[Adopted 6-11-46; amended 6-12-89 by Ord. No. 89-33; 7-14-03 by Ord. No. 03-21]
As used in this Article, the following terms shall have the meanings indicated:
CANVASSER
A person who is not in the business of selling goods, but one who goes from house to house or from place to place for the purpose of obtaining alms, contributions, or subscriptions, or who does research analyses, makes surveys or opinion polls, obtains rating data or similar information, or engages in educational, citizen lobbying activities or similar work which involves door-to-door or place-to-place activity.
[Added 7-14-03 by Ord. No. 03-21]
ITINERANT VENDOR
A person in the business of selling merchandise or services who conducts his business from a fixed location, but who does not intend to continue in business within the township permanently. A proprietor of a business which is seasonal in nature who suspends business during the off season shall not for that reason alone be considered an "itinerant vendor."
[Amended 6-12-89 by Ord. No. 89-33]
NONPROFIT ORGANIZATION
A group of persons, corporation or association organized for philanthropic, charitable, religious, patriotic or other public-service purposes and not for private gain. Examples of "nonprofit organizations" include veterans groups and organizations which assist the poor, the aged, the sick, the physically handicapped or mentally retarded; or which aid victims of fire, flood or similar catastrophes. This enumeration is intended to be typical and shall not be construed as exclusive.
PEDDLER
A person who goes from home to home or from place to place, whether on foot or in a vehicle, selling or renting and delivering goods and services.
[Amended 6-12-89 by Ord. No. 89-33]
SOLICITOR
A person who goes from house to house or from place to place selling merchandise by sample or by taking orders for future delivery with or without accepting advance payments for the goods and regardless of whether advance solicitation is 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, whether he obtains the order, delivers the goods or accepts money in payment for them.
[Added 7-14-03 by Ord. No. 03-21]
[Amended 8-14-95 by Ord. No. 95-26]
This Article shall not apply to any of the following persons:
A. 
Any person licensed by the Commissioner of Banking and Insurance or the Real Estate Commission of the State of New Jersey.
B. 
Persons selling personal property at wholesale to dealers in such articles.
C. 
Any sale required by statute or the order of any court.
D. 
Any person engaged in delivering merchandise or other things in the regular course of business to the premises of the person ordering or entitled to receive it.
E. 
Any person soliciting votes for a bona fide candidate for political office.
F. 
Members of a first aid squad as defined by the New Jersey Revised Statutes.
[Amended 9-12-77 by Ord. No. 77-122-M; 8-14-95 by Ord. No. 95-26; 7-14-03 by Ord. No. 03-21]
A. 
The following persons shall not be required to apply or secure a license nor to pay any processing or licensing fee, but shall comply with all other applicable provisions of this Code and shall be required to possess a special permit which will be issued by the Township Clerk upon presentation of proper identification and proof of their status:
[Amended 8-28-95 by Ord. No. 95-26]
(1) 
Veterans and members of volunteer fire departments, volunteer fire engine, hook and ladder, hose, supply company or salvage corps of any municipality or fire district in New Jersey holding a certificate of exemption, who are residents of the State of New Jersey and who hold a special license issued pursuant to N.J.S.A. 45:24-9, et seq.;
(2) 
Persons to whom a valid mercantile license has been issued under the provisions of laws or ordinances other than this chapter;
(3) 
Physically handicapped persons who are residents of the Township of East Brunswick; and
(4) 
Persons selling products grown on their own farms.
B. 
[Removed 7-14-03 by Ord. No. 03-21]
[Amended 7-14-03 by Ord. No. 03-21]
No person shall engage in business as a peddler, solicitor or itinerant vendor without having first obtained a license in accordance with the provisions of this Article.
[Amended 3-14-66 by Ord. No. 66-43; 6-27-66 by Ord. No. 66-56; 1-24-77 by Ord. No. 77-1-VV; 6-12-89 by Ord. No. 89-33]
The fee for a peddler's, solicitor's or itinerant vendor's license shall be fifty dollars ($50.) per person per year or any part thereof.
[Amended 7-14-03 by Ord. No. 03-21]
A. 
No person licensed under this Article shall engage in business before 9:00 a.m. or after 6:00 p.m. on weekdays. This subsection shall not apply to persons who are expressly invited by residents of the Township to come to their homes at a different time, nor shall this subsection apply to persons selling Christmas trees and related wreaths, blankets and floral displays during the Christmas season.
