The Township of East Brunswick was established in 1860. Since January 1, 1965, the
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- 135-18 LICENSES 135-19 135-18. Persons not subject to Article. [Amended 8-14-95 by Ord. No. 95-26]
- 135-19. Exemptions and exceptions. [Amended 9-12-77 by Ord. No. 77-122-M; 8-14-95 by Ord. No. 95-26; Amended 7/14/03 by Ord. No. 03-21]
- 135-20 EAST BRUNSWICK CODE 135-23 135-20. License required. [Amended 7-14-03 by Ord. No. 03-21]
- 135-21. Fee. [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]
- 135-22. Hours of sale. [Amended 7-14-03 by Ord. No. 03-21]
- 135-23. Conduct.
- 135-23.1 LICENSES 135-23.1 135-23.1. Posting of No Solicitation Signs [Added 7-14-03 by Ord. No. 03-21]
- 135-24 LICENSES 135-25 135-24. Use of vehicles. [Amended 7-28-86 by Ord. No. 86-763]
- 135-25. Restrictions on location. [Amended 9-8-75 by Ord. No. 75-122-I]
- 135-25 EAST BRUNSWICK CODE 135-25
- 135-26 LICENSES 135-26.1 135-26. Regulation of nonprofit organizations. [Amended 2-8-99 by Ord. No.
- 135-26.1. Exclusive Rights in Streets. [Added 6-12-89 by Ord. No. 89-33]
- 135-26.2 EAST BRUNSWICK CODE 135-26.4 135-26.2
- 135-26.3. Revocation. [Added 6-12-89 by Ord. No. 89-33; amended 2-8-99 by Ord. No. 99-7]
- 135-26.4. Violation and Penalties. [Added 2-8-99 by Ord. No. 99-7]
- 135-27 LICENSES 135-31 ARTICLE IV
- 135-28. License required; fee. [Amended 1-24-77 by Ord. No. 77-1-VV]
- 135-29. Information required on application form.
- 135-30. Investigation.
- 135-31. Required screening.
- 135-32 LICENSES 135-34 135-32.
- 135-33. Inspection.
- [Amended 12-26-90 by Ord. No. 90-73; 6-10-91 by Ord. No. 91-62; 6-24-91 by Ord. No. 91-73; 9-26-91 by Ord. No. 91-94; 11-8-93 by Ord. No. 93-65; 8-10-98 by Ord.
- M ECHANICAL OR ELECTRONIC AM USEM ENT DEVICE
PEDDLER - A person who goes from hom e to hom e or from place to place, whether on foot or in a vehicle, selling or renting and delivering goods and services. [Am ended 6-12-89 by Ord. No. 89-33]
m erchandise by sam ple or by taking orders for future delivery with or without accepting advance paym ents for the goods and regardless of whether advance solicitation is m ade by m ail, telephone or personal contact. The provisions of this Article shall apply to the person who com es in personal contact with the buyer, whether he obtains the order, delivers the goods or accepts m oney in paym ent for them . [Am ended 7/14/03 by Ord. No. 03-21] 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 alm s, contributions, or subscriptions, or who does research analyses, m akes surveys or opinion polls, obtains rating data or sim ilar inform ation, or engages in educational, citizen lobbying activities or sim ilar work which involves door-to-door or place-to-place activity. [Added 7/14/03 by Ord. No. 03- 21]
13510 3-04
& 135-18 LICENSES & 135-19 & 135-18. Persons not subject to Article. [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 Com m issioner of Banking and Insurance or the Real Estate Com m ission 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 m erchandise or other things in the regular course of business to the prem ises of the person ordering or entitled to receive it. E. Any person soliciting votes for a bona fide candidate for political office. F. Mem bers of a first aid squad as defined by the New Jersey Revised Statutes. [Am ended 8-14-95 by Ord. No. 95-26]
A. The following persons shall not be required to apply or secure a license nor to pay any processing or licensing fee, but shall com ply with all other applicable provisions of this Code and shall be required to possess a special perm it which will be issued by the Township Clerk upon presentation of proper identification and proof of their status: [Am ended 8-28-95 by Ord. No. 95-26] 1. Veterans and m em bers of volunteer fire departm ents, volunteer fire engine, hook and ladder, hose, supply com pany or salvage corps of any m unicipality or fire district in New Jersey holding a certificate of exem ption, 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.; [Added 8-28-95 by Ord. No. 95-26] 2. Persons to whom a valid m ercantile license has been issued under the provisions of laws or ordinances other than this chapter; [Added 8-28-95 by Ord. No. 95-26] 3. Physically handicapped persons who are residents of the Township of East Brunswick; and [Added 8-28-95 by Ord. No. 95-26] 4. Persons selling products grown on their own farm s. [Added 8-28-95 by Ord. No. 95- 26] B. [Rem oved 7-14-03 by Ord. No. 03-21] 13511 3-04
& 135-20 EAST BRUNSWICK CODE & 135-23 & 135-20. License required. [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. & 135-21. Fee. [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.
