[HISTORY: Adopted by the Township Council of the Township
of Clark as indicated in article histories. Amendments noted where
applicable.]
[Derived from Sec. 4-2 of the 2002 Revised General Ordinances,
adopted 12-16-2002 by Ord. No. 02-27]
As used in this article, the following terms shall have the
meanings indicated:
Any person who applies for a license in accordance with the
terms and provisions of this article.
A person, whether a resident of the Township or not, traveling
either by foot, wagon, automobile, motor truck or any other type of
conveyance from place to place, from house to house or from street
to street to take or attempt to take orders for sale of goods, wares,
merchandise, books, magazines or personal property of any nature whatsoever
for future delivery, or for services to be furnished or performed
in the future, whether or not the individual has, carries or exposes
for sale a sample of the subject of the sale, and whether or not he/she
accepts an advance payment for the goods.
Any person who takes a poll or a survey from house to house
or on the streets or distributes advertisements or handbills or solicits,
petitions, entreats or importunes opinion, sentiment, support, monies
or other things of value on behalf of any individual or individuals
or any private organization or organizations. This shall not include
wholesalers calling on retail merchants.
Any person who has applied for, has been issued and holds
a license in accordance with the terms and provisions of this article.
Magazines, periodicals, all kinds of articles of personal
property for domestic use and orders or contracts for home improvements
or alterations.[1]
Any person who takes a poll or a survey from house to house
or on streets or distributes handbills or solicits petitions, entreats
or importunes opinion, sentiment, support, monies, donations or other
things of value on behalf of any individual or individuals or any
private organization or organizations. This shall not include wholesalers
calling on retail merchants.[2]
Any person, whether a resident of the Township or not, traveling
by foot, wagon, automotive vehicle or any other type of conveyance
from place to place, from house to house or from street to street,
carrying, conveying or transporting merchandise, offering and exposing
the same for sale, or making sales and delivering articles to purchasers.
"Peddler" shall also mean any vendor seeking to sell its wares at
any public celebration event sponsored by the Township of Clark, whether
by a booth, stand or motor vehicle facility and irrespective of the
period encompassed by the public event. "Peddler" and "transient merchant"
shall also mean any person or entity, whether a resident of the Township
of Clark or not, who provides an amusement device for the use and
enjoyment of all persons in any public celebration within the Township
of Clark. "Hawkers," "hucksters" and "vendors" shall also be included
in this definition.
[Amended 5-4-2009 by Ord. No. 09-15]
Any business conducted for the sale or offer for sale of
goods, wares or merchandise which is carried on in any building, structure,
motor vehicle, railroad car or real estate for a period of less than
three months in each year.
Any person who engages in, does or transacts any temporary
or transient business in the Township, either in one locality or in
traveling from place to place in the Township, offering for sale or
selling goods, wares, merchandise or services, and includes those
merchants who, for the purpose of carrying on such business, hire,
lease, use or occupy any building, structure, motor vehicle, railroad
car or real estate. "Transient merchant" also includes any person
who, as a private enterprise, schedules, organizes or promotes any
entertainment, concerts, athletic events, contests or competitions
or beauty pageants to be held on a nonregular basis and which require
the payment of a fee for entry or admission, wherein such event is
to take place within the confines of the Township; provided, however,
that no such person shall be classified as a transient merchant if
he/she is sponsored by any bona fide civic, fraternal, educational
or religious organization having a local chapter in the Township.
"Transient merchant" shall also mean any vendor seeking to sell its
wares at any public celebration event sponsored by the Township of
Clark, whether by a booth, stand or motor vehicle facility and irrespective
of the period encompassed by the public event. "Peddler" and "transient
merchant" shall also mean any person or entity, whether a resident
of the Township of Clark or not, who provides an amusement device
for the use and enjoyment of all persons in any public celebration
within the Township of Clark.
[Amended 5-4-2009 by Ord. No. 09-15; 1-17-2012 by Ord. No. 12-01; 11-21-2016 by Ord. No. 16-11]
[Amended 1-17-2012 by Ord. No. 12-01]
No person shall engage in business or operate as a hawker or peddler, canvasser, solicitor, transient merchant or noncommercial solicitor without having first obtained a license from the Township Clerk in compliance with the provisions of Chapter 203 and without being in compliance with all other terms and provisions of this article.
[Amended 5-4-2009 by Ord.
