[HISTORY: Adopted by the Township Committee of the Township of Mansfield as indicated in article histories. Amendments noted where applicable.]
Zoning — See Ch. 363.
Article I Licensing Requirements
Article II Charitable Solicitations in Roadways
[Adopted 3-27-1962 (§§ 4-1 to 4-5 of the 1975 General Ordinances); as amended through Ord. No. 13-78]
As used in this article, the following terms shall have the meanings indicated:
- A person selling or exposing for sale articles or merchandise, goods or services from a motor vehicle, cart, stand or movable facility or display.
- NONPROFITMAKING VENDOR
- A person who sells or solicits goods, merchandise or services, the proceeds of which are devoted exclusively to philanthropic, charitable or religious purposes on his own behalf or as a servant, agent or employee of another, provided that such person not derive any remuneration to his personal benefit directly from an activity regulated herein.
- Any person who may also be known as a hawker or vendor, who sells or purchases tangible commodities, from house to house, store to store or on the streets or in any public place; whose sales or purchases are not made from one established place; who makes delivery at the time of sale or takes possession at the time of purchase, but who need not collect the sale price nor pay the purchase price at the same time he delivers or takes possession of the commodities. The purchase of junk, household goods or discarded items shall be included within this definition.
- SOLICITOR or CANVASSER
- A person selling goods, merchandise or services by sample or taking orders for future delivery with or without accepting an advance payment for the goods; or a person seeking information or donations or taking a poll or a survey from residents to residents, door to door or on the street; or a person seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project; or a person distributing advertisements or hand bills.
Application requirements. Applications for all licenses and permits required by this article shall be made in writing to the Township Clerk in the absence of a provision to the contrary. The application shall contain the following information:
Name and address of applicant.
Description of the applicant.
Name and address of the firm or organization represented, if any, and a certified statement from such firm or organization certifying that the applicant is authorized to act as the firm's or organization's representative, or that the applicant is self-employed.
The place of residence of the applicant for the past five years immediately preceding the date of application.
A description of the nature of the business, including the commodities or services to be offered for sale or purchased.
If a vehicle is to be used, a description thereof, including state of registration, license plate number, the name and address of insurance carrier and insurance policy number.
Whether or not the applicant has ever previously been issued a license to conduct such business and whether or not such has ever been denied or revoked, and if so, setting forth details thereof.
The date, place, and nature of offense of any arrest or conviction of any high misdemeanor, misdemeanor, disorderly persons offense or municipal ordinance other than traffic violations.
Two photographs showing the applicant's face, front and profile, representative of the applicant's appearance at the time of the application, of a minimum size of 1 1/2 inches square, which photographs shall be affixed to the application.
A set of the applicant's fingerprints on the standard form used by the various police forces of the State of New Jersey.
Fee; term; issuance.
A fee of $15 shall accompany the application for a license and such fee shall constitute the license fee until the license is terminated or revoked in accordance with this article. Such fee shall not be refundable and shall be used to defray the costs of investigation and processing.
All licenses shall terminate on December 31 of the year of issue.
Each license issued shall bear the signature of the Township Clerk in the absence of any provision to the contrary.
Approval or rejection of application.
Following the filing of the application with the Township Clerk, the Clerk shall forward a copy of the application to the Chief of Police, who shall within 15 days verify the information included on the application as well as the moral character and business background of the applicant.
Upon verification of the application by the Chief of Police and such other investigation as he shall deem necessary for the protection of the public good, the license shall be issued, except that no license shall be issued to any person who has been convicted of a crime, misdemeanor or other offense involving moral turpitude, who has made a misrepresentation or false statement in his application, or who has otherwise been found to be unsatisfactory character or business responsibility by the Chief of Police.
Issuance and extent of license. All licenses shall be issued on forms drawn in accordance with this section. They shall be printed with corresponding stubs and shall be consecutively numbered. Both the license and the stub shall contain suitable blank spaces for writing in the name, the class of license granted, the location of the business and the amount of fee paid. The license shall carry a photograph of the licensee and specify the kind of goods being dealt in. The license shall contain the signature of the applicant.
Records. A record of all current licenses issued shall be kept by the Police Department. A permanent record of all licenses issued shall be kept by the Township Clerk.
Transfer of license. All licenses issued under this article shall authorize only the person named in such license to engage in the business designated therein. Such license shall not be transferred from the person to whom issued to any other person. A separate license shall be obtained for every servant, agent or employee of a person, notwithstanding that such person shall be licensed hereunder.
Revocation or suspension of license or permit.
Licenses or permits issued under this article may be revoked by the Chief of Police or the Mayor and Township Committee for any of the following causes:
Misrepresentation or false statement contained in the application.
Misrepresentation or false statement made in the course of carrying on the activities herein.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the licensed or permitted business in an unlawful manner, in violation of this article, state or federal statute or regulation or in such manner as to cause breach of the peace, to create a nuisance or to constitute a menace to the health, safety or general welfare of the public.
