[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-11-1995 by Ord. No. 1995-19]
As used in this article, the following terms shall have the meanings indicated:
- NON-PROFIT-MAKING VENDOR
- A person who, sells goods, the proceeds of which are devoted exclusively to the purpose 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 things of value.
- 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 and 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.
- An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
- A person selling the articles or services described above in the definition of "peddler" by sample or taking orders for future delivery, with or without accepting an advance payment for the goods and regardless of whether the solicitation be 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 purposes of this article are to monitor transient businessmen, to prevent dishonest business practices, to prevent the use of soliciting and canvassing to gain access to homes for criminal purposes and to maintain quiet and privacy for the residents of the City of Bordentown. The provisions of this article shall not apply to city-wide events sponsored by local businesses or religious organizations, such as, and including, but not limited to, the annual street fair and Cranberry Festival.
It shall be unlawful for any person to sell or dispose of, or to offer to sell or dispose of, any foodstuffs, goods, wares or merchandise within the City of Bordentown without first obtaining a license and having paid the license and/or other fees hereinafter prescribed.
The license fees shall not apply to any person who conducts a sale pursuant to state or court order, nor to any person who is an exempt member of a volunteer fire department or other lawfully organized nonprofit organization, as defined by New Jersey public laws. Said persons and/or organizations must comply with all requirements of § 213-5, as may be applicable.
Any person desiring a license shall file with the Chief of Police an application form, accompanied by the appropriate fee, as specified in § 213-8, which application shall contain the following:
The name of the applicant.
The applicant's age and date of birth.
The applicant's social security number.
The applicant's height and weight.
Two photographs of the applicant 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.
The applicant's permanent home residence.
The place or places of residence of the applicant for the preceding three years.
The name and address of the persons from which goods making up the stock were or are to be purchased.
Three business references.
The length of time for which the license is desired.
A description of the nature of the business and the goods, services or wares to be sold and sufficient information to determine whether or not the business he is to transact is interstate or intrastate.
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense, where and when so convicted, the nature of the offense and the penalty.
The make, model, year, color and license plate number of the vehicle used by the applicant during the period of solicitations within the City of Bordentown, and the number of his driver's license and the state of issuance.
Whether the applicant has provided a certificate of authority to collect taxes from the State Division of Taxation.
Copies of declaration pages of all insurance maintained by the applicant related to its business and business vehicle.
In the event the applicant is an organization or person referred to in § 213-4, the Commissioners may waive one or more of the referenced information requirements at their sole discretion.
Applicants applying for a license to operate as a vendors at the municipal boat ramp area shall so state on the application.
Following the filing of the application and the payment of the appropriate fee, as required under § 213-8 of this article, the Chief of Police shall verify the information. The Chief, based on the applicant's criminal background, may, in his discretion, require the applicant to have his fingerprints taken, to be compared with those on file with the Federal Bureau of Investigation and the State Bureau of Identification, and, based on his findings, shall either signify his approval or rejection of the application to the Board of Commissioners of the City of Bordentown, who shall act upon the same as soon as the necessary investigation and recommendations by said Chief of Police have been made. Upon approval of the application and payment of the fees, the license shall be issued by the Clerk of the City of Bordentown who shall keep the necessary records pertaining thereto. For all license classes, the license shall not authorize any person, except the person named in said license, to engage in the business specified. 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. The Board of Commissioners has full discretion as to whether or not to issue a license and can limit the amount of licenses issued as it sees fit and can revoke a license upon reasonable cause. The Commissioners' decision as to the issuance of a license shall be final.
Every person holding a license under this article shall be required to carry the license on his person 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 City of Bordentown. To every person granted a license, the Clerk of the City of Bordentown shall issue a license certificate which shall display a photograph of the applicant, the number of the license and the dates for which it is issued.
License and processing fees shall be as follows:
A fee of $50 shall be paid for the processing of each license application and shall apply to each individual who makes application for said license, except in the case of a license application to operate as a food vendor at the municipal boat ramp area, in which case the application fee shall be $500. Said processing fee shall include the cost of fingerprinting, the issuance of the license and the license issued therefor.
The license shall be valid for a period of five business days, except in the case of a license to provide food vending services at the municipal boat ramp area, in which case the license shall be valid for the time in which that area is open for public use as set forth in Chapter 116 of the Bordentown City Code. All licenses, other than those issued for the municipal boat ramp area, can be renewed without the need for reapplication upon payment of the stated fee, or upon written request, in the case of a nonprofit peddler or vendor. An applicant can receive up to 10 renewals without the need for reapplication. Boat ramp licenses must be reapplied for, in accord with this section, on an annual basis.