[Amended 12-27-76 by Ord. No. 76-122-L; 1-14-79 by Ord. No. 79-205; 7-14-03 by Ord. No. 03-21]
B. 
Peddlers selling manufactured ready-to-eat food products, such as ice cream or custard, shall be permitted to operate from 9:00 a.m. to 9:00 p.m. any day, including Sunday, but shall be subject to all other restrictions. This subsection shall be strictly construed.
C. 
A canvasser may conduct door-to-door canvassing between 9 a.m. to 9 p.m. in accordance with the provisions of this Article.
[Added 7-14-03 by Ord. No. 03-21]
Every person licensed under this Article shall conduct himself according to the following rules and regulations:
A. 
He shall not enter or attempt to enter the house of any resident of the township without an express invitation from the occupant of the house.
B. 
He shall not conduct himself in a manner that is objectionable or annoying to the occupant of any house.
C. 
No peddler or solicitor, nor any person on his behalf, shall shout, make any cry out, blow a horn, ring an electronically actuated bell, or use any sound devices, except for bells commonly used on ice cream trucks, including any loudspeaking radio or sound amplifying system upon any street, park or public place or private premises for any purpose directly or indirectly associated with attracting attention to or selling, renting or disposing of any goods, wares, merchandise, articles or services, which such licensee proposes to sell, rent or otherwise dispose of or distribute.
[Added 6-12-89 by Ord. No. 89-33]
[Added 7-14-03 by Ord. No. 03-21]
It is hereby declared to be the policy of the Township of East Brunswick that the occupant or occupants of residences in this Township shall determine whether an itinerant vendor, nonprofit organization, peddler, solicitor or canvasser may be permitted to solicit at their respective residences.
A. 
No itinerant vendor, nonprofit organization, peddler, solicitor or canvasser shall solicit any residence within the Township if there is a sign posted on the premises indicating that they are not welcome. Examples of such signs may include but are not limited to the following: "No Solicitation," "Solicitors Are Not Welcome" and "Canvassers Are Not Welcome."
B. 
Every itinerant vendor, nonprofit organization, peddler, solicitor or canvasser seeking to solicit any residence within the Township shall look for any signs indicating that they are not welcome prior to going onto the residence. If such a sign is posted, every itinerant vendor, nonprofit organization, peddler, solicitor or canvasser shall immediately and peacefully depart from the premises without question.
C. 
Any person who violates any provision of this Article III shall be sanctioned under Section 135.26.4 of this Article and/or Section 1-15 of Article I of the Township Code.
[Added 5-6-13 by Ord. No. 13-14]
It is hereby declared to be the policy of the Township of East Brunswick that residents should have the option to be relieved from unwanted commercial solicitations, hawking, inquiries and general disturbances from commercial solicitors, itinerant peddlers, hawkers, and canvassers. Residents may include their residences on a Do Not Knock registry to curtail unwanted solicitations. It is further declared that residents should have the option to be relieved from unsolicited or non-subscribed commercial printed material at their residences. Residents may include their addresses on a Do Not Drop registry to curtail the distribution of unwanted commercial printed matter at their residences.
A. 
Do Not Knock Registry. There is hereby established a "Do Not Knock Registry" to be maintained in the Office of the Township Clerk. The purpose of the Do Not Knock Registry is to permit residents to bar any commercial solicitation, peddling or hawking taking place by foot, wagon, motor vehicle or any other conveyance on the door-to-door basis. Residents may register for such list by personal delivery, regular mail or e-mail to the Township Clerk. After registration on the Do Not Knock Registry, it shall be a violation of the terms of this Section of the Code of the Township of East Brunswick to visit any residences for commercial solicitation, peddling or hawking to any registered person and/or such person's property. No commercial solicitation, peddling or hawking of any nature or kind whatsoever shall be permitted on any properties that have been listed with the Do Not Knock Registry, to be maintained at the Township Clerk's Office.
B. 