A determination by the Chief of Police, after investigation, that the applicant's moral character or business responsibility is unsatisfactory.
Appeals; administrative review. Any person whose application for a license or a permit hereunder has been denied, whose license has been revoked, or who shall be denied written permission from the Chief of Police, may request in writing, within 14 days of such rejection, revocation or refusal, that the Mayor and Township Committee conduct a hearing to determine whether the action complained of should be affirmed or reversed. Upon receipt of such written request, the Mayor and Township Committee shall, within 45 days after receipt of the request, conduct such hearing and at the conclusion of such hearing, affirm the action complained of or order the appropriate official to issue the license, set aside the revocation of the license or grant the permission previously refused, as the case may be. The decision of the Mayor and Township Committee on such hearing shall be final and conclusive.
License required. No person shall engage in the business of peddler or huckster, of any merchandise, article or thing without having first secured a license therefor pursuant to § 260-2.
Use of public places. No peddler shall ply his vocation on any street, sidewalk, park, parkway, or in any other public place unless his peddlers' license specifies that peddling in such public places shall be permitted thereunder.
No person shall engage in business as a canvasser or solicitor, calling at residences without the previous consent of the occupant for the purpose of soliciting orders, sales, subscriptions or business of any kind, or seeking for information or donations without first having obtained a license pursuant to § 260-2.
Hours. No person shall solicit or canvass or engage in any activity permitted by this article before the hour of 9:00 a.m. or after the hour of 8:00 p.m.
No person shall stand or park a vehicle for the purpose of displaying or selling wares, merchandise or services within a business or highway commercial district, as defined Chapter 363, Zoning, or otherwise in violation of the zoning ordinance.
No person shall stand or park a vehicle, cart, stand or a movable facility or display upon any public street for the purpose of displaying or selling wares, merchandise or services in violation of N.J.S.A. Title 39 or the Township ordinances and without first having obtained written permission from the Chief of Police, which permission shall be denied if same shall be determined to cause a dangerous traffic condition.
Use of streets. No licensee shall have any exclusive right to any one place upon any sidewalk or any street and shall not be permitted to operate in a congested area where his operation might impede or inconvenience the public. For the purposes of this article, the judgment of a police officer exercising good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
Consent of occupants. The practice of going in and upon private residences in the Township by solicitors, peddlers, hawkers or vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of such private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or disposing of and/or peddling or hawking the same, is declared to be a nuisance.
Exceptions. The following shall be exempt from all provisions of this article, except §§ 260-1, 260-2D and G, and Subsections A, B and C of this section, violations of which shall be unlawful:
The delivery of milk, eggs, bread, newspapers or such other necessary and perishable articles of food or merchandise of a type commonly delivered at regular intervals on a residence-to-residence basis.
Employees or representatives of the federal, state, county or municipal government, or any subdivision thereof, when on official business.
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9, provided that such licensee shall notify the Chief of Police, in writing, prior to any such activity herein described within the Township, of the date and approximate area in which the licensee intends to solicit and shall include the licensee's license number, date issued, and county where issued.
Any person engaged in any activity, the purpose of which is to aid or promote the nomination, election or defeat of any candidate or candidates for political office, or to aid or promote the passage or defeat of any public question in any election, or seeks to influence the content, introduction, passage or defeat of any legislation.
Inspection of food vendors equipment. The equipment used or employed by peddlers, barkers or vendors of ice cream, foods, beverages, confections and related commodities shall be maintained in a clean and sanitary manner and be subject to inspection by the Board of Health or its authorized agents, in accordance with the provisions of this article and the ordinances of the Township Department of Health. Any violation found, and not immediately corrected, shall be grounds for revocation of the license.
Any nonprofit, religious, charitable, civic, or veteran organization, service club, volunteer fire or first aid company which is located in or has a substantial membership from or provides substantial service to the Township or its inhabitants, may solicit, in its name, money, donations or financial assistance of any kind or design; sell or distribute any item of literature or merchandise for which a fee is charged, provided that they procure from the Township Clerk a special permit and an identification card for each agent or employee operating within the purview of this section. Prior to issuance of such permit, a sworn application shall be filed with the Township Clerk by the nonprofit organization, which shall contain the following information:
The name and address of the organization.
Purpose for which the special permit is requested.
Names and addresses of the officers and directors of the organization.
The period of time during which solicitation shall be conducted.
The area where such solicitation shall be conducted.
The name, address, and position in the nonprofit organization of the person making the application.
Upon being satisfied that such person, organization or association is bona fide, the Township Clerk shall issue a special permit and identification card without charge for the specified period.
Each permit shall bear the signature of the Township Clerk in the absence of any provision to the contrary.
[Adopted 6-27-2001 by Ord. No. 2001-13]
Charitable organizations as defined herein shall be permitted to solicit contributions in the right-of-way of a public street, roadway or highway within the Township of Mansfield.
