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Executive Summary
The Borough of Dunellen adopted Ordinance #2024-32 on December 16, 2024, to repeal and replace Chapter 211, "Peddling and Soliciting," of the Borough Code. The ordinance aims to prevent fraud, crime, and unethical business practices while protecting residents' health, welfare, quiet, and privacy. It regulates peddlers, solicitors, distributors, and transient merchants, requiring them to obtain licenses and comply with specific regulations. Residents can register for a "No Knock List" to prevent unwanted solicitation.
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News Community News Revaluation Social Media Policy New Page Announcements Municipal News Transit HUB and DID Information Unresolved Altice/Optimum Complaint Form NJDEP Blue Acres Program for Flood Damaged Properties COVID-19 General Notifications Sustainable New Jersey Initiative New Page TextMyGov Public Notices upcoming events Ordinance #2024-32 was adopted at the December 16, 2024 Dunellen Borough Council Meeting. The purpose of this article is to prevent fraud, crime, and unethical and dishonest business practices and for the general protection, health, and welfare of the residents of the community and to deter the use of soliciting to gain access to homes for criminal purposes and for the preservation of the quiet and privacy of residents of the Borough. Click here for the full ordinance. Licensed Companies / Solicitors Comcast Dates of Solicitation: 1/1/2026 - 12/31/2026 No Knock Registry Request Form To register for the Borough of Dunellen's No Knock list, please fill out and return the completed form by personal delivery to the Borough Clerk's Office, located at 355 North Avenue, to receive your Do Not Knock vinyl cling. Click here to download the No Knock Registry Form.
Document Text
--- Document: Click here for the full ordinance. --- BOROUGH OF DUNELLEN ORDINANCE # 2024-32 The following ordinance was Introduced for its first reading on December 2, 2024. A second reading, public hearing and adoption is being held at 7:00 p.m. in the Dunellen Borough Municipal Building, 355 North Avenue, Dunellen, New Jersey, on December 16, 2024, and copies of this Ordinance have been posted on the public bulletin board prior to the date for second reading and final passage and copies of this Ordinance have been available at the Office of the Borough Clerk for any interested members of the public AN ORDINANCE TO REPEAL AND REPLACE IN ITS ENTIRETY CHAPTER 211 "PEDDLING AND SOLICITING”, PART II “GENERAL LEGISLATION” OF THE DUNELLEN BOROUGH CODE BE IT ORDAINED by the Mayor and Council of the Borough of Dunellen, in the County of Middlesex and State of New Jersey, as follows: Section 1. 211-1. Definitions. As used in this article, the following terms shall have the meanings indicated: DISTRIBUTOR A person who goes uninvited from dwelling to dwelling on public thoroughfares or in public places disposing of circulars, posters, pamphlets, and other forms of advertising material. PEDDLER A person, commonly referred to as a "peddler" or "hawker," who goes uninvited from place to place or dwelling to dwelling by traveling on the streets and carrying with him goods, wares and merchandise, meats, fish, vegetables, fruits, food, soda water, garden farm products or provisions for the purpose of selling and delivering them to consumers. PERSON Construed to mean any individual, firm, partnership, corporation, voluntary association, incorporated association, or agent thereof. SOLICITOR Any person who, without prior invitation, goes from dwelling to dwelling for the purpose of solicitation of funds, distribution of literature or the like in connection with the solicitation of funds or for the purpose of selling or buying goods, wares or merchandise by sample or taking orders for future delivery or selling a service to be rendered in the future, with or without accepting an advance payment for the goods, wares, merchandise or service. Any person who goes from dwelling to dwelling for the purpose of offering the service of snow removal, with or without payment, shall not be considered a solicitor for purposes of this chapter. TRANSIENT MERCHANT A person who, whether a resident of the Borough or not, engages in a temporary business within the Borough of selling and delivering goods, wares, merchandise, or services within said Borough, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad box car or boat, public rooms in hotels, lodging houses, apartments, shops or street, alley or other place within the Borough, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. 1 Temporary Business is hereby defined as a business which is established with the intent to close out or discontinue such business within a period of one year from the date of issuance of license therefor, and it shall be presumptive evidence of such intent where the applicant for said license fails to show a written lease for said period, leasing the place where said business is to be conducted. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. 211-2. Purpose. The purpose of this article is to prevent fraud, crime and unethical and dishonest business practices and for the general protection, health and welfare of the residents of the community and to deter the use of soliciting to gain access to homes for criminal purposes and for the preservation of the quiet and privacy of residents of the Borough. 