No. 09-15; 1-17-2012 by Ord. No. 12-01; 11-21-2016 by Ord. No. 16-11; 10-16-2017 by Ord. No. 17-17]
Each applicant under this article shall pay the following established
fees for such license, which shall not be prorated:
A.Â
Applicants for a license shall comply with the provisions of §§ 203-2 and 203-3. In addition, any transient merchant desiring to transact business within the confines of the Township shall include the following information:
(1)Â
A statement
showing the kind of business proposed to be conducted, the length
of time for which the applicant desires to transact such business
and the location or locations of such proposed place of business.
(2)Â
Proof
that the applicant has acquired all other required Township, county
and state permits and licenses.
B.Â
Any person seeking a license as a peddler or solicitor shall submit
an application therefor to the Chief of Police or his designee. The
following information shall be required of each applicant:
[Amended 1-17-2012 by Ord. No. 12-01]
(1)Â
Full name of applicant.
(2)Â
Specific address for the last three years.
(3)Â
Age, date of birth and physical description.
(4)Â
Social security number; home telephone number.
(5)Â
Driver's license number; marital status.
(6)Â
Employer's name, address and telephone number.
(7)Â
Product, merchandise or services to be sold or the purpose for which
the application is made.
(8)Â
Vehicle or vehicles to be used: make, model, registration number
and owner's name, address and telephone number; name, address
and policy number of insurance company.
(9)Â
Arrest/conviction record.
(10)Â
The date of issuance and expiration date of the license.
(11)Â
Signature of the Township Clerk as issuing officer.
(12)Â
A two-inch by two-inch photograph of the applicant, for use
on the license.
(13)Â
A request for a criminal history record information (SB1212)
shall be forwarded to the New Jersey State Police, State Bureau of
Identification, for each applicant. The applicant shall pay the fee
for this search in the amount of the fee charged by the New Jersey
State Police by money order.
(14)Â
Any other appropriate information which the Township Council
may, by resolution, require.
A.Â
Each registered agent designated by an applicant in the application
for a license shall be a resident of the State of New Jersey and shall
be the agent of the applicant upon whom any process, notice or demand
required or permitted by law to be served upon the applicant may be
served. The registered agent shall agree, in writing, to act as such
agent, and a copy of the agreement to so act shall be filed by the
applicant with the application for a license.
B.Â
The Township Clerk shall maintain an alphabetical list of all licensees
in the Township and the names and addresses of their registered agents.
C.Â
If any licensee doing business or having done business in the Township
shall fail to have or maintain a registered agent in the State of
New Jersey, or if such registered agent cannot be found at his/her
permanent address, the Township Clerk shall be the agent of such licensee
for service of all process, notices or demands. Service on the Township
Clerk shall be made by delivering to and leaving with him/her, or
any person designated by the Township Clerk to receive such service,
duplicate copies of the process, notice or demand. When any such process,
notice or demand is served on the Township Clerk, he/she shall immediately
cause one copy thereof to be forwarded by certified mail to the permanent
address of the licensee. The provisions of this article shall not
limit or otherwise affect the right of any person to serve any process,
notice or demand in any other manner now or hereafter authorized by
law.
D.Â
Acceptance of the license shall be deemed to be authorization by
the applicant for the Township Clerk to act as his/her substituted
registered agent.
Each application for a license shall be accompanied by a cash
bond or a surety bond issued by a corporate surety authorized to do
business in the State of New Jersey in the amount of $5,000. The surety
bond shall be in favor of the Township of Clark and shall assure the
payment by the licensee of all taxes that may be due from the licensee
to the State of New Jersey or any political subdivision of the state,
the payment of any fines that may be assessed against the licensee,
his/her agents or employees for violation of the provisions of this
article, the satisfaction of all judgments that may be rendered against
the licensee, or his/her agent or employees, in any cause of action
commenced by any purchaser of goods, wares, merchandise or services
within one year from the date of the sale of such licensee, and/or
the satisfaction of any judgment on file arising out of litigation
initiated by the New Jersey Attorney General, the Division of Consumer
Affairs, the New Jersey Office of Consumer Affairs or any individual
pursuant to the provisions of Title 12A of the New Jersey Statutes.
The bond shall be maintained so long as the licensee conducts business
in the Township and for a period of one year after the termination
of such business and shall be proof to the Township Clerk that he/she
has satisfied all claims of purchasers of goods, wares, merchandise
or services from such merchant, and that all state and local sales
taxes and fees have been paid.
[Amended 10-16-2017 by Ord. No. 17-17]
A license may be issued hereunder only by the Township Clerk
and only when all requirements of this article have been met. Such
license shall not be transferable, shall be valid until December 31
of the year in which it was issued, regardless of the issue date and
shall be valid only for the business stated in the application. A
license so issued shall be valid for only one person, unless such
person shall be a member of a partnership or employee of a firm or
corporation obtaining such license.