To solicit contributions in the right-of-way, the charitable organization shall have approval in advance from the Township of Mansfield. The Township of Mansfield will not authorize charitable solicitations on any county highway or intersection thereof without the approval of the County Board of Chosen Freeholders. The Township of Mansfield will not authorize charitable solicitations on any state highway or intersection thereof without the approval of the State Department of Transportation.
To obtain approval from the Township of Mansfield, the charitable organization shall obtain a "Charitable Solicitation Permit" from the Township Clerk, subject to the terms and conditions specified herein.
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise.
- A. Any person determined by the Federal Internal Revenue Service to be a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
- B. Any person who is, or holds himself or herself out to be, established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose, or for the benefit of law enforcement personnel, fire fighters or other persons who protect the public safety, or any person who in any manner employs a charitable appeal as the basis of any solicitation, or an appeal which has a tendency to suggest there is a charitable purpose to any such solicitation.
- A. Any purpose described in Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
- B. Any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary objective, or an objective that benefits law enforcement personnel, fire fighters, or other persons who protect the public safety.
- CHARITABLE SOLICITATION PERMIT
- A permit issued by the Township of Mansfield pursuant to this article.
- A public right-of-way, whether open or improved or not, including all existing factors of improvements.
- Roadway, street or highway property and property rights, including easements, owned and controlled by the Township of Mansfield.
- The portion of the roadway that lies between the edge of the traveled way and curbline, excluding auxiliary lanes.
- STATE HIGHWAY
- A road owned, taken over, controlled, built, maintained, or otherwise under the jurisdiction of the State Department of Transportation.
- TRAVELED WAY
- The portion of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
No person shall solicit charitable contributions on a roadway, street or highway or intersection thereof lying within the Township of Mansfield without approval from the Township of Mansfield through the issuance of a Charitable Solicitation Permit. Such permit shall be in possession of the solicitor during all times of solicitation and be available for inspection by local and state police enforcement personnel.
Charitable solicitation permits shall be granted only to charitable organizations soliciting for charitable purposes.
Each person soliciting charitable contributions on behalf of the charitable organization shall be at least 18 years old.
Solicitation shall be subject to the specific terms and conditions of each permit granted.
Solicitation shall be permitted on the right-of-way, but is strongly encouraged to be off the traveled way.
Solicitation shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease while traffic is moving. Use of flagmen shall be prohibited.
The charitable organization shall be responsible for cleaning up any debris from the right-of-way.
Solicitation shall only be permitted during daylight hours.
State, local police, or the Department of Transportation may suspend solicitation operations at any time if any condition of the permit is violated, or, if in the police officer's or the Department's sole discretion traffic is being impeded or delayed or the public safety is at risk.
Solicitors shall not drink alcoholic beverages, use drugs, or be under the influence of drugs or alcohol when soliciting. Solicitors shall not harass the public.
The Township of Mansfield shall not be liable in any civil action for damages for property damage or personal injury resulting from a motor vehicle accident arising out of or in the course of solicitations for the purpose of soliciting contributions, conducted by charitable organization, as defined at herein.
All solicitors shall wear safety vests that are in accordance with NJDOT standards.
Parking of vehicles shall comply with applicable traffic regulations. The Township of Mansfield recommends off-site parking.
The Township of Mansfield strongly recommends coin tosses using blankets located off the traveled way as the safest method of solicitation.
The solicitor shall not install any traffic control devices.
Signs advertising the roadway solicitation are permitted, but they must be of a temporary construction and breakaway to the extent possible.
Signs shall be a maximum of 16 square feet.
Signage shall be in accordance with the temporary signage standards contained in the Manual on Uniform Traffic Control Devices, 1988 or superseding issue, available through the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
Signs shall not be permitted in the traveled way or in medians less than eight feet in width.
All signs warning, noticing, or advertising a solicitation shall be removed immediately following the solicitation event.
An applicant shall complete the proper application form and submit it to the Mansfield Township Chief of Police for review and endorsement of his approval that the permit be issued.
An application shall not be considered to have been submitted, and processing of a permit application shall not begin, unless and until the proper application has been submitted and the application is complete.
All applications shall be reviewed and either approved or denied within 14 days of their submission in complete form.
To be complete, the application form shall be endorsed by the Chief of Police. The permit if approved shall then be signed by the Township Clerk.
If the charitable solicitation is proposed at the intersection of a state highway and a county route, the application form shall also be accompanied by written approval from the County Board of Chosen Freeholders.
The application form shall specify the location, date(s)/duration, and time(s) of proposed charitable solicitation. One application form may cover multiple dates during the same calendar year. Seasonal applications are encouraged by the Township.
Any person guilty of violating a provision of this article shall be liable for a fine not to exceed $100 for each day of such violation. Tickets may be written by the state or local police under N.J.S.A. 39:4-60.