shall be evidenced by
a card bearing the name and pertinent data of the licensee issued
by the Chief of Police.
C.
Each person participating in the solicitation, canvassing
or other activities controlled by this article shall be provided by
the Chief of Police with a badge to be worn upon such person in a
conspicuous manner. In addition, the identification card shall be
conspicuously displayed within any motor vehicle employed for such
purposes.
D.
It shall be the duty of the Chief of Police to keep
a complete and accurate bound record of all licenses and permits so
issued, the dates of issuance and fees collected and shall account
for the same to the Municipal Treasurer.
E.
For good cause shown, after a hearing has been granted
to the applicant, the Mayor and Council may revoke any license issued
to any such applicant after due and proper notice to the holder thereof
and an opportunity afforded to be heard.
[Added 5-6-1985; amended 7-21-2008 by Ord. No. 1826; 11-3-2009 by Ord. No. 1870; 9-21-2015 by Ord. No. 2036]
The license fees shall be as follows:
A.
Solicitors: $100 per year.
B.
Distributors: $100 per year.
C.
Peddlers: $500 per year. In the event that a peddler
does not have a license, a peddler may obtain a license for Labor
Day only at a fee of $50.
D.
Transient merchants: licensees under this article
shall pay a fee of $100, which said fee shall be paid upon the application
being made. Such a fee, as well as all fees required under this article,
are to help defray administrative expenses to the Borough of enforcing
this article.
E.
All license
fees are nonrefundable.
[Amended 5-6-1985]
This article shall not apply to:
A.
Any person conducting a sale pursuant to statute or
court order.
B.
Any person soliciting a vote or support to any political
candidate or program.
C.
A nonprofit-making vendor as defined herein.
D.
Any person engaged in delivering goods, wares, merchandise
or other articles or things in the regular course of business to the
premises of persons ordering or entitled to receive the same.
E.
Any person engaged in the pursuit of and conducting
of a locally established bona fide business.
F.
Any person honorably discharged from the military,
naval or marine forces of the United States possessing a license for
one of the above activities issued in conformity with N.J.S.A. 45:24-10
and any amendments thereto, except that such person shall present
said license to the Borough Clerk for identification before conducting
any business pursuant thereto and shall carry said license upon his
person when conducting said business so as to identify himself to
residents of the Borough.
G.
Any person who is an exempt member of a volunteer
fire department as defined by N.J.S.A. 45:24-9b, possessing a license
issued in conformity with said law and the amendments thereto, except
that such person shall present said license to the Borough Clerk for
identification before conducting any business pursuant thereto and
shall carry said license upon his person when conducting said business
so as to identify himself to residents of the Borough.
H.
Any person licensed by the State of New Jersey or
one of its boards or agencies. However, such person must present such
license to the Borough Clerk for identification.
I.
Any organization of South Plainfield, the primary
purpose of which is civic in nature.
J.
Any lawful employees of any governmental agency and
recognized members of any church, social, civic, fraternal, political
or philanthropic organization and local clubs which inure to the benefit
of the residents of the Borough of South Plainfield.
[Added 5-6-1985]
No license shall be transferred without the prior written consent
of the Borough Council, as evidenced by an endorsement on the face
of the license by the Borough Clerk/Administrator showing to whom
the license is transferred and the date of the transfer. The terms
and conditions of this article shall be applicable to any proposed
transferee.
[Added 5-6-1985]
Before any license, as provided by this article, shall be issued for engaging in any of the activities as defined under § 327-1 of this article, such applicant shall file with the Borough Clerk a bond running to the Borough of South Plainfield in a minimum amount of $1,000. Said bond shall be executed by the applicant, as principal, and two sureties, upon which service of process may be made in the State of New Jersey; said bond to be approved by the Borough Attorney, conditioned that said applicant shall comply fully with all of the provisions of the ordinances of the Borough of South Plainfield and the statutes of the State of New Jersey, regulating and concerning the sale of goods, wares, merchandise, services or other things of value and will pay all judgments and costs that may be recovered against him by the Borough or any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether said misrepresentations or deceptions were made or practiced by the owners or by their servants, agents or employees, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with references to the goods, wares, merchandise, services or other things of value sold or any part thereof. Action on the bond may be brought in the name of the Borough to the use of the aggrieved person. Such bond must be approved by the Borough Attorney, both as to form and as to the responsibility of the sureties thereon.