Unsuccessful applicants who are denied licenses shall have the fee returned.
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.
No person shall solicit or canvass at any residence without first securing written permission to do so from the individual homeowner on forms provided by the City of Bordentown.
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 5:00 p.m., prevailing time, except in the case of the municipal boat ramp area, in which case vendors shall be allowed to operate during the hours the ramp is open. The aforesaid time limitations shall not apply to persons who are expressly invited into homes by the occupants thereof.
No person shall hawk or sell wares within a distance of 100 feet of the nearest public building or commercial establishment. Nothing herein shall be read to proscribe the lawful activity of a vendor in the municipal boat ramp area.
No noisemaking device of any kind shall be used to attract attention.
No vehicle shall be parked upon any public street for the purpose of displaying or selling wares or merchandise, unless specifically approved by the city. Nothing herein shall be read to proscribe the lawful activity of a vendor in the municipal boat ramp area.
All persons covered by this article shall leave their names, addresses and telephone numbers with the home owner so that orders made may be canceled within a reasonable period of time.
All persons covered by this article shall be courteous to all persons with whom they shall meet, shall not annoy any of the inhabitants of the City of Bordentown and shall conduct himself or herself in a lawful manner at all times.
A license may be revoked by the Board of Commissioners of the City of Bordentown 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 licensed person shall be granted a hearing by the Board of Commissioners upon his request. A license may be suspended for not more than three 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.
Any person violating any of the terms or provisions of this article or conducting the business of peddler, solicitor or nonprofit-making vendor in this city without a license to do so shall, upon conviction thereof by the Municipal Court Judge of the City of Bordentown, be subject to a fine not exceeding $500 and/or by imprisonment in the County Jail for a term not exceeding 90 days, and/or up to 100 hours' community service, in the discretion of the Municipal Court Judge.
[Adopted 3-23-1998 by Ord. No. 1998-4]
The purpose of this article is to provide regulations governing solicitation of motorists in the roadway of a highway, other than interstate highways or toll roads, within the City of Bordentown.
No person shall stand in the roadway of a highway to stop, impede, hinder or delay the progress of a vehicle 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.
The Commissioners of the City of Bordentown may, by ordinance, authorize charitable organizations as defined in Section 3 of P.L. 1994, c. 16 (N.J.S.A. 45:17A-20) to solicit contributions in the roadway of a highway, other than interstate highways or toll roads maintained pursuant to P.L. 1962, c.10 (N.J.S.A. 27:12C-1 et seq.), P.L. 1991, c. 252 (N.J.S.A. 27:25A-1 et seq.), P.L. 1952, c. 16 (N.J.S.A. 27:12B-1 et seq.), or P.L. 1948, c. 454 (N.J.S.A. 27:23-1 et seq.), subject to regulations promulgated pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.) by the Department of Transportation.
The City of Bordentown shall not authorize charitable organizations to solicit on any county highway or intersection of a county highway without the approval of the Board of Chosen Freeholders. The City of Bordentown shall not authorize charitable organizations to solicit on any state highway or intersection without the approval of the Commissioner of Transportation. The Board of Chosen Freeholders and the Commissioner of Transportation shall not unreasonably withhold approval.
The Commissioner of Transportation may, by regulation, designate any highway or sections of any highway as a location wherein the standing of any person or the parking of any vehicle for the purpose of soliciting the purchase of goods, merchandise or tickets, or for the purpose of soliciting contributions for any cause, is deemed hazardous or inimical to the proper flow of traffic and shall be prohibited. Each highway or section thereof so designated shall be clearly marked by appropriate signs which shall be erected and maintained by the authority having the responsibility for the maintenance of such highway, upon receipt by such authority of written notice from the director of the adoption of such regulation. No person shall stand in, and no operator shall allow a vehicle to stand in, any section of a highway so designated and marked so as to stop, impede, hinder or delay the progress of a vehicle 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.
The determination of whether a solicitation is being done in a lawful fashion where it has first received approval of the county or state, as the case may be, shall be within the sole discretion of the City of Bordentown, and the city reserves the right to control, direct or modify such solicitations in order to ensure the safety of solicitors, pedestrians and motorists.
Any person found guilty of violating any of the provisions of this article shall pay, upon conviction, a penalty not to exceed $100.