[HISTORY: Adopted by the Township Council of the Township of Cedar
Grove 9-4-1962, Ch. 7, Art. 2, of the former Revised Ordinances. Amendments
noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 55.
Littering — See Ch 168.
Noise — See Ch. 176.
Public health nuisances — See Ch. 179.
Use of recreation areas — See Ch. 205.
Streets and sidewalks — See Ch. 230.
STATUTORY AUTHORITY
Regulation of hucksters — See N.J.S.A. 40:48-1(12).
Power to license — See N.J.S.A. 40:52-1c.
[Amended 1-9-1978 by Ord.
No. 77-64]
As used in this chapter, the following terms shall have the meanings
indicated:
- SOLICIT BUSINESS or SOLICITING BUSINESS or SOLICITING
- The same as canvassing or canvassing business, peddling or peddling business and shall, when done by personal approach, include the following:
- A. Seeking or endeavoring to sell any goods, wares, securities, merchandise or services whatsoever by sample, description or otherwise.
- B. Taking orders for such goods, wares, securities, merchandise or services for either present or future delivery with or without a payment in whole or in part.
- C. Advertising goods, wares, securities, merchandise or services for sale by passing or circulating handbills.
- SOLICITOR'S LICENSE or CANVASSING LICENSE or PEDDLER'S LICENSE
- Refers to the license issued under this chapter.
[Amended 1-9-1978 by Ord.
No. 77-64]
The purpose of this chapter is to license and regulate the business
of soliciting, canvassing and peddling in the Township.
Except as otherwise provided in this section, nothing contained in this
chapter shall be construed to apply to any of the following acts:
A.
Soliciting done by the legal owner, lessee or agent of
same upon the property owned or leased by the solicitor.
B.
Soliciting done for the purpose of sale of personal property
at wholesale to retailers in such articles.
C.
Delivery of newspapers, advertising circulars or goods
in the regular course of business, or the collection of payments therefor.
D.
The services of public utilities and their duly authorized
agents or representatives, provided that such exemption for public utilities
shall not apply to the selling of other than public utility services.
E.
Soliciting by any religious or charitable organization
provided that any such organization registers with the Chief of Police before
commencing solicitation.
F.
Soliciting by persons lawfully exempt by state statute
or federal law from the licensing requirements set forth herein or by persons
lawfully entitled to conduct a business wherein a license or certificate has
been granted by any department, board, commission or agency of the State of
New Jersey or of the Township.
No person shall solicit business in the Township without first having
obtained a solicitor's license issued by the Township Clerk in accordance
with the provisions of this chapter.
A.
Every applicant for a solicitor's license shall file
with the Chief of Police a written application, signed and verified by him,
on forms supplied by the Township.
B.
The application shall state:
(1)
The name, permanent home address and telephone number
of the applicant.
(2)
The places of the applicant's residence during and for
each of the three years preceding the filing of the application.
(3)
The name, address and telephone number of the manufacturer
or dealer represented by the applicant.
(4)
The names and addresses of the persons from whom the
goods, wares, securities, merchandise or service to be offered by the applicant
were or are to be purchased.
(5)
Such other information as the Chief of Police may reasonably
require.
C.
The application shall be accompanied by the following
documents and information:
(1)
A letter from the manufacturer or dealer, referred to in Subsection B(3) above, authorizing the applicant to act as its representative.
(2)
A description of the goods, wares, securities, merchandise
or services to be offered for sale.
(3)
Three business references.
(4)
The number of arrests, if any, for disorderly conduct,
violation of ordinances, misdemeanors or crimes; the nature of the offenses
for which arrested; and the history of any such case to its final disposition.
(5)
Two recent photographs of the applicant 1 1/2 inches
by 1 1/2 inches.
(6)
Fingerprints for the purpose of investigating the moral
character of the applicant.
Promptly following the filing of the application, the Chief of Police
shall investigate and verify the information respecting the moral character
and business responsibility of the applicant.
A.
If, after investigation, the Chief of Police concludes
that the applicant's character and business responsibility are satisfactory,
he shall signify his approval of the application on the reverse side thereof;
otherwise he shall note his rejection thereon.
B.
If, after an investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief of Police
shall endorse on such application his disapproval and his reasons therefor
and return the said application to the Township Clerk. Any determination by
the Chief of Police that an application shall be disapproved shall be based
on one or more of the following findings with respect to the applicant or,
in the case of solicitation of contributions, any of the organization's officers,
managers or agents:
[Added 1-9-1978 by Ord. No.