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 com e to their hom es at a different tim e, nor shall this subsection apply to persons selling Christm as trees and related wreaths, blankets and floral displays during the Christm as season. [Am ended 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 m anufactured ready-to-eat food products, such as ice cream or custard, shall be perm itted 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 m ay 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] & 135-23. Conduct. Every person licensed under this Article shall conduct him self according to the following rules and regulations: A. He shall not enter or attem pt 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 him self in a m anner that is objectionable or annoying to the occupant of any house. C. No peddler or solicitor, nor any person on his behalf, shall shout, m ake any cry out, blow a horn, ring an electronically actuated bell, or use any sound devices, except for bells com m only used on ice cream trucks, including any loudspeaking radio or sound am plifying system upon any street, park or public place or private prem ises for any purpose directly or indirectly associated with attracting attention to or selling, renting or disposing of any goods, wares, m erchandise, 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] 13512
3-04 & 135-23.1 LICENSES & 135-23.1 & 135-23.1. Posting of No Solicitation Signs [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 determ ine whether an itinerant vendor, nonprofit organization, peddler, solicitor or canvasser m ay be perm itted 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 prem ises indicating that they are not welcom e. Exam ples of such signs m ay include but are not lim ited to the following: “No Solicitation,” “Solicitors Are Not W elcom e” and “Canvassers Are Not W elcom e.” 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 welcom e prior to going onto the residence. If such a sign is posted, every itinerant vendor, nonprofit organization, peddler, solicitor or canvasser shall im m ediately and peacefully depart from the prem ises 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. 13512.1 3-04
& 135-24 LICENSES & 135-25 & 135-24. Use of vehicles. [Amended 7-28-86 by Ord. No. 86-763] No licensee shall sell or rent any m erchandise from his vehicle other than food or beverages. No licensee shall transact business from his vehicle unless it is properly parked im m ediately adjacent to the curb of a public street in a perm itted locality. No licensee shall at any tim e double-park his vehicle while transacting business nor transact business other than on the curb side of his vehicle.
No peddler shall offer for sale any m erchandise, 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 W ay. (2) Gage Road, between Sullivan W ay and W hitehall Road. (3) Sullivan W ay, between Gulf Road and Eggers Street. B. Sm ith 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. W eber School. (1)
Hardenburg Lane, between Riva Avenue and Oakm ont. (2)
Hardenburg Lane, between Riva Avenue and Marie Terrace. (3)
Riva Avenue, between Oakm ont Avenue and Ann Terrace. D. Mem orial School/St. Bartholom ews School. (1) Innes Road, entire length. (2) Ryders Lane, between Sm ith Lane and Redcoat Drive. E. Irwin School. (1) Racetrack Road, between Route 18 and Sum m erhill Road. (2) Sum m erhill Road, between Academ ic and Deerfield. 13513 6-89
& 135-25 EAST BRUNSWICK CODE & 135-25 F. Ham m arskjold School/Vocational Tech. (1) Landsdowne Road, between Rues Lane and Clovis Road. (2) Rues Lane, between Sum m erhill Road and Huntington Road. G. Chittick School. (1) Flagler Street, between Old Bridge Turnpike and the m ost easterly leg of Helena Street toward River Road. [Am ended 10-6-75 by Ord. No. 75-122-J] (2) Old Bridge Turnpike, between Thom as Road and Racetrack Road. H. Crandall School. (1) Kossm an Street, between Old Bridge Turnpike and Chestnut Street. I. W arnsdorfer School/McGinnis School. (1) Carlton Court, entire length. (2) Dunham s Corner Road, between Colonial Drive and Springfield Road. (3) Dutch Road, between Dunham s Corner Road and Concord Drive. (4) Fern Road, between Dunham s Corner Road and Tall Oaks Drive. (5) Hardenburg Lane, between Dunham s Corner Road and Brookside Court. J. Frost School. (1) Frost Avenue, between Queens Road and its westerly term inus. K.