Do Not Drop Registry. There is hereby established a "Do Not Drop Registry" to be maintained in the Office of the Township Clerk. The purpose of the Do Not Drop Registry is to permit residents to bar the receipt of unsolicited or non-subscribed printed materials at their properties. Residents may register for such list by personal delivery, regular mail or e-mail to the Township Clerk. After registration on the Do Not Drop Registry, it shall be a violation of the terms of this Section of the Code of the Township of East Brunswick to distribute unsolicited or non-subscribed printed materials to any registered person and/or such person's property. No circulars, publications, handbills, brochures, shoppers, or flyers, whether of a commercial, religious or charitable nature shall be distributed to any properties which have been listed with the Do Not Drop Registry, to be maintained at the Township Clerk's Office.
C. 
Exceptions. These provisions shall not be applicable to the delivery or personal solicitation of:
(1) 
Mail, parcels or packages by and in accordance with the rules of the United States Postal Service;
(2) 
Parcels, packages and materials delivered by a commercially recognized courier service or overnight express delivery agency, such as, by way of example, Federal Express or United Parcel Service;
(3) 
Newspapers and other publications and periodicals if subscribed to by the owner or occupant of the recipient premises, provided same are placed firmly in a receptacle designed for such purpose, or, in the absence of such receptacle, tightly wrapped to prevent blowing or scattering upon the recipient premises or adjacent areas;
(4) 
Delivery of laundry, dry cleaning, dairy, bakery and similar food products and commercial product sampling by agreement with or invitation of the owner or occupant of the recipient premises;
(5) 
Personal delivery or drop off of non-commercial handbills of a political, charitable, or religious nature whose distribution is or may be protected by constitutional rights of free speech, provided that same are packaged and placed in such a manner as not to blow and scatter upon the recipient premises or adjacent areas; and
(6) 
Hawkers and peddlers licensed pursuant to Chapter 135 of the Code of the Township of East Brunswick, who abide by all provisions of the Do Not Knock and Do Not Drop registries.
[Amended 7-28-86 by Ord. No. 86-763]
No licensee shall sell or rent any merchandise from his vehicle other than food or beverages. No licensee shall transact business from his vehicle unless it is properly parked immediately adjacent to the curb of a public street in a permitted locality. No licensee shall at any time double-park his vehicle while transacting business nor transact business other than on the curb side of his vehicle.
[Amended 9-8-75 by Ord. No. 75-122-I]
No peddler shall offer for sale any merchandise, food, beverage or other goods along any public street or adjoining private property of said streets listed herein during the hours of 9:00 a.m. to 4:00 p.m., on school days:
A. 
Lawrence Brook School.
(1) 
Corona Road, between Jean Road and Sullivan Way.
(2) 
Gage Road, between Sullivan Way and Whitehall Road.
(3) 
Sullivan Way, between Gulf Road and Eggers Street.
B. 
Smith School/Churchill School.
(1) 
Bonner Road, entire length.
(2) 
Eggers Street, between University Road and Taylor Avenue, westerly leg.
(3) 
Marlow Road, entire length.
(4) 
Norton Road, entire length.
C. 
Weber School.
(1) 
Hardenburg Lane, between Riva Avenue and Oakmont.
(2) 
Hardenburg Lane, between Riva Avenue and Marie Terrace.
(3) 
Riva Avenue, between Oakmont Avenue and Ann Terrace.
D. 
Memorial School/St. Bartholomews School.
(1) 
Innes Road, entire length.
(2) 
Ryders Lane, between Smith Lane and Redcoat Drive.
E. 
Irwin School.
(1) 
Racetrack Road, between Route 18 and Summerhill Road.
(2) 
Summerhill Road, between Academic and Deerfield.
F. 
Hammarskjold School/Vocational Tech.
(1) 
Landsdowne Road, between Rues Lane and Clovis Road.
(2) 
Rues Lane, between Summerhill Road and Huntington Road.
G. 
Chittick School.
(1) 
Flagler Street, between Old Bridge Turnpike and the most easterly leg of Helena Street toward River Road.
[Amended 10-6-75 by Ord. No. 75-122-J]
(2) 
Old Bridge Turnpike, between Thomas Road and Racetrack Road.
H. 
Crandall School.
(1) 
Kossman Street, between Old Bridge Turnpike and Chestnut Street.
I. 
Warnsdorfer School/McGinnis School.
(1) 
Carlton Court, entire length.
(2) 
Dunhams Corner Road, between Colonial Drive and Springfield Road.
(3) 
Dutch Road, between Dunhams Corner Road and Concord Drive.
(4) 
Fern Road, between Dunhams Corner Road and Tall Oaks Drive.