211-3. License required. It shall be unlawful for any peddler, solicitor or other person to solicit funds or goods or to buy, sell or dispose of or offer to sell or dispose of any goods, wares, merchandise or services to be rendered in the future or to take orders for any goods, wares, merchandise or service to be rendered in the future within the Borough of Dunellen or for any transient merchant to engage in a temporary business, without first obtaining a license therefor. 211-4. Application for license. Any person desiring to obtain a license for the purposes herein mentioned shall apply therefor, in writing, to the Municipal Clerk of the Borough of Dunellen on an application form to be furnished containing the following information and complying with the provisions thereof: A. Name, age and physical description of each applicant. B. Complete permanent home and local address. C. Name and address of the organization or person for whom the solicitation is being made. D. Description of the nature of the business and the goods, services or wares to be sold. E. F. Two photographs of each person for whom a license is to be obtained which shall be approximately 2 1/2 inches by 2 1/2 inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner. The commencement and termination date for the period of solicitation as requested by the applicant. G. A statement as to whether or not any person for whom a license or permit is sought has been convicted of a crime, misdemeanor or has been otherwise denied a similar permit or license from any governmental agency. H. The make, model, year, color and license plate number of all motor vehicles to be used by the applicant during the period of solicitation. I. Driver's license number of each person on whose behalf the permit is being sought. 2 J. One copy of all literature, contracts or other written material to be distributed. K. The place or places, other than the permanent place of business of the applicant, where the applicant within the six months next preceding the date of said application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted. L. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant in the Borough of Dunellen, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample, at auction, by direct sale or by direct sale and by taking orders for future delivery, where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time said application is filed. M. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers and, if required by the Borough Clerk, copies of all said advertising, whether by handbills, circulars, newspaper advertising or otherwise, shall be attached to said application as exhibits thereto. N. A certified copy of the certificate of occupancy issued to the applicant by the Borough's Zoning Officer for the intended site of transient sales. O. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the Chief of Police may deem proper to fulfill the purpose of this article in the protection of the public good. P. Written consent on the application form allowing the Borough to access background check records on the applicant (s). All costs shall be borne by the applicant and shall be in addition to license fees as set forth hereinafter. 211-5. Investigation by Chief of Police. Upon proper completion of the application, the Chief of Police or designee shall promptly cause an investigation to be made of each such applicant. In the event that the investigation discloses a material misstatement of any of the information set forth on the application or other information sufficient to support a conclusion of the unfitness of any such person to obtain the permit or to go door to door, the Chief of Police shall endorse his rejection and disapproval for the license as to such person. The applicant shall be promptly advised of the determination by the Chief of Police and shall be afforded an opportunity for a hearing, which shall be expeditiously granted. Upon conclusion of the hearing, a final determination shall be made by the Chief of Police. In the event that the investigation by the Chief of Police reveals no material misstatement in the application or other reason forming the basis for the denial of the application, he shall forthwith endorse his approval thereon and cause the license to be granted and issued to the applicant. 211-6. Agents and employees. A separate application must be made by a licensed peddler or solicitor for every agent or employee working for him who shall participate in the solicitation or other activities controlled by this article. 211-7. Issuance of licenses and badges; reports; revocation. 