[Adopted by Ord. No. 97-014 (Sec. 4-2A of the 1996 Revised
General Ordinances)]
The purpose of this article is to authorize
Manchester Township First Aid Squads and Fire Departments to solicit
contributions on roadways or highways within the municipality and
to establish procedures for the same.
Each duly authorized and incorporated volunteer
First Aid Squad or Fire Department for the Township of Manchester
may solicit contributions on roadways or highways within the municipality
twice a year.
The First Aid Squad or Fire Department seeking
to engage in such conduct must make application to the Municipal Clerk
for a permit to conduct the highway or roadway solicitation.
The permit shall issue upon approval by the
Chief of Police of Manchester Township.
No person other than a volunteer member of the
duly authorized and incorporated First Aid Squad or Fire Department
for the Township of Manchester may engage in the conduct of charitable
solicitation pursuant to this article.
No person engaged in the charitable solicitation
pursuant to this article shall stand on a highway or roadway so designated
and marked, to stop, impede, hinder or delay the progress of a vehicle
for the purpose of soliciting the purchase of goods, merchandise or
tickets, or for the purpose of soliciting contributions.
The Township shall not authorize charitable
duly authorized volunteer First Aid Squads or Fire Departments for
the Township of Manchester to solicit charitable contributions on
any county highway or intersection of a county highway without approval
of the Board of Chosen Freeholders of Ocean County.
The Township shall not authorize charitable
duly authorized volunteer First Aid Squads or Fire Departments for
the Township of Manchester to solicit charitable contributions on
any state highway or intersection of a state highway without approval
of the State Commissioner of Transportation.
A permit may issue only upon the presentation
of a certificate of insurance to the Municipal Clerk.
Any person who violates any provision of this
article shall be subject to a fine not to exceed $100.
[Adopted 2-27-2012 by Ord. No. 12-004; amended in its entirety 11-27-2017 by Ord. No. 17-028]
As used in this article, the following terms shall have the
meanings indicated:
CHARITABLE
Includes the words "patriotic," "philanthropic," "social
service," "welfare," "benevolent," "educational," "civic" and "fraternal,"
either actual or purported.
CONTRIBUTIONS
Includes the words "alms," "food," "clothing," "money," "subscriptions,"
"property" and "donation" under the guise of a loan or money or property.
ITINERANT SALESMAN AND VENDOR
Includes hawkers, peddlers and salespeople, their agents,
servants, employees or representatives who, with or without any form
of container, vehicle or other conveyance, shall, on the streets or
other public places of said township or otherwise from door to door
or from house to house, sell, cause to be sold, offer for sale or
cause to be offered for sale goods, wares or merchandise of any description
whatsoever, or who solicit funds or subscriptions of any kind, except
as hereinafter excluded.
PERSON
Any individual, firm, association, corporation, partnership,
society or organization, or any agent, employee or representative
thereof.
RELIGIOUS and RELIGION
Shall not mean and include the word "charitable" as herein
defined, but shall be given their commonly accepted definitions.
SOLICIT and SOLICITATION
The request, directly or indirectly, for money, credit, property,
financial assistance or other thing of value on the representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable or religious purpose.
The purpose of this article is as follows: to prevent unfair
competition and dishonest business practices by requiring persons
intending to engage in any of the occupations to be licensed by this
article to furnish certain preliminary information, to conform to
the requirements of this article and, to the extent set forth in this
article, to regulate the conduct of persons engaged in any of such
occupations.
It shall be unlawful for any person, as an itinerant salesman or vendor, to sell, offer for sale or cause to be sold or offered for sale within the corporate limits of the Township of Manchester any goods, wares or merchandise of any kind whatsoever, or to solicit funds, subscriