[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford as indicated in article histories.
Amendments noted where applicable.]
[1]
Editor's Note: Former Art. I, Peddlers and Transient Merchants,
adopted 1-1-1982 as Sec 4-2 of the 1982 Recodification, was repealed
8-19-2014 by Ord. No. 2014-16.
[Adopted 1-1-1982 as Sec. 4-3 of
the 1982 Recodification; amended in its entirety 10-20-2009 by Ord. No.
2009-17]
For the purpose of this article, the following words as used
herein shall be considered to have the meanings herein ascribed thereto:
Any person determined by the Federal Internal Revenue Service
to be a tax exempt organization pursuant to Section 501(c)(3) or 501(c)(4)
of the Internal Revenue Code of 1986; or
Any person who is, or holds himself out to be, established for
any benevolent, philanthropic, humane, social welfare, public health,
or other eleemosynary purpose, or for the benefit of law enforcement
personnel, firefighters or other persons who protect the public safety,
or any person who in any manner employs a charitable appeal which
has a tendency to suggest there is a charitable purpose to any such
solicitation.
The activities of a charity seeking to obtain gifts or contributions
of money, clothing or any other valuable thing for the support or
benefit of any charity.
Offering for sale, selling and delivering to customers or
offering to render immediate services of any kind or description to
customers by any person traveling by foot or vehicle of any kind who
conveys or transports goods, articles or property of any kind or description.
[Added 8-19-2014 by Ord. No. 2014-16]
Any person who has obtained a valid certificate of registration
as hereinafter provided, which certificate is in the possession of
the solicitor on his or her person while engaged in soliciting.
Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
Any one or more of the following activities undertaken by
traveling from location to location, or along a state highway or county
road, or municipal street within the Borough of East Rutherford:
[Amended 8-19-2014 by Ord. No. 2014-16]
Selling or seeking to obtain orders for the purchase of, goods,
wares, merchandise, tickets, parking passes, foodstuffs, or services,
of any kind, character or description whatever, for any kind of consideration
whatever.
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or publication.
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publications.
Seeking to obtain gifts or contributions of money, clothing
or any other tangible things of value for the support or benefit of
any charitable or nonprofit association, organization, corporation,
or project.
Requesting information on the background, occupation, economic
status, social status, religious status, political status, attitudes,
viewpoints, occupants of a residence, telephone number, address, furnishings,
or the like of another person for the purpose of compiling such information
as raw data or refined data into a document, record, book, or directory
to be sold, or to be used wholly or in part for a commercial purpose,
provided that the term "soliciting" shall not apply to the following:
Peddling.
Transient merchant peddling.
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the New Jersey Department of
Transportation.
Any person who engages in merchandising business in East
Rutherford with intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
goods, wares and merchandise.
[Added 8-19-2014 by Ord. No. 2014-16]
The portion of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
Unless otherwise exempted pursuant to § 217-20, every person desiring to engage in soliciting as herein defined from persons in residences within this municipality is hereby required to make written application for a certificate of registration as hereinafter provided. Such certificate shall be carried by the solicitor.
A.
Application for a certificate of registration shall be made upon
a form provided by the Borough. The applicant shall truthfully state
in full the following information, under oath:
(1)
Name and address of present place of residence and length of residence
at such address; also business address if other than present address;
(2)
Address of place of residence during the past three years if other
than present address;
(3)
Age of the applicant;
(4)
Physical description of the applicant, including height, weight,
eye color, hair color, and other distinguishing characteristics;
(5)
Name and address of the person, firm or corporation or association
whom the applicant is employed by or represents; and the length of
time of such employment or representation;
(6)
Name and address of the employer during the past three years if other
than the present employer;
(7)
Description sufficient for identification of the subject matter of
the soliciting in which the applicant will engage;
(8)
Period of time for which the certificate is applied;
(9)
The date, or approximate date, of the latest previous application
for certificate under this section, if any;
(10)
Whether a certificate of registration issued to the applicant
under this section has ever been revoked;
(11)
Whether the applicant has ever been convicted of a crime under
the laws of the state or any other state or federal law of the United
States;
(12)
Names of the three most recent communities where the applicant
has solicited;
(13)
A description of the solicitor's proposed method of operation;
(14)
Signature of the applicant;
(15)
Social security number of the applicant;
(16)
A statement to the effect that if a permit is granted, it will
not be used or represented in any way as an endorsement by the Borough
or by any department or officer thereof.
(17)
Proof that a charitable applicant has a currently effective
registration with the State of New Jersey as required by law.
(18)
Fingerprints of the applicant, which shall be taken at an authorized
facility designated by the Chief of Police.
