[HISTORY: Adopted by the Township Committee
of the Township of Mansfield as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 363.
[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.
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.
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.
A.
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:
(1)
Name and address of applicant.
(2)
Description of the applicant.
(3)
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.
(4)
The place of residence of the applicant for the past five years immediately
preceding the date of application.
(5)
A description of the nature of the business, including the commodities
or services to be offered for sale or purchased.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
A set of the applicant's fingerprints on the standard form
used by the various police forces of the State of New Jersey.
B.
Fee; term; issuance.
(1)
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.
(2)
All licenses shall terminate on December 31 of the year of issue.
(3)
Each license issued shall bear the signature of the Township Clerk
in the absence of any provision to the contrary.
C.
Approval or rejection of application.
(1)
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.
(2)
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.
D.
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.
E.
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.
F.
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.
G.
Revocation or suspension of license or permit.
(1)
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:
(a)
Misrepresentation or false statement contained in the application.
(b)
Misrepresentation or false statement made in the course of carrying
on the activities herein.
(c)
Conviction of any crime or misdemeanor involving moral turpitude.
(d)
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.
(e)
A determination by the Chief of Police, after investigation,
that the applicant's moral character or business responsibility
is unsatisfactory.
H.
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.
A.
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.
B.
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.
A.
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.
B.
Parking.
(1)
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.
(2)
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.
C.
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.
D.
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.
E.
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:
(1)
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.
(2)
Employees or representatives of the federal, state, county or municipal
government, or any subdivision thereof, when on official business.
(3)
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.
(4)
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.
F.
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.
A.
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:
(1)
The name and address of the organization.
(2)
Purpose for which the special permit is requested.
(3)
Names and addresses of the officers and directors of the organization.
(4)
The period of time during which solicitation shall be conducted.
(5)
The area where such solicitation shall be conducted.
(6)
The name, address, and position in the nonprofit organization of
the person making the application.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
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
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.
Any purpose described in Section 501(c)(3) of
the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3);
or
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.
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.
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the State Department of Transportation.
The portion of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
A.
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.
B.
Charitable solicitation permits shall be granted only
to charitable organizations soliciting for charitable purposes.
C.
Each person soliciting charitable contributions on
behalf of the charitable organization shall be at least 18 years old.
D.
Solicitation shall be subject to the specific terms
and conditions of each permit granted.
E.
Solicitation shall be permitted on the right-of-way,
but is strongly encouraged to be off the traveled way.
F.
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.
G.
The charitable organization shall be responsible for
cleaning up any debris from the right-of-way.
H.
Solicitation shall only be permitted during daylight
hours.
I.
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.
J.
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.
K.
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.
A.
All solicitors shall wear safety vests that are in
accordance with NJDOT standards.
B.
Parking of vehicles shall comply with applicable traffic
regulations. The Township of Mansfield recommends off-site parking.
C.
The Township of Mansfield strongly recommends coin
tosses using blankets located off the traveled way as the safest method
of solicitation.
D.
The solicitor shall not install any traffic control
devices.
A.
Signs advertising the roadway solicitation are permitted,
but they must be of a temporary construction and breakaway to the
extent possible.
B.
Signs shall be a maximum of 16 square feet.
C.
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.
E.
Signs shall not be permitted in the traveled way or
in medians less than eight feet in width.
F.
All signs warning, noticing, or advertising a solicitation
shall be removed immediately following the solicitation event.
A.
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.
B.
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.
C.
All applications shall be reviewed and either approved
or denied within 14 days of their submission in complete form.
D.
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.
E.
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.
F.
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.
