[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:
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]
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]
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.
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]
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.
[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
[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:
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.
[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
|
