Township of Montville, NJ
Morris County
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[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 1308 as Ch. 5.44 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Clothing bins — See Ch. 125.
Fee schedule — See Ch. 169.
Litter caused by handbills and unsolicited printed material — See Ch. 241.
Special sales — See Ch. 295.

§ 281-1 Statement of purpose. [1]

This chapter is adopted with the intent to regulate the distribution of certain materials, peddling, soliciting and canvassing and related activities within the Township of Montville, and the registration of individuals and organizations engaged in such activities is hereby deemed to be necessary so that the identity of persons going from door to door or soliciting within the municipality may be established; so that general regulations may be more effectively enforced for the protection and maintenance of the health, safety and welfare of the inhabitants of the Township; and to prevent dishonest business practice and fraudulent solicitation of funds.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 281-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person, whether a resident of the Township or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a "peddler," subject to the provisions of this chapter. The word "peddler" shall include the words "hawker" and "huckster."[1]
SOLICITOR
A person, also known as a "canvasser," whether a resident of the Township or not, traveling either by foot, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, with or without accepting an advance payment for the goods. The term "solicitor" also includes any person who may be taking a poll or a survey from house to house or on the streets or distributing advertisements or handbills.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 281-3 Permit required.

No person shall canvass, solicit or peddle in any public or quasi-public place or call from house to house in the Township or sell goods by sample or take orders for future delivery, whether or not they receive advance payments for goods, unless they first receive a written permit from the Township Clerk as provided herein.

§ 281-4 Application for permit.

[Amended by Ord. No. 2002-35]
Every applicant for a permit under this chapter shall file with the Township Clerk, at least two weeks prior to the date of solicitation, a sworn written application, in duplicate, on a form to be furnished by the Clerk, which shall give the following information:
A. 
The name and a description of the applicant;
B. 
The permanent home address and full local address of the applicant;
C. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold;
D. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship;
E. 
The length of time for which the permit is desired, which shall not exceed one year;
F. 
If a vehicle is to be used, a description of such vehicle and its license number;
G. 
The place where the goods or property to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery;
H. 
Two photographs of the applicant taken within 60 days immediately prior to the date of the application, which photographs shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches;
I. 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;
J. 
Information sufficient to substantiate the identity of the applicant, such as picture identification, as well as the names of two persons who will certify as to the applicant's good character and business respectability or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
K. 
The applicant shall obtain a fingerprint from the Township of Montville Police Department as part of the application process.

§ 281-5 Investigation; issuance of permit; appeal.

A. 
The Township Clerk shall forward a copy of each application to the Chief of Police, who shall review the application and conduct an investigation of the applicant.
B. 
The Chief of Police shall, within 14 days of receipt of an application, notify the Township Clerk of the results of his investigation.
C. 
The Township Clerk shall, upon payment of the fee as set out in Chapter 169, Fee Schedule, issue a permit unless the investigation by the Chief of Police reveals any of the following:
(1) 
Fraud, misrepresentation or false statement contained in the application for permit;
(2) 
Conviction of any crime or misdemeanor involving dishonesty or other actions directly relevant to the applicant's fitness for a permit;
(3) 
Prior action taken by any governmental entity against the applicant for conducting the business of soliciting or canvassing in any unlawful or fraudulent manner.
D. 
Any applicant denied a permit may appeal the denial to the Township Administrator by serving notice on the Township Clerk of the intent to appeal. The Township Administrator shall then conduct a hearing on notice to all interested parties. The Township Administrator shall order that a permit be issued to the applicant if he finds that the issuance of the permit will not compromise the purposes of this chapter.
E. 
Each permit shall specify the number of days it shall be effective, and a copy of the permittee's photograph shall be attached to his permit. The permittee shall carry said permit and shall exhibit the permit to any policeman or other resident of the Township of Montville upon request. The permittee shall advise the Police Department weekly of the specific location and/or locations that he or she intends to canvass that particular week. The person giving this information shall do so by telephone or in person to the Police Department, by giving his or her name, permit number, name of organization, if any, and specific location and/or locations that he or she or others shall canvass that particular week.

§ 281-6 Exceptions from permit requirement.

The requirement of obtaining a permit as set forth in § 281-4 shall not apply to the following:
A. 
Nonprofit organizations.
(1) 
The permit requirement shall not apply to any charitable, religious, political or other nonprofit organization holding a tax exempt status under the Federal Internal Revenue Code of 1954, U.S.C. § 501(c) or (d), provided that there is filled out an application, in writing, with the Township Clerk containing the following information:
(a) 
The name and address of the organization;
(b) 
The purpose for which the special permit is required;
(c) 
The names and addresses of the officers and directors of the corporation;
(d) 
The period during which the solicitation is to be carried out.
(2) 
Upon the filing of said application, the Township Clerk shall issue a special permit, without charge, for the specified period. Persons soliciting on behalf of entities set forth in this section may do so upon receipt of the special permit, for which there shall be no charge.
B. 
Any person honorably discharged from the military services of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
C. 
Any person who is an exempt fireman of a volunteer fire department, as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
D. 
Any public utility or its employees, which said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employee shall display the identification badge or card issued by his or her employer.
E. 
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.

§ 281-7 Rules and regulations.

Every person to whom a permit is issued under the terms of this chapter, including organizations identified in § 281-6A, shall be governed by the following rules and regulations:
A. 
All circulars, samples, merchandise or other matters shall be handed to an occupant of the property or left in a secure place on the premises.
B. 
No person subject to the provisions of this chapter shall canvass, solicit or peddle, except during the hours between 10:00 a.m. and 8:00 p.m., Monday through Saturday, unless by express invitation of the resident. This limitation shall apply only to individuals who peddle or solicit from door to door.
C. 
No person subject to the provisions of this chapter shall enter or attempt to enter the house or apartment of any resident of the Township of Montville without an express invitation from the occupant of said house or apartment.
D. 
No person subject to the terms of this chapter shall have exclusive rights to any location in the public streets or operate in any congested area where his operation might impede the public.
E. 
No person subject to the terms of this chapter shall make any solicitation within the Township limits where solicitors are notified by sign that soliciting is prohibited or which is contained on a list maintained by the Township of residences not to be solicited. The Township Clerk shall provide each person securing a permit or special permit with such list and shall take suitable steps to inform the residents of the Township that they may be included on such list if they so choose.
[Amended 3-23-2010 by Ord. No. 2010-11]
F. 
No person subject to the terms of this chapter shall litter the street, public places or property within the Township with any merchandise or printed material.
G. 
No person shall draw attention to his or her business or to his or her merchandise.
H. 
Peddling of food products is prohibited in the following Township parks during periods when concessionaires authorized by the Township are operating: 86 River Road fields, Community Park on Changebridge Road, and Camp Dawson Park on Jacksonville Road.
[Added 11-9-2011 by Ord. No. 2011-26]

§ 281-8 Expiration of permit.

Upon the expiration of the permit, the holder thereof shall surrender it to the Township Clerk.

§ 281-9 Fees.

[Amended 3-23-2010 by Ord. No. 2010-11]
The fees for a permit under this chapter, per annum or per day, are set forth in Chapter 169, Fee Schedule.

§ 281-10 Violations and penalties.

[Amended 3-23-2010 by Ord. No. 2010-11]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.