[Added 10-15-2013 by Ord. No. 2013-17]
(19)
A consent from the applicant, in a form approved by the Borough Attorney, in which the applicant consents to the Borough conducting a criminal background check on the applicant, including a local records search and a background investigation in the jurisdiction where the applicant resides. The East Rutherford Police Department shall conduct such background checks and report the results to the Mayor and Council for consideration under § 217-15.
[Added 10-15-2013 by Ord. No. 2013-17]
(20)
For transient merchants only, a sworn statement of the true
invoice of the amount, average quality or kind and value of the goods
to be offered for sale.
[Added 8-19-2014 by Ord. No. 2014-16]
(21)
For transient merchants only, a statement of the location of
such goods by street number and whether on the premises from which
they are sold or in warehouses or storage.
[Added 8-19-2014 by Ord. No. 2014-16]
(22)
For transient merchants only, to the application must be appended
the bills or invoices for the purchase of such goods; provided, however,
that the Borough Clerk may, after consultation with the Borough Attorney,
waive this requirement.
[Added 8-19-2014 by Ord. No. 2014-16]
(23)
For transient merchant peddlers only, the name and address of
each peddler acting for said merchant.
[Added 8-19-2014 by Ord. No. 2014-16]
(24)
For transient merchant peddlers only, three personal references
for each peddler.
[Added 8-19-2014 by Ord. No. 2014-16]
(25)
For peddlers and transient merchant peddlers only, the name
and post office address of the persons from whom goods making up the
stock were or are to be purchased.
[Added 8-19-2014 by Ord. No. 2014-16]
B.
Each applicant for a certificate of registration, or, in the case of soliciting on behalf of a group or association, each and every five persons, shall pay to the Borough Clerk a fee in the amount of $75 or fees otherwise provided in the Fee Ordinance. In addition, each applicant shall pay any costs required to obtain the applicant's fingerprints as required by § 217-14A(18). Notwithstanding the foregoing, each applicant for a certificate of registration for a peddler shall pay the fee of $100 annually; and for a transient merchant shall pay the fee of $500 for a period of six months.
[Amended 10-15-2013 by Ord. No. 2013-17; 8-19-2014 by Ord. No.
2014-16]
C.
No certificate of registration shall be issued to any person who
has been convicted of the commission of a crime under the laws of
New Jersey or any other state or federal law of the United States,
within five years of the date of the application; nor to any person
who has been convicted of a violation of any of the provisions of
this section; nor to any person whose certificate of registration
issued hereunder has previously been revoked as herein provided.
D.
As to transient merchants, a separate registration shall be made
for each branch, establishment or separate place of business in which
the occupation of a transient merchant is carried on, and each registration
shall authorize the registrant to carry on, pursue or conduct business
of a transient merchant only at the location indicated therein.
[Added 8-19-2014 by Ord. No. 2014-16]
E.
Before a registration for a peddler, transient merchant or transient
merchant peddler shall become effective, the applicant shall execute
and deliver to the Borough Clerk a good and sufficient bond from a
good and sufficient security, to be approved by the Borough Clerk,
equal in amount to 25% of the value of the personal property shown
in the application, but in no event shall the bond be less than $1,000.
The bond shall remain in force for at least one year and be conditioned
to indemnify and pay the Borough any penalties and costs incurred
in the enforcement of any of the provisions of this article and to
indemnify or reimburse any purchaser of such personal property in
a sum equal to at least the amount of any payments such purchaser
may have been induced to make through a misrepresentation as to the
kind, quality or the value of the personal property, whether the misrepresentations
were made by the owners or their servants, agents, or employees either
at the time of making the sale or in any advertisement printed or
circulated with reference to such personal property or any part thereof.
[Added 8-19-2014 by Ord. No. 2014-16]
The application for registration shall be presented to the Mayor
and Council at its next regularly scheduled meeting. If all provisions
of this section have been satisfied, the Mayor and Council shall issue
the requested certificate of registration. The Borough Clerk shall
keep an accurate record of every application received and acted upon
together with all other information and data pertaining thereto and
all certificates of registration issued under the provisions of this
section, and of the denial of applications. Applications for certificates
shall be numbered in consecutive order as filed, and every certificate
issued, and any renewal thereof, shall be identified with the duplicate
number of the application upon which it was issued.
A.
A certificate of registration shall expire on December 31 of the
year of issuance. The certificate of registration shall state the
expiration date thereof.
B.
Any certificate of registrations issued hereunder shall be revoked
by the Chief of Police if the holder of the certificate is convicted
of a violation of any of the provisions of this section, or has made
a false material statement in the application, or otherwise becomes
disqualified for the issuance of a certificate of registration under
the terms of this section. Immediately upon such revocation, written
notice thereof shall be given by the Chief of Police to the holder
of the certificate in person or by certified United States mail addressed
to his or her residence address set forth in the application. Immediately
upon the giving of such notice, the certificate of registration shall
become null and void.
