For the purpose of this section, the following terms, words
and phrases shall be interpreted as follows:
Any individual receiving compensation, in any form whatsoever,
from an entity for engaging in solicitation within the Township.
Any person, organization, firm, partnership, corporation,
company, association, church, religious denomination, society, class,
league or other entity or group seeking to obtain a license for commercial
solicitation.
Any person who travels, either by foot or automobile or any
other type of conveyance, from place to place, from house to house,
from business to business or from street to street to seek or develop
support for, to conduct market research about, to determine feelings
or opinions about, to conduct a survey about, or explain a position
about and on behalf of any commercial product, cause or organization.
Includes but is not limited to food (including, but not limited
to, ice cream, refreshments and farm products), magazines and periodicals,
advertisements, commercial handbills, personal property, coupons,
products, merchandise, wares, orders or contracts for a service, home
or business improvement or alterations, as well as offering or seeking
to purchase real property when such real property is not listed for
sale.
Any person who travels, either by foot or automobile 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
the sale of goods of any nature whatsoever for future delivery or
for services to be furnished or performed in the future, whether or
not such person has, carries or exposes for sale a sample of the object
to be sold, and whether he/she is collecting advance payments on such
sales; shall not include wholesalers calling on retail merchants.
A license of commercial solicitation issued by the Township
pursuant to the provisions of this article.
Any organization tax exempt under § 501(c)(3) of the
Internal Revenue Code;
Any organization created under or otherwise subject to the provisions
of the Title 15A of the New Jersey Statutes;
Any organization, whether or not qualified under § 501(c)(3)
of the Internal Revenue Code or subject to the provisions of Title
15A of the New Jersey Statutes, whose primary purpose is to benefit
the school-age children of the Township, included, but not limited
to, schools, school clubs and organizations, Scouts and similar youth
group;
Any organization whose primary purpose is to advocate for religious
or political causes, whether or not qualified under § 501(c)(3)
of the Internal Revenue Code or subject to Title 15A of the New Jersey
Statutes;
Any department within the Township's municipal government
structure, including, but not limited to, the Police Department and
any volunteer fire, first aid or rescue organization that is located
in, has substantial membership from or serves the Township; or
And federal, state or county government agency.
Any person who travels, either by foot or automobile or any
other type of conveyance, from place to place, from house to house
or from street to street, carrying, conveying or transporting goods
for the purpose of selling and delivering them to prospective customers.
Not only an individual, but also any organization, firm,
partnership, corporation, company, association, church, religious
denomination, society, class, league or other entity or group.
To go in or upon the streets, roads and semiprivate and private
property in the Township without having been invited to do so by the
owner or occupant of the property, for the purpose of advertising,
promoting or selling any products, goods or services, seeking to purchase
real estate that is not advertised for sale or conducting market research
or a market or opinion survey regarding commercial goods or services.
Solicitors shall include, but shall not be limited to, itinerant vendors,
peddlers, hawkers and canvassers of commercial products or services.
Solicitation shall include the placement upon private property of
handbills or other written material advertising goods or services
for sale. Solicitation shall also include the sale of goods or services
which the solicitor promises to donate or deliver to a charitable
or other nonprofit institution on behalf of the purchaser.
Any individual agent or employee soliciting on behalf of
any organization, firm, partnership, corporation, company, association,
church, religious denomination, society, class, league or other entity
or group.
This chapter shall not affect any of the following persons or
activities:
A.
Any person engaged in the delivery, in the regular course of business,
of goods, wares, merchandise, or other articles of personal property
to the premises of persons who had previously ordered same or were
entitled to receive same by reason of prior agreement.
B.
Any nonprofit organization, as defined in § 380-1 of this Code, engaged in the solicitation of funds for charitable purposes solely from its members.
C.
Any person engaged in the solicitation of funds for a nonprofit organization,
when solicitation occurs on premises owned or controlled by the person
soliciting funds or with the permission of the person who owns or
controls the premises.
D.
Federal census-taking and surveys taken pursuant to federal, state
or local laws.
E.
Any public utility, or its agents and employees, which is subject
to the regulation of the State Board of Public Utility; provided,
however, such agents or employees shall display the identification
badge or card issued by the utility.
F.
Children enrolled in public and private elementary and secondary
schools in the Township, including children peddling or soliciting
for schools, school clubs and organizations, Scouts and similar youth
groups.
G.
Any person engaged in the delivery or solicitation of subscriptions for a print media organization; provided, however, that said person shall adhere to the general regulations set forth in § 380-10 and in addition such persons shall display an identification badge (subject to the approval of the Township Clerk) provided by the print media organization and an information sheet shall be filed with the Police Department and the Township Clerk containing:
(1)
The proposed location of solicitation;
(2)
The make, model and license plate number of any vehicle being used
during such solicitation;
(3)
The name of the supervisor of the persons soliciting; and
(4)
The names of all those soliciting within the Township on behalf of
said print media organization.
H.
Any individual campaigning for elected public office or support/opposition
to a public question which is to be voted upon in the Township during
a primary, general, school board, municipal or special election, in
a local, state or national election.
Except as otherwise provided in § 380-2, it shall be unlawful for any person to solicit, sell or dispose of or to offer to sell or dispose of any goods, or to solicit orders for the performance of any service or to engage in commercial canvassing within the geographical limits of the Township without first obtaining a license therefor in compliance with the provisions of this chapter. Such license shall not be transferable from person to whom issued to any other person. A separate license shall be obtained by each solicitor, itinerant vendor, hawker, peddler or canvasser for every agent or employee working for him/her.
A.
Every applicant for license under this section shall be 18 years
of age or older and shall follow the procedures.
B.