[Amended 10-16-2017 by Ord. No. 17-17]
All licenses expire on December 31 of the year in which they
were issued, regardless of the issue date. Upon the expiration of
the license, the holder thereof shall surrender the badge(s) to the
issuing department. He or she may apply for a new license upon the
same terms and conditions as set forth herein.
A.Â
The Township Council may revoke any license issued hereunder at any
time if it finds that the conduct of the licensee or the continued
existence of the license is inimicable to the health, safety and/or
welfare of the people of the Township, or any of them. In such event,
the licensee shall be entitled to a hearing before the Township Council
within 30 days from the date of the revocation. The licensee shall
be entitled to appear with an attorney at such hearing and to present
witnesses and other proofs tending to show that the continuance of
his/her license is not inimicable to the health, safety and/or welfare
of the people of the Township, or any of them.
It is the duty of the Police Department and the Construction
Code Official to enforce the provisions of this article.[1]
No licensee shall sell or attempt to sell any articles to pedestrian
or vehicular traffic other than when his/her vehicle is properly parked
immediately adjacent to the curb of a public street in a permitted
locality. Such licensee shall at no time double park when dealing
with any of his/her trade and in no event shall transact any of his/her
business operations other than on the curb side of his/her vehicle.
No licensee shall at any time permit any waste materials or
parts of produce or any other merchandise to remain in or upon any
street, roadway, curbs or walks and shall at all times remove any
such debris that may have fallen from his/her vehicle. Such litter
shall be immediately placed in the metal containers as hereinabove
provided.
All sales of any merchandise by any licensee shall, at the time
of the sale, be placed in bags or other like suitable containers when
such merchandise is handed to the customer.
All licensees, while carrying on their permitted business, shall
fully comply at all times with all of the terms, covenants and conditions
of this article and all other applicable Township ordinances and all
other applicable state laws, regulations or provisions pertaining
thereto and particularly, but not in limitation thereof, those that
may deal with provisions of health, safety and general welfare.
The terms of Chapter 203 and of this article shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, and nothing contained herein shall be held to prohibit any sale required by statute or by order of any court.
A.Â
Any person holding a peddler's or solicitor's license issued
by the Chief of Police under the authority of this article, or by
the Clerk of the County of Union under the authority of N.J.S.A. 45:24-10,
shall be required to carry such license with him/her while engaged
in the business or activity licensed within the corporate limits of
the Township. The licensee shall produce such license at the request
of any official of the Township or at the request of any person with
whom he/she wishes to conduct business.
B.Â
Each licensee shall restrict his/her peddling or soliciting activities
within the Township to the hours between 10:00 a.m. and 7:00 p.m.
from April 15 to October 15 and 10:00 a.m. to 5:00 p.m. from October
16 to April 14, prevailing time, on Mondays through Saturdays and
shall notify the police officer on duty at least once in every week
in which he/she plans to conduct his/her activities. Such notification
shall include a statement of the general area of the Township in which
the licensee intends to conduct such activities and a schedule of
dates and times when such activities shall be conducted. The licensee
shall notify the police officer on duty of any change in area or in
dates or times should such changes be made during the week.
[Amended 10-16-2017 by Ord. No. 17-17]
[1]
Editor’s Note: Former § 248-16, Inspection of vehicles,
as amended, was repealed 10-16-2017 by Ord. No. 17-17.
A.Â
No licensee
shall:
(1)Â
Call attention to his/her business or to his/her merchandise by crying
out, blowing a horn or by any other loud or unusual noises.
(2)Â
Conduct, or attempt to conduct, his/her business at any residence
or on any property on which is posted a sign expressly prohibiting
such activity.
(3)Â
Conduct, or attempt to conduct, his/her business within 200 feet
of any place occupied exclusively as a public or private school or
for school purposes, not during such times, shall he/she permit his/her
cart, wagon or vehicle to stand on any public highway within such
distance of any school property.
(4)Â
Allow any other person to use the license issued hereunder.
(5)Â
Sell or offer to sell any articles, except those authorized under
license, or canvass or solicit for any purpose other than authorized
by such license.
(6)Â
Annoy or harass any owner, tenant, resident or other person by the
use of indecent, offensive or insulting remarks, actions or gestures.
(7)Â
Delay his/her departure for any unreasonable length of time after
any owner, tenant, resident or other person has signified his/her
lack of intention to purchase.
(8)Â
Distribute advertisements, circulars or literature, or perform any
other acts hereunder, in such manner as to litter or cause the littering
of any street or public or private property or in any manner to cause
annoyance or harassment to any person.