77-64]
C.
In the absence of any such finding, the Chief of Police
shall find the application satisfactory and shall endorse his approval on
the application and return the application to the Township Clerk.
[Added 1-9-1978 by Ord. No.
77-64]
Following the written approval of the application by the Chief of Police and the payment of the fee prescribed by § 190-9 hereof, the Township Clerk shall issue a solicitor's license to and in the name of the applicant.
[Amended 2-1-1982 by Ord.
No. 82-172; 11-7-1988 by Ord.
No. 88-326]
The fees for all licenses required by the provisions of this chapter
shall be:
|
Duration
|
Fee
|
|---|---|
|
1 day
|
$20
|
|
1 week
|
$50
|
|
1 month
|
$100
|
|
More than 1 month but not exceeding 6 months
|
$200
|
|
1 year
|
$300
|
A.
At the time of the issuance of the license and upon posting the deposit required by Subsection B of this section, an identification card shall be issued to the licensee by the Chief of Police or, in his absence, by the officer in charge at police headquarters. The identification card shall bear a number corresponding with the number of the license and shall contain the name and photograph of the applicant, together with the words "Township of Cedar Grove Canvassing License."
[Amended 10-15-1962]
All licenses and identification cards issued under this chapter shall
expire on December 31 of the year of their issuance unless sooner surrendered
or revoked.
Licenses issued under this chapter shall not be transferable.
Each licensee shall carry his license with him and shall produce it
at the request of any resident of the Township from whom the licensee is soliciting
business. Each licensee shall display his identification card at all times
while actually engaged in canvassing or soliciting.
[Amended 1-9-1978 by Ord.
No. 77-64]
Soliciting, peddling and canvassing shall be conducted only between
the hours of 9:00 a.m. and 5:00 p.m., except by special appointment.
[Amended 6-15-1970 by Ord.
No. No. 70-6]
A.
Licensees shall be courteous and shall conduct themselves
in a lawful manner at all times. Canvassing shall be done at the front door
unless directed otherwise by the homeowner.
B.
No person or persons, whether licensed under the terms
or provisions of this chapter or unlicensed, shall scatter, throw or deposit
any newspapers, handbills, advertisements, circulars, pamphlets or other printed
matter in and about the streets, sidewalks, parks and public places within
the Township of Cedar Grove or upon the premises of any resident or property
owner; but such newspapers, handbills, advertisements, circulars, pamphlets
or other printed matter shall be handed in person to an occupant of such house
or deposited in a receptacle placed on said property for such purposes or
at any other location so designated by the homeowner or occupant.
Upon expiration or revocation of the license, the licensee shall surrender
the license and the identification card forthwith to the officer in charge
at police headquarters, at which time the deposit on the identification card
shall be returned to the licensee.
A.
Licenses issued under this chapter may be suspended or
revoked by the Chief of Police upon any of the following grounds:
(1)
Violation of the terms and conditions of the license.
(2)
Making false statements or giving false information in
the application or documents accompanying the application.
(3)
Violation of any provision of this chapter.
(4)
Violation of any federal or state statutes or of any
of the Township ordinances.
B.
Within 30 days of notice of suspension or revocation
given to the licensee and upon his request, the licensee shall be granted
a hearing before the Council, after which the Council shall determine whether
to affirm or set aside the suspension or revocation action of the Chief of
Police.
[Added 1-9-1978 by Ord. No.
77-64]
Any person aggrieved by a decision of the Township Clerk and/or the
Chief of Police may appeal such decision to the Township Council by notifying
the Township Clerk of the intent to appeal within 10 days of the applicant's
receipt of such adverse decision. The Township Council shall then schedule
a hearing on such appeal within 30 days of receipt of the notice to appeal,
at which time the applicant may present such evidence as he desires to establish
his grounds for appeal. Said appeal shall be decided by a majority vote of
the Council, and this decision shall be considered final.
[Added 10-15-1962; amended 12-17-1962]
A.
Any person who violates any provision of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days, or both. A separate offense
shall be deemed committed on each day during or on which a violation occurs
or continues.
[Amended 7-30-1984 by Ord.
No. 84-222; 10-23-2006 by Ord. No. 06-656]