3 A. B. All licenses issued hereunder shall automatically expire on December 31 of each year. Permission granted hereunder shall be evidenced by a card bearing the name and pertinent data of the licensee issued by the Municipal Clerk. C. Each person participating in the solicitation, or other activities controlled by this article shall be provided by the Municipal Clerk with a badge to be worn upon such person in a conspicuous manner. In addition, the identification card shall be conspicuously displayed within any motor vehicle employed for such purposes. D. It shall be the duty of the Municipal Clerk to keep a complete and accurate bound record of all licenses issued, the dates of issuance and fees collected. E. For good cause shown, after a hearing has been granted to the applicant, the Mayor and Council may revoke any license issued to any such applicant after due and proper notice to the holder thereof and an opportunity afforded to be heard. 211-8. License fees The license fees shall be as follows: A. Solicitors: $ 150 per day. B. Distributors: $150 per day. C. Peddlers: $150 per year. D. Transient merchants: licensees under this article shall pay a fee of $100, which said fee shall be paid upon the application being made. Such a fee, as well as all fees required under this article, are to help defray administrative expenses to the Borough of enforcing this article. E. All license fees are nonrefundable and are per day not per person. 211-9. Exceptions. This article shall not apply to: A. Any person conducting a sale pursuant to statute or court order. B. Any person soliciting a vote or support for any political candidate or program. C. A nonprofit-making vendor. D. Any person engaged in delivering goods, wares, merchandise or other articles or things in the regular course of business to the premises of persons ordering or entitled to receive the same. Ε. Any person engaged in the pursuit of and conducting of a locally established bona fide business. F. Any person honorably discharged from the military, naval or marine forces of the United States possessing a license for one of the above activities issued in conformity with N.J.S.A. 45:24-10 and any amendments thereto, except that such person shall present said license to the Municipal Clerk for identification before conducting any business pursuant thereto and shall carry said license upon his person when conducting said business so as to identify himself to residents of the Borough of Dunellen. 4 G. Any person who is an exempt member of a volunteer fire department as defined by N.J.S.A. 45:24-9b, possessing a license issued in conformity with said law and the amendments thereto, except that such person shall present said license to the Municipal Clerk for identification before conducting any business pursuant thereto and shall carry said license upon his person when conducting said business so as to identify himself to residents of the Borough of Dunellen. H. Any person licensed by the State of New Jersey or one of its boards or agencies. However, such person must present such license to the Municipal Clerk for identification. I. J. Any organization of Dunellen, the primary purpose of which is civic in nature. Any lawful employees of any governmental agency and recognized members of any church, social, civic, fraternal, political or philanthropic organization and local clubs which inure to the benefit of the residents of the Borough of Dunellen. 211-10. Transfer of license. The license issued for all license classes shall not authorize any person, except the designated person named in said license, to engage in business thereunder. Said license shall not be transferable from the person to whom issued to any other person. 211-11. Service of process. Before any license as herein provided shall be issued for engaging in any of the activities defined in 211-1 of this article, the applicant for the same shall file with the Borough Clerk a document designating the Borough Clerk as his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any materials connected with or arising out of the business to be transacted under said license, which said applicant for said license consents and agrees that service of any notice or process may be made upon said agent and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for said license under this article, according to the law of this or any other state and waiving all claim or right of error by reason of such acknowledgment of service or manner of service; immediately upon service of process upon the Borough Clerk, as herein provided, the Borough Clerk shall send to the licensee at his last known address, by registered mail, a copy of said process. 211-12. Hours of operation. No peddling or soliciting activities shall be conducted before 9:00 a.m. or later than 5:00 p.m. Monday through Saturday. No peddling or soliciting activities shall be conducted on Sundays. 211-13. Enforcement; records. It shall be the duty of the police officers of the Borough of Dunellen to examine all places of business and persons in their respective territories subject to the provisions of this article, to determine if this article has been complied with and to enforce the provisions of this article against any person found to be violating the same. The Municipal Clerk shall deposit the license number with the Chief of Police, and the Chief of Police shall report to the Municipal Clerk any complaints against any person licensed under the provisions of this article and any conviction for violation of this article; the Municipal Clerk shall keep a record of all such licenses and of such complaints and violations. 