Township of Franklin, NJ Chapter 235 Hawkers, Peddlers and Itinerant Vendors [1]

[HISTORY: Adopted by the Township Committee of the Township of Franklin 12-18-1967 as Ch. 29 of the 1967 Code. Amendments noted where applicable.]

[1] Editor's Note: Ord. No. O-9-20, adopted 9-8-2020, provided that the Franklin Township Code requirements of Chapter 235 are suspended to the extent that no licenses are being issued and that any of the activities delineated in § 235-1 are temporarily prohibited in Franklin Township and that this ordinance will expire with the aforementioned States of Emergency issued and extended by the Governor of the State of New Jersey on March 9, 2020.

§ 235-1 License required; exception.

From and after the adoption of this chapter it shall be unlawful for any person or persons, firm, association or corporation to hawk, peddle, huckster or vend any merchandise, including medicine and medicinal remedies, bread, fruits, vegetables, fish, clothing or other household or personal goods, upon the streets or highways of said Township of Franklin, with or without any vehicles, from place to place, and from door to door, or to expose of offer for sale or to sell, as aforesaid, any merchandise or personal property of any nature or descriptions, without first applying for and having issued it to him, them or it, a license therefor, in accordance with this and other provisions of the within chapter; provided, however, that this chapter shall not apply, directly or indirectly, to any itinerant vendor or fruit, vegetable or other produce of farm or garden, cultivated, raised and being sold by such itinerant vendor.

§ 235-2 License fees; application procedure; duration.

A. There be imposed and levied upon, for the purpose of revenue to said Township of Franklin and for regulation of such itinerant vendors, a license fee to be paid in each instance by the applicant for such permit or license before securing the same, as follows:

(1) For a license for one day, the sum of $1.50.

(2) For a license for one week, the sum of $5.

(3) For a license for one month, the sum of $10.

(4) For a license for three months, the sum of $15.

(5) For a license for any period exceeding three months, but not exceeding one year, the sum of $25.

B. No license shall be issued for exceeding one year, and no license shall be renewed except in accordance with the schedules herein enumerated, to be applied for and taken out as a new license in each instance upon the expiration of any other license theretofore granted. Such license shall not be transferable.

C. Wherever required by the Township Committee or the Clerk of said Township of Franklin, the applicant for such license shall be required to file a written application for such permit or license setting forth in detail the applicant's name and address, the nature of merchandise to be sold, the term for which such permit or license is required, and any or all other information which may be deemed essential or may be otherwise required by the municipal authorities having charge of the issuance of such license or permit.

§ 235-3 Records kept by Clerk; additional fee.

A. To each of the above fees as enumerated in § 235-2 hereof, there shall be charged and paid to the Clerk for the issuance of said license or permit and to be retained by said Clerk, a further sum or fee of $0.75.

B. The Clerk shall retain a record of the number of each respective permit or license issued hereunder, the date when same is issued, the term thereof, the fee charged, the name and address of the licensee, together with such other information as may be necessary to complete the record of the license and for further reference or information of the Township Committee of the Township of Franklin.

§ 235-4 Revocations.

Any such license issued under or by virtue of this chapter may, at any time, with or without previous notice to the licensee, be immediately and forthwith canceled and revoked by the Township Committee of the Township of Franklin upon a 2/3 vote of the members of said Committee. Upon such revocation of any such license, the Township Committee of said township may, by majority vote, retain the license fees previously paid to the Township of Franklin, or may, otherwise, in like manner, direct the refund of all or any part of such lie fee paid, except the fee of $0.75 paid to the Clerk for the issuance thereof.

§ 235-5 Display of license required.

It shall be the duty of any such licensee to openly display such license granted hereunder or otherwise it shall become his duty to produce such license for inspection by any member of the Township Committee, by any member of the Police Department of said township, or by the Clerk of said township, at any time, upon demand therefor.

§ 235-6 Report of Clerk required.

The Clerk shall, at least once in each month, report in writing to the Township Committee the number of licenses so issued by him and with said report shall remit all moneys due to the township hereunder, in full, to the date of his report.

§ 235-7 Violations and penalties.

Any person, persons, firm, association or corporation who shall violate any of the provisions of this chapter shall upon conviction be subject to a fine of not exceeding $100 for each violation hereof, or imprisonment of not exceeding one month, or both, for each violation, in the discretion of the justice or other judiciary by whom such proceedings may be heard.