Any person desiring a license required by this chapter shall file
with the Township Clerk an application for each license. The following
information and must be under oath:
(1)
Name of applicant.
(2)
Permanent home address.
(3)
Name and address of firm represented, the names and addresses of
the person from which goods making up the stock were or are to be
purchased.
(4)
Three business/personal references, not including the current employer.
(5)
The home addresses of the applicant for the preceding three calendar
years.
(6)
The length of time for which the license is desired.
(7)
A description of the wares to be offered for sale.
(8)
The number of arrests or convictions for misdemeanors or crimes and
the nature of the offenses for which arrested or convicted.
(9)
Whether a driver's license issued by any state to the solicitor's
agent/employee had ever been suspended or revoked, and if so, for
what reason.
(10)
To the application must be appended a letter from the firm for
which the applicant purports to work, authorizing the applicant to
act as its representative. Such applicant shall also submit a recent
photograph of the applicant. The photograph shall be submitted in
digital format at a standard required by the Township Clerk.
A.
The investigation required shall be limited to that sufficient for
the Chief of Police or their designee to make a determination that:
(1)
The issuance of a license is in accordance with the provisions of § 380-4 and N.J.S.A. 45:17A-18 et seq.; and
(2)
The applicant or its agents or employees have not been convicted
of any criminal offense or a violation of a municipal ordinance relating
adversely to the registrant's fitness to perform activities regulated
by this section, including those involving violence or the threat
of violence.
B.
For the purpose of this section, a plea of guilty, nolo contendere
or any other similar disposition of alleged criminal activity shall
be deemed a violation.
Each solicitor permitted to conduct solicitations shall carry
the approved license at all times and will present same upon request.
The license shall be prepared by the Township Clerk and shall be uniform
in style and design. The following information shall be printed on
the license:
A.
Name of organization, firm, partnership, corporation, company, association,
church, religious denomination, society, class, league or other entity
or group; and
B.
Name of solicitor; and
C.
Name of the organization on whose behalf the solicitation is made;
and
D.
Expiration date of the license; and
E.
A statement that the Township has licensed the solicitation but neither
approves nor disapproves of the organization and/or its activities.
Every organization, firm, partnership, corporation, company,
association, church, religious denomination, society, class, league
or other entity or group issued a license under this section and their
agents and employees thereof shall conduct himself/herself according
to the following code of conduct:
A.
He/she shall not enter or remain upon any resident's property
that is on the "Do Not Knock Registry" established pursuant to this
chapter or upon which it is posted that solicitors are not permitted
or notice of similar content.
B.
He/she shall carry the license at all times and will present same
upon request.
C.
He/she shall display his/her license in a visible manner.
D.
He/she shall not enter or attempt to enter any dwelling unit without
the expressed invitation from the occupant therein.
E.
He/she shall immediately leave the resident's property or business
property upon request by the occupant or business owner or employee
to do so.
F.
He/she shall not leave, on or about the resident's property,
any circular, samples or other matter or material unless same is handed
to an occupant of the property.
G.
He/she shall not indicate that the Township endorses or sponsors
any of the views expressed or the organization for which support of
contribution is sought.
H.
He/she shall not make false claims, misrepresentations or materially
incorrect statements concerning the solicitation, organizations represented
or the use to be made of the amount solicited.
I.
He/she shall not engage in any course of alarming conduct or conduct
himself/herself so as to reasonably alarm or annoy the occupant of
the dwelling.
J.
He/she shall not engage in any conduct which is prohibited by any
statute, regulation or ordinance in effect in the Township.
K.
He/she shall present written receipts.
L.
He/she shall have a complete copy of this section in his/her possession
at all times.
M.
He/she shall be wearing a reflective vest and carrying a functioning
flashlight at dusk or later.
N.
He/she shall have in his/her possession at all times a copy of the
Township's "Do Not Knock Registry" that is no more than 30 days
old.
It shall be unlawful for a person to:
A.
Solicit any person at his or her residence before 9:00 a.m. and one
hour after sunset or 9:00 p.m., whichever is earlier.
B.
Solicit on Sundays or on recognized holidays by the federal government
and the State of New Jersey.
C.
Have exclusive rights to any location on public property.
D.
Enter or attempt to enter the land of any resident where such resident
has posted or placed a clearly visible sign indicating that such resident
does not wish to be disturbed by peddlers or solicitors.
E.
Attempt to solicit any individual or residence listed on the Township's
"Do Not Knock Registry."
F.
Refuse to leave a private dwelling or property after having been
requested to do so by the owner or occupant thereof.
G.
Distribute obscene merchandise or printed material, or printed material
that advocated unlawful conduct.
H.
Litter the streets, public places or other property within the Township
by any merchandise or printed material.
I.
Station, place or set up or maintain a cart, wagon, motor vehicle
or other vehicle or allow it to remain on any sidewalk that would:
(1)
Restrict, obstruct, interfere with or impede any pedestrian's
right-of-way;
(2)
Restrict, obstruct, interfere with or impede the ingress or egress
from the abutting property;
(3)
Increase traffic congestion, cause or increase traffic delay or hazard;
(4)
Cause, create, or constitute a danger to health, safety, or welfare.
Any person receiving money or any other thing of value of $1
or more from any contributor under a solicitation made pursuant to
this section shall provide to the contributor a written receipt signed
by the solicitor showing the date and amount received, provided that
this section shall not apply to any contribution collected by means
of a closed box or receptacle used in the solicitation where the use
thereof has been approved by the Township in accordance with this
section where it is impractical to determine the amount of each contribution.
Copies of such receipts shall be kept on file for inspection upon
the request of an enforcing officer pursuant to this chapter.