Bowne School. (1) Diam ond 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. [Added 12-22-75 by Ord. No. 75-122-K] East Brunswick High School/Central School. (1) Cam elot Drive, entire length. (2) Cranbury Road, between Dunham s Corner Road and Sum m erhill Road. (3) Lycom ing Lane, entire length. (4) Tudor Place, entire length. 13514 6-89
& 135-26 LICENSES & 135-26.1 & 135-26. Regulation of nonprofit organizations. [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 com ply with all other applicable provisions of this Code, provided that there is filed with the Township Clerk a sworn statem ent containing the following inform ation: [Am ended 2-8-99 by Ord. No. 99-7] (1) The nam e and purpose of the organization for which the perm it is sought. (2) Nam es and addresses of the officers of the organization. (3) Nam es and addresses of the agents or representatives who will solicit, sell m erchandise or distribute literature in the township. (4)
T he nam e and address of the owner or authorized agent of said owner, who has granted the nonprofit organization perm ission to engage in any of the aforem entioned activities on the owner’s property. [Added 2-8-99 by Ord. No. 99-7] 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 determ ine 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 lim ited to evidence of tax exem ption and registration with the State of New Jersey. Upon being satisfied that the organization has dem onstrated its bona fide nonprofit status, the Director of Public Safety shall notify the Township Clerk who shall issue a special perm it to the organization in question. [Am ended 2-8-99 by Ord. No. 99-7] C. Each representative or agent of the organization shall carry proper identification indicating the nam e of the organization and his own nam e and address and shall be prepared to display it upon request. D. Nonprofit organizations shall com ply with all other applicable provisions of this chapter except that they shall be perm itted to carry on their activities on Sundays. E. The special perm it issued to the organization in question shall bear the nam e and address of the person by whom the solicitation is to be m ade, the date issued, the dates within which the perm it holder m ay solicit and a statem ent that the perm it does not constitute an endorsem ent by the Township of East Brunswick. All perm its m ust be signed by the Township Clerk. No perm it m ay grant the right to solicit longer than sixty (60) days from its date, but the Township Clerk m ay extend any perm it for additional periods of not m ore than sixty (60) days upon a showing that unnecessary hardship would be created by failure to extend the perm it for such additional tim e. [Added 12-8-69 by Ord. No. 69-122-A]
No Licensee shall have any exclusive right to any location in the public streets, nor a stationary location thereon, nor be perm itted to operate in a congested area where such operations m ight im pede or inconvenience the public use of such streets. The judgm ent of a police officer, exercised in good faith, shall be deem ed to be conclusive as to whether the area is congested and the public is im peded or inconvenienced. 13515 7-99
& 135-26.2 EAST BRUNSWICK CODE & 135-26.4 & 135-26.2 Exhibition of License. [Added 6-12-89 by Ord. No. 89-33] All licensees are required to exhibit their Certificate of License in plain view and shall perm it the license to be exam ined by any citizen or law enforcem ent officer.