5 211-14. Revocation of license. A. The permits and licenses issued pursuant to this article may be revoked by the Borough Council of the Borough of Dunellen after notice and hearing for any of the following causes: (1) Any fraud, misrepresentation or false statement contained in the application for license; (2) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise; (3) Any violation of this article; (4) Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or (5) Conducting the business licensed under this article in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. B. Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at the address as set forth in the application for said license. 211-15. Variance of minimum requirements. The rules, regulations and standards contained in this article shall be considered the minimum requirements for the protection of public health, safety and welfare of the citizens of the Borough. Any action taken by the municipal agency under the terms of this article shall give primary consideration to the aforesaid matters and to the welfare of the entire community. However, if the applicant for a license or merchant can clearly demonstrate to the governing body that because of the particular nature of the type of goods to be offered for sale, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the governing body may permit such variations or modifications as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this article. 211-16. Violations and penalties. Any person required by this article to procure a license who violates its terms or who violates any provisions of this article shall, upon conviction thereof, pay a fine of not more than $500 or be imprisoned in the county jail for a term of not more than 30 days. 211-17. No knock list. The Municipal Clerk's Office shall maintain a "No Knock List," a copy of which shall be provided to all persons or organizations required to register pursuant to this article, and in accordance with the provisions of N.J.S.A. 47:1A-5. All residents of the Borough may register his or her name, address and/or unit/ apartment number with the Clerk's Office to be placed on the "No Knock List," indicating that they do not want persons so registered to approach their homes and/or seek personal contact with the occupants of the registered home. Once the resident has been approved by the Clerk's Office to add his or her name to the "No Knock List," the resident 6 shall be provided with a "No Knock" sign to post by the front entrance of the home to warn peddlers, solicitors, or transient merchants. It shall be unlawful for any peddler, solicitor, or transient merchant, that has been required to register with the Borough to approach or seek personal contact with the occupants therein if the residence is registered on the "No Knock List," or if the resident has posted a "No Knock" sign. Anyone violating this subsection shall be subject to the penalties established by 211-16. Section 2. SEVERABILITY In the event that any provision of this ordinance, or the application thereof to any person or circumstance is declared invalid by a court of competent jurisdiction, such declaration of invalidity shall not affect any other provision or application of this ordinance which may be given effect, and, to realize this intent, the provisions and applications of this ordinance are declared to be severable. Section 3. INCONSISTENCY WITH OTHER ORDINANCES Should any provision of this ordinance be inconsistent with the provisions of any other prior ordinances, the inconsistent provisions of such other prior ordinances are hereby repealed, but only to the extent of such inconsistencies. Section 4. EFFECTIVE DATE This ordinance shall be effective ten (10) days after final approval and publication in accordance with law. Section 5. PREVIOUSLY ISSUED LICENSES Any license issued pursuant to former Chapter 211 prior to repeal shall remain in full force and effect until the scheduled expiration date of said license. Any such licensee conducting business in a manner authorized by former Chapter 211 prior to appeal shall not, during the period said license remains effective, be in violation of any provision of this ordinance and must comply with all applicable sections of same, including but not limited to the requirements of the "Do Not Knock" Registry established by this Ordinance. 7 8 Approved December 16, 2024 Mayor of the Borough of Dunellen I certify the foregoing to be a true and correct abstract of an ordinance regularly passed at a meeting of the Council of the Borough of Dunellen, held on December 16, 2024 and in that respect a true and correct copy of its minutes. Lauren Staats Municipal Clerk of the Borough of Dunellen
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"...eof and an opportunity afforded to be heard. 211-8. License fees The license fees shall be as follows: A. Solicitors: $ 150 per day. B. Distributors: $150 per day. C. Peddlers: $150 per year. D. Transient merchants: licensees under this article shall pay a fee of $100, which said fee shall be paid upon the appl..."
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Lauren Staats
Municipal Clerk · Borough of Dunellen
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First Discovered
Apr 1, 2026
Last Info Update
Apr 1, 2026
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