[Added 5-6-1985]
Before any license as herein provided shall be issued for engaging in any of the activities defined in § 327-1 of this article, the applicant for the same shall file with the Borough Clerk a document designating the Borough Clerk as his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any materials connected with or arising out of the business to be transacted under said license and the bond given as required by § 327-12 of this article or for the performance of the conditions of said bond or to any breach thereof, which said applicant for said license consents and agrees that service of any notice or process may be made upon said agent and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for said license under this article, according to the law of this or any other state and waiving all claim or right of error by reason of such acknowledgment of service or manner of service; immediately upon service of process upon the Borough Clerk, as herein provided, the Borough Clerk shall send to the licensee at his last known address, by registered mail, a copy of said process.
[Added 9-21-2015 by Ord.
No. 2036]
No peddling or soliciting activities shall be conducted before
9:00 a.m. or later than 5:00 p.m. Monday through Saturday. No peddling
or soliciting activities shall be conducted on Sundays. Canvassing
activities may be conducted between the hours of 9:00 a.m. and 9:00
p.m. on any day.
[Added 5-6-1985]
It shall be the duty of the police officers
of the Borough of South Plainfield to examine all places of business
and persons in their respective territories subject to the provisions
of this article, to determine if this article has been complied with
and to enforce the provisions of this article against any person found
to be violating the same. The Borough Clerk shall deposit the license
number with the Chief of Police, and the Chief of Police shall report
to the Borough Clerk any complaints against any person licensed under
the provisions of this article and any conviction for violation of
this article; the Borough Clerk shall keep a record of all such licenses
and of such complaints and violations.
[Added 5-6-1985]
A.
The permits and licenses issued pursuant to this article
may be revoked by the Borough Council of the Borough of South Plainfield
after notice and hearing for any of the following causes:
(1)
Any fraud, misrepresentation or false statement contained
in the application for license;
(2)
Any fraud, misrepresentation or false statement made
in connection with the selling of goods, wares or merchandise;
(3)
Any violation of this article;
(4)
Conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude; or
(5)
Conducting the business licensed under this article
in an unlawful manner or in such a 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 hearing for revocation of a license shall
be given in writing, setting forth specifically the grounds of the
complaint and the time and place of the hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his address as set
forth in his application for said license.
[Added 5-6-1985]
The rules, regulations and standards contained
in this article shall be considered the minimum requirements for the
protection of public health, safety and welfare of the citizens of
the Borough. Any action taken by the municipal agency under the terms
of this article shall give primary consideration to the aforesaid
matters and to the welfare of the entire community. However, if the
applicant for a license or merchant can clearly demonstrate to the
governing body that because of the particular nature of the type of
goods to be offered for sale, the literal enforcement of one or more
of these regulations is impracticable or will exact undue hardship,
the governing body may permit such variations or modifications as
may be reasonable and within the general purpose and intent of the
rules, regulations and standards established by this article.
[Amended 7-21-2008 by Ord. No. 1826]
Any person required by this article to procure
a license who violates its terms or who violates any provisions of
this article shall, upon conviction thereof, pay a fine of not more
than $500 or be imprisoned in the county jail for a term of not more
than 30 days.
[Added 9-21-2015 by Ord.
No. 2036]
The Borough Police Department shall maintain a "No Knock List," a copy of which shall be provided to all persons or organizations required to register pursuant to this article, and in accordance with the provisions of N.J.S.A. 47:1A-5. All residents of the Borough may register his or her name, address and/or unit/apartment number with the Borough Police Department to be placed on the "No Knock List," indicating that they do not want persons so registered to approach their homes and/or seek personal contact with the occupants of the registered home. Once the resident has been approved by the Borough Police Department to add his or her name to the "No Knock List," the resident shall be provided with a "No Knock" sign to post by the front entrance of the home to warn peddlers, solicitors, canvassers or transient merchants. It shall be unlawful for any peddler, solicitor, transient merchant, or canvasser that has been required to register with the Borough to approach or seek personal contact with the occupants therein if the residence is registered on the "No Knock List," or if the resident has posted a "No Knock" sign. Anyone violating this subsection shall be subject to the penalties established by § 327-17.