(9)Â
Approach any building or property other than on the walks or paths
leading to the front door of such building or property. The licensee
shall not cross any lawns, shrubbery, flowers or private grounds.
(10)Â
Canvass, solicit or distribute circulars or other matter or
call from house to house in the Township to sell goods, either in
bulk or by sample, or take orders for future delivery, with or without
accepting advance payments for the goods, or engage in the business
of a huckster, hawker or peddler, except during the days and hours
designated.
[Amended 10-16-2017 by Ord. No. 17-17]
B.Â
All persons and business entities, irrespective of whether the same
are public interest, nonprofit, commercial or for profit, are prohibited
from polling, surveying, soliciting, calling from house to house for
monies and donation, in all residential zones, except during the following
periods:
[Amended 2-18-2014 by Ord. No. 14-03]
(1)Â
April
15 to October 15: 10:00 a.m. to 7:00 p.m.
(2)Â
October
16 to April 14: 10:00 a.m. to 5:00 p.m.
(3)Â
Notwithstanding
anything contained in the ordinance (Ordinance No. 14-03) to which
this is an amendment to the contrary, canvassing, solicitation, calling
from house to house, and other activities of similar nature whether
commercial or noncommercial purposes is strictly prohibited on Sundays
and all federal holidays.
[Added 4-21-2014 by Ord. No. 14-07; amended 6-16-2014 by Ord. No. 14-16]
[Amended 7-18-2005 by Ord. No. 05-17]
A.Â
The provisions
of this article shall not apply to the following:
(1)Â
Anyone who solicits any votes as support for a bona fide political
or school board candidate seeking office; anyone who solicits signatures
for a petition to redress grievances or in support of a referendum
and initiative in municipal affairs, provided that no monies, donations
or other things of value are solicited simultaneously therewith.
(2)Â
Any person honorably discharged from the military services of the
United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-10 et seq.
(3)Â
Any person who is an exempt firefighter of a volunteer fire department,
as defined by N.J.S.A. 45:24-10 et seq., possessing a license in conformity
with the law.
(4)Â
Any person engaged in the delivery of goods, wares, merchandise or
other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
(5)Â
Those persons under 18 years of age, soliciting for charitable purposes.
(6)Â
Federal census takers and polls or surveys taken pursuant to federal,
state or local laws.
(7)Â
Any school, religious association, political or civic organization,
benevolent society, service club or organization not for profit which
is located in, or has a substantial membership from, the Township,
except that prior written Township Council approval to solicit shall
be required.
(8)Â
Farmers and gardeners selling the products of the farm or garden.
(9)Â
Employees of any public utility which is subject to the regulation
of the Board of Public Utilities Commission of the State of New Jersey;
provided, however, that such employee shall display the identification
badge or card issued by his/her employer.
(10)Â
Any person calling upon any occupant of any dwelling, residence
or building in the Township pursuant to a request to so call by such
occupant.
(11)Â
Sales at wholesale to retail merchants by commercial travelers
or selling agents in the usual course of business.
(12)Â
Wholesale trade shows and/or conventions.
(13)Â
Sales of goods, wares or merchandise by sample catalogue or
brochure for future delivery.
(14)Â
Any general sale, fair, auction or bazaar sponsored by any civic,
fraternal, educational or religious organization.
(15)Â
Garage sales held on the premises devoted to residential use.
(16)Â
Sales of crafts or items made by hand and sold or offered for
sale by the person making such crafts or handmade items, provided
same are offered for sale on the residential or commercial premises
owned or leased by such person.
(17)Â
Any new home construction contractor, residential developer,
master plumber or electrical contractor who is licensed or regulated
by any state, county or Township agency, division, department or professional
board and any contractor of home improvements as defined in the New
Jersey Administrative Code who, in the normal course of business,
advertises or performs his/her services in the Township, provided
that any such tradesperson complies with all state, county and Township
regulations enforceable by the Township Construction Code Official.
(18)Â
Sale of produce, flowers or other agricultural products from buildings or from roadside stands where the premises in question are owned or leased by the merchant, it being the express intention of this article that nothing herein shall prohibit the sale of agricultural products on land owned by the merchant unless prohibited by Chapter 195, Part 3, Zoning.
B.Â
A transient merchant not otherwise exempted from the provisions of
this article shall not be relieved or exempted from the provisions
of this article by reason of associating himself/herself temporarily
with any local dealer, auctioneer, trader, contractor or merchant
or by conducting such temporary or transient business in connection
with or in the name of any local dealer, auctioneer, trader, contractor
or merchant.
