[HISTORY: Adopted by the Township Committee of the Township
of Ocean as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 1963-1 (§ 6-3 of the 1972 Ocean Codified Ordinances)]
A.
No person shall canvass, solicit or call from house to house in the
Township without having first reported to and received a permit from
the Township Committee.
Each applicant shall furnish with and as a part of his/her application
a complete set of fingerprints prepared by a competent and reliable
person or a police department of New Jersey, the State Police of New
Jersey or by the sheriff's office of Ocean County and a recent
and authentic photograph of the applicant showing both side and front
views of his/her face. Each applicant shall also render with his/her
application the sum of $5, which shall be retained by the Township
to cover the municipal services in interviewing the applicant, examining
his/her application, the making of such investigation as shall be
required in connection with the application and the issuance of the
permit or the refusal to issue the permit.
Every permit issued under the provisions of this article shall
specify the number of hours or days or both that the permit will be
in effect.
No person shall canvass or solicit within the Township except
between the hours of 9:00 a.m. and 5:00 p.m. A copy of the permittee's
photograph shall be carried on his/her permit, which photograph shall
be furnished by the applicant. The permittee shall exhibit his/her
permit to any police officer or other person on request. The permittee
shall be courteous to all persons in canvassing or soliciting and
shall not importune or annoy any of the inhabitants of the Township
and shall conduct himself/herself in lawful manner. On expiration
of the permit, the holder thereof shall surrender it to the governing
body by delivery to the Township Clerk.
This article shall not affect any person engaged in the delivery
of merchandise or other things in the regular course of business to
the premises of persons ordering or entitled to receive them or any
person engaged in activities for or on behalf of charitable religious,
civic or political organization.
[Added by Ord. No. 2006-10]
A.
The Township Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Clerk that canvassing,
peddling, itinerant vending and door-to-door sales enterprising are
not permitted on the premises (hereinafter referred to as the "do-not-knock
registry"). Notification shall be by completion of a form available
at the Township Clerk's office during normal business hours.
The list shall be updated on January 1 and July 1 of each year.
B.
Any owner and/or occupant who has requested enlistment on the do-not-knock registry, pursuant to Subsection A of this section, shall be able to purchase from the Clerk's office, for a nominal fee, a sticker for display at his/her/its premises indicating enlistment on the do-not-knock registry.
C.
The Township Clerk shall submit the do-not-knock registry to the
Chief of Police biannually to be distributed to applicants for a license
to peddle, canvass, itinerant vend or otherwise door-to-door sell
pursuant to the provisions of this article. The licensee shall not
peddle, canvass, itinerant vend or conduct door-to-door sales at any
premises identified on the then-current do-not-knock registry.
D.
Any canvasser, peddler, itinerant vendor or owner or employee of
a door-to-door sales enterprise who violates any provision of this
section shall be:
[Added by Ord. No. 2006-10]
It shall be the duty of any police officer of the Township of
Ocean or the Code Enforcement Officer or person holding a substantially
similar position, if any, to enforce the provisions of this article.
[Added by Ord. No. 2006-10]
The Township Clerk shall maintain a record of all licenses issued
under the provisions of this article and shall record therein all
convictions for violations of this article and other pertinent circumstances
and incidents reported by the Chief of Police.
[Amended by Ord. No. 2006-10]
A.
Licenses issued under the provisions of this article may be revoked
by the Chief of Police, in writing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license;
(2)
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the business licensed;
(3)
Any violation of this article;
(4)
Conviction of any crime involving moral turpitude;
(5)
Conducting the business licensed in an unlawful manner or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
B.
Revocation of a license may be appealed to the Township Committee in the same manner as set forth in § 215-9 of Chapter 215, Licensing, of the Code of the Township of Ocean, for an appeal of a denial of a license. The licensee may not operate the business or enterprise licensed during the pendency of said appeal.
[Added by Ord. No. 2006-10]
Any person aggrieved by the action of the Township Clerk in the denial of a license as provided in § 215-10 of Chapter 215, Licensing, of the Code of the Township of Ocean, shall have the right of appeal to the Township Committee. Such appeal shall be taken by filing with the Township Committee, within 10 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Committee shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 215-10 of Chapter 215, Licensing, of the Code of the Township of Ocean, for notice of hearing on revocation. The decision of the Township Committee on such appeal shall be final and conclusive.
[Added by Ord. No. 2006-10]
All licenses issued under the provisions of this article shall expire December 31 of the calendar year in which they are issued. Any such license may be renewed upon payment of the license fee as stated in § 215-8 of Chapter 215, Licensing, of the Code of the Township of Ocean, and upon submission by the licensee of a new application in conformity with the requirements of § 215-2 of Chapter 215, Licensing, of the Code of the Township of Ocean, or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring said application completely up to date.
[Added by Ord. No. 2006-10]
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to a fine not to exceed $500 or
to imprisonment not to exceed 90 days, or both. Each and every day
that a violation of the provisions of this article shall continue
after issuance of the initial summons or complaint shall be deemed
and considered a separate and specific violation of this article.
[Adopted by Ord. No. 1980-24 (§ 6-2 of the 1972 Ocean Codified Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
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 goods, wares, merchandise, meats,
fish, vegetables, fruits, foods, ice cream, fruit ices, soda water,
garden farm products or provisions, offering and exposing the same
for sale, or making sales and delivering articles to purchasers. "Hawkers,"
"hucksters," and "vendors" are included.
It is unlawful for any person to engage in the business of peddler
within the corporate limits of the Township without first obtaining
a license.
[Amended by Ord. No. 2001-3; 11-10-2016 by Ord.
No. 2016-12]
The license fee for a peddler shall be $1,000. This applies
to any peddler, whether on foot or from a vehicle. This license fee
shall be imposed annually. No portion of the fee as set forth herein
shall be prorated for any part of the year. In addition, any applicant
applying for such a license must obtain a background check from IdentoGO
MorphoTrust, Brick, New Jersey, at their sole cost and expense and
provide same to the Ocean Township Police Department. Each individual
peddler must have a copy of their license on their person while performing
any such solicitations within the Township of Ocean.
No peddler shall have any exclusive right to any location, nor
shall he/she be permitted to operate in any congested area where his/her
operations might impede or inconvenience the public. For the purpose
of this article, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced. For safety purposes, no peddler
shall be permitted to operate on Route 9 in the Township.
[Amended by Ord. No. 2001-3]
No person shall sell, offer for sale, hawk or peddle in the Township any of the items listed in § 273-13 before 9:00 a.m. or after 7:00 p.m., nor on Sunday or holidays.
It is the duty of any police officer of the Township to require
any person seen peddling, and who is not known by such officer to
be duly licensed, to produce his/her peddler's license and to
enforce the provisions of this article against any person found to
be violating the same.
This article shall not be construed to include:
A.
The delivery of milk, eggs, bread, newspapers or such other necessary
and perishable articles of food or merchandise of the type commonly
delivered on house-to-house basis at intervals of less than one week;
B.
Federal census takers and polls or surveys taken pursuant to federal,
state or local laws;
C.
Any veteran or volunteer fireman who holds special license issued
pursuant to N.J.S.A. 45:24-9 shall be exempt from application for
a license, but shall be required to comply with all other applicable
sections of this article.
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities shall be maintained
in clean and sanitary manner and be subject to the inspection of the
Board of Health or its authorized agents. Any violation found and
not immediately corrected shall be grounds for revocation of the license.