(5) 
Hardenburg Lane, between Dunhams Corner Road and Brookside Court.
J. 
Frost School.
(1) 
Frost Avenue, between Queens Road and its westerly terminus.
K. 
Bowne School.
(1) 
Diamond Court, entire length.
(2) 
Oxford Road, entire length.
(3) 
Main Street, between Route 18 and Old Stage Road.
L. 
Central School.
(1) 
Quincey Street, adjoining Central School playground.
(2) 
Cranbury Road.
M. 
East Brunswick High School/Central School.
[Added 12-22-75 by Ord. No. 75-122-K]
(1) 
Camelot Drive, entire length.
(2) 
Cranbury Road, between Dunhams Corner Road and Summerhill Road.
(3) 
Lycoming Lane, entire length.
(4) 
Tudor Place, entire length.
[Amended 2-8-99 by Ord. No. 99-7]
A. 
Nonprofit organizations desiring to engage in any of the activities for which a license is required by this Article shall not be required to apply for or secure a license, to pay a license fee or to post a bond, but shall comply with all other applicable provisions of this Code, provided that there is filed with the Township Clerk a sworn statement containing the following information:
[Amended 2-8-99 by Ord. No. 99-7]
(1) 
The name and purpose of the organization for which the permit is sought.
(2) 
Names and addresses of the officers of the organization.
(3) 
Names and addresses of the agents or representatives who will solicit, sell merchandise or distribute literature in the township.
(4) 
The name and address of the owner or authorized agent of said owner, who has granted the nonprofit organization permission to engage in any of the aforementioned activities on the owner's property.
B. 
In lieu of the usual investigation of applicants for a license, the Director of Public Safety shall conduct whatever inquiry he considers necessary to determine that the organization in question is a bona fide nonprofit organization. The organization shall provide satisfactory proof of nonprofit status to the Director of Public Safety, the Township Clerk, or both upon request, including but not limited to evidence of tax exemption and registration with the State of New Jersey. Upon being satisfied that the organization has demonstrated its bona fide nonprofit status, the Director of Public Safety shall notify the Township Clerk who shall issue a special permit to the organization in question.
[Amended 2-8-99 by Ord. No. 99-7]
C. 
Each representative or agent of the organization shall carry proper identification indicating the name of the organization and his own name and address and shall be prepared to display it upon request.
D. 
Nonprofit organizations shall comply with all other applicable provisions of this chapter except that they shall be permitted to carry on their activities on Sundays.
E. 
The special permit issued to the organization in question shall bear the name and address of the person by whom the solicitation is to be made, the date issued, the dates within which the permit holder may solicit and a statement that the permit does not constitute an endorsement by the Township of East Brunswick. All permits must be signed by the Township Clerk. No permit may grant the right to solicit longer than sixty (60) days from its date, but the Township Clerk may extend any permit for additional periods of not more than sixty (60) days upon a showing that unnecessary hardship would be created by failure to extend the permit for such additional time.
[Added 12-8-69 by Ord. No. 69-122-A]
[Added 6-12-89 by Ord. No. 89-33]
No Licensee shall have any exclusive right to any location in the public streets, nor a stationary location thereon, nor be permitted to operate in a congested area where such operations might impede or inconvenience the public use of such streets. The judgment of a police officer, exercised in good faith, shall be deemed to be conclusive as to whether the area is congested and the public is impeded or inconvenienced.
[Added 6-12-89 by Ord. No. 89-33]
All licensees are required to exhibit their Certificate of License in plain view and shall permit the license to be examined by any citizen or law enforcement officer.
[Added 6-12-89 by Ord. No. 89-33; amended 2-8-99 by Ord. No. 99-7]
Any permit or license issued under this Article III may be revoked by the Director of Public Safety for good cause after notice and hearing.
[Added 2-8-99 by Ord. No. 99-7; 9-14-2020 by Ord. No. 20-16]
Any person who violates any provision of this Article III shall, upon conviction thereof, be punished by a fine not to exceed $2,000 for any offense or by imprisonment for a term not to exceed 90 days, or both, unless otherwise specified below. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Code Section
Offense
Fine
Court Appearance
135-20
License required
First offense in prior 12 months
$60 (in addition to licensing/permit fee)
No
Additional offenses within 12 months of preceding offense
Not to exceed $2,000
Yes