[1]
Editor’s Note: Former § 248-18, Maintenance and
inspection of equipment, was repealed 10-16-2017 by Ord. No. 17-17.
A.Â
Any person
who violates any provision of this article shall be subject to a penalty
as follows:
(1)Â
First offense: a fine of not more than $500 or 90 days in jail or
community service of not less than 40 hours, or any combination thereof.
(2)Â
Second offense: a fine of not less than $150 nor more than $500 or
90 days in jail or community service of not less than 80 hours, or
any combination thereof.
(3)Â
Third and subsequent offenses: a fine of not less than $300 or 90
days in jail or community service of not less than 120 hours, or any
combination thereof.
B.Â
Each day on which a violation occurs shall be deemed to constitute
a separate violation of this article.
[Derived from Sec. 4-3 of the 2002 Revised General Ordinances,
adopted 12-16-2002 by Ord. No. 02-27]
As used in this article, the following terms shall have the
meanings indicated:
Patriotic, religious, eleemosynary, benevolent, educational,
civic or fraternal associations, societies and the like.
The giving of alms, food, clothes, money subscriptions, pledges
or property of any nature or kind.
As defined in Chapter 1, General Provisions, and shall include any church, religious denomination, society, class or league.
The request, directly or indirectly, of money, credit, property,
financial assistance or other things of value on the plea or representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable and philanthropic purpose,
as defined in this article. Solicitation shall be deemed to be complete
when made, whether or not the person making the same receives any
contribution.
No person or organization shall solicit charitable and philanthropic
contributions within the Township without first obtaining a permit
authorizing such public solicitations, provided that the provisions
of this article shall not apply to any established person or organization
authorized and not operated for the pecuniary profit of any person
if the solicitations by such person or organization are conducted
among the members thereof or if the solicitations are in the form
of collections or contributions at the regular assembly or meetings
of any such person or organization.
A.Â
Application for a permit to make a public solicitation of funds by
charitable and philanthropic organizations shall be made to the Township
Clerk upon forms provided by the Township. Such application shall
include the name and address of a designated representative(s) to
be responsible for the supervision of any public solicitation. Any
organization may designate the custodial parent or guardian as the
designated representative for each child soliciting for the organization,
provided those parents or guardians are notified in writing of such
designation.
B.Â
An investigation of the application shall be made by the Chief of
Police to determine that the person or organization is bona fide.
Upon making such determination, the Chief of Police shall notify the
Township Clerk.
Upon authorization of the Township Council, the Township Clerk
shall issue a license for the conduct of activities under this article.
There shall be no fee for a permit issued hereunder.
The Township Clerk shall keep a current calendar of approved
solicitations to be conducted within the Township. The Township Clerk
may propose alternate dates for a solicitation if the requested dates
should unfairly conflict with other solicitations being conducted
within the Township.
No permit may grant the right to solicit for a period longer
than 30 consecutive days.
Any person or organization receiving money from any contributor
under a solicitation made pursuant to this article shall give to the
contributor a written receipt signed by the solicitor showing the
date and the amount received, provided that this article shall not
apply to any contribution collected by means of a closed box or receptacle
used in the solicitation where the use thereof has been approved by
the Township Council, where it is impractical to determine the amount
of each contribution.
[Amended 2-18-2014 by Ord. No. 14-03; 6-16-2014 by Ord. No. 14-16]
All solicitations conducted under the authority of this article
shall take place from the hours of 10:00 a.m. to 7:00 p.m. during
the period of April 15 to October 15 and 10:00 a.m. to 5:00 p.m. during
the period of October 16 to April 14, and no solicitations shall be
conducted on Sundays or any federal holidays.
A.Â
Any child under the age of 13 who engages in public solicitation
in accordance with this article shall be accompanied by an adult.
B.Â
The term "public solicitation" as used in this section shall include
door-to-door solicitation, as well as solicitation in shopping centers
and along public thoroughfares.
C.Â
Penalties.
(1)Â
Violation of this article shall, in the first instance, result in
a written warning to the designated representative of the organization
and such child from the Clark Police Department. Upon a second offense,
either by the same child or the same designated representative, the
Chief of Police or his designee shall call the child and the designated
representative of the organization to a meeting. The refusal or failure
to attend such meeting requested by the Chief of Police or his designee
shall constitute a third offense under this article.
(2)Â
Third and subsequent offenses shall result in the issuance of a summons
to the designated representative of the organization and subject such
representative to a fine not to exceed $250 and/or up to 25 hours
of community service.
D.Â
Exception. This article shall not apply to children's activities
on Halloween.