Notice of the determination by the occupant of giving invitation
to solicitors, or the refusal of invitation to solicitors, to any
residence shall be given in the manner following:
A.
A weatherproof sign not less than three inches by four inches in
size shall be exhibited upon or near the main entrance door to the
residence, indicating the determination by the occupant, containing
the applicable words, as follows:
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"Only Solicitors Registered in East Rutherford Invited."
| |
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or
| |
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"No Solicitors Invited."
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B.
The letters shall be at least 1/3 inch in height.
C.
Such card so exhibited shall constitute sufficient notice to any
solicitor of the determination by the occupant of the residence of
the information contained thereon.
It shall be the duty of every solicitor upon going onto any
premises in East Rutherford upon which a residence as herein defined
is located to:
A.
Examine the notice provided for in this article, if any is attached,
and be governed by the statement contained on any notice.
B.
If the notice states "Only Solicitors Registered in East Rutherford
Invited," then the solicitor not possessing a valid certificate of
registration as herein provided shall immediately and peacefully depart
from the premises, and if the notice states "No Solicitors Invited,"
then the solicitor, whether registered or not, shall immediately and
peacefully depart from the premises.
C.
Any solicitor who has gone onto the premises of any residence or
gained entrance to any residence, whether invited or not, shall immediately
and peacefully depart from the premises when requested to do so by
the occupant.
D.
Exhibit his certificate of registration to the occupant.
E.
Request the occupant to read the certificate of registration.
F.
Inform the occupant in clear language of the nature and purpose of
the solicitation and whether the solicitor is representing a governmental
entity or whether he is representing a private person or organization.
The following acts are hereby declared to be unlawful and each
shall constitute a nuisance:
A.
To enter upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence, in accordance with the provisions of § 217-12.
B.
Whether registered or not, to enter upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, prior to 9:00 a.m. or after 9:00 p.m. for political candidates or organizations described in § 217-20 and after sundown for all other solicitors of any weekday or Saturday, or at any time on a Sunday or on a state or national holiday.
C.
Falsely represent, directly or by implication, that the information
is being solicited on behalf of a governmental organization.
D.
Solicitation by a charitable organization shall be for a charitable
purpose only.
E.
Each person soliciting charitable contributions on behalf of a charitable
organization shall be at least 18 years old.
[Amended 8-19-2014 by Ord. No. 2014-16]
A.
Exemptions from fee. The following shall be exempt from the payment
of fees under this article:
(1)
Any blind person who is a resident of this Borough.
(2)
Any person honorably discharged from military service of the United
States possessing a peddler's license issued pursuant to N.J.S.A.
45:24-9 and N.J.S.A. 45:24-10.
(3)
Any person who is an exempt firefighter of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10 and possessing
a license in conformity with those laws.
(4)
Any person selling fruits, vegetables and farm products grown by
himself or herself, with or without the help of others.
(5)
Any person who conducts a sale pursuant to law or court order.
(6)
Any charitable or religious society conducting sales where the proceeds
shall be applied to the payment of expenses of the sale and to the
charitable and religious business or affairs for which the charitable
or religious society exists.
B.
Exemptions from registration. Section 217-13 shall not apply to the following:
(1)
Employees of any public utility which is subject to regulation by
the State Board of Public Utilities, provided that such employee shall
display the identification badge or card issued by his or her employer.
(2)
Any person who, as a part of the regular course of business, is engaged
in the delivery of goods to the premises of persons previously ordering
and entitled to receive such goods.
(3)
Candidates for elective office or political party office.
(4)
Any member of any committee or organization of a duly constituted
political party as defined in N.J.S.A. 19:1-4 when such member is
engaged in lawful activities, functions or objectives of that political
party.
(5)
Any
charitable or religious society whose primary office is within the
Borough and where the proceeds shall be applied to the payment of
expenses and to the charitable and religious business or affairs for
which the charitable or religious society exists, and any person acting
on behalf of such charitable or religious society, including but not
limited to solicitation in the public roadway provided such solicitation
has the prior approval of the Mayor and Council. Provided the prior
approval of the Mayor and Council is obtained as to each solicitation
event in a public roadway, the Mayor and Council authorizes such solicitation
in accordance with N.J.S.A 39:4-60.
[Added 5-17-2016 by Ord.
No. 2016-07]
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to a fine of not more than $1,000
for each offense and shall forfeit the right to solicit in East Rutherford
for the longer of one year or the length of any sentences imposed
by a court of competent jurisdiction for any violation hereof or for
a conviction of any offense based on facts which would constitute
a violation hereof.