Any perm it or license issued under this Article III m ay be revoked by the Director of Public Safety for good cause after notice and hearing. [Am ended 2-8-99 by Ord. No. 99-7]
Any person who violates any provision of this Article III shall, upon conviction therof, be punished by a fine not to exceed one thousand dollars ($1,000) or by im prisonm ent for a term not to exceed ninety (90) days, or both. A separate offense shall be deem ed com m itted on each day during or on which a violation occurs or continues. 13516
7-99 & 135-27 LICENSES & 135-31 ARTICLE IV Junkyards [Adopted 9-24-63] & 135-27. Definitions. As used in this Article, the following term s shall have the m eanings indicated: JUNKYARD - An area, covered or uncovered, used for the purpose of buying, selling, exchanging or storing old or secondhand m etals, bottles, glassware, tinware, paper, lum ber, plum bing fixtures, dism antled or inoperable autom obiles or any other thing which is no longer used or usable for its intended purpose but which m ay have value because of the parts or m aterials it contains.
No person shall operate a junkyard in the Township of East Brunswick without having first obtained a license from the Clerk and having paid the required license fee. The fee for a junkyard license shall be two hundred fifty dollars ($250.) for an initial license and seventy-five dollars ($75.) per year thereafter.
In addition to the inform ation required by & 135-2, the application for a license under this Article shall be accom panied by a plot plan in triplicate, drawn to scale, showing the dim ensions of the prem ises, the location of all fences and screening and any other inform ation which m ay appropriately be required for the effective enforcem ent of this Article.
In addition to the investigation provided for by & 135-3, the Building Inspector shall inspect the prem ises for which a license is desired to determ ine whether it com plies with the provisions of this Article. He shall report the results of his investigation to the Township Clerk. No license shall be issued unless the Building Inspector's report is favorable.
All junkyards shall be enclosed by a solid wall or fence at least eight (8) feet in height, so constructed that the interior of the junkyard will not be visible from a public street. The wall or fence shall be painted white, dark green or som e sim ilar color and shall be kept in good repair. It shall contain no m ore than two (2) entrances or exits, each not less than fifteen (15) feet nor m ore than twenty (20) feet wide. In place of a wall or fence, a junkyard m ay be screened by a planting of dense evergreen screening. In that case, the junkyard shall also be enclosed by a cyclone or chainlink-type fence, erected inside the screening sufficient to prevent unauthorized persons from gaining entrance. 13517 6-89
& 135-32 LICENSES & 135-34 & 135-32. Health and safety precautions. A. Adequate precautions shall be taken in every junkyard to prevent fire from breaking out or spreading. In particular, no explosive or extrem ely flam m able m aterial shall be stored in a junkyard. B. Junk shall be so stored and stacked so as to perm it custom ers of the junkyard and other persons to m ove about easily and without risking injury. C. No operator of a junkyard shall perm it rodents or conditions likely to attract rodents or any other unhealthy or unsanitary condition to exist on the prem ises. D. No operator of a junkyard shall be perm itted to continue the operation of business if he is in violation of any m unicipal, county, state or federal law. In the event that the Chief Building Inspector finds such violation, he m ay issue a stop order or file a sum m ons in the Municipal Court alleging a violation of this chapter. [Added 9-12-77 by Ord. No. 77-122-N]
The Building Inspector m ay inspect any junkyard at any reasonable tim e to ascertain whether the provisions of this Article are being com plied with.
As used in this Article, the following term s shall have the m eanings indicated: DISTRIBUTOR - Any person who supplies any m echanical or electronic am usem ent device to another for use in his place of business, whether under lease or any sim ilar arrangem ent. [Am ended 12-26-90 by Ord. No. 90-73]
operated by the public for entertainm ent or am usem ent, whether the m achine is coin-operated or not and whether or not it registers scores or tallies. Exam ples of m echanical or electronic am usem ent devices are pinball m achines, bowling m achines, m echanical grab m achines, Skee-Ball m achines, pokerino m achines, juke-boxes, video gam es, and sim ilar devices. The enum eration is intended to be typical and shall not be construed as exclusive. All "m echanical or electronic am usem ent devices" are subject to 13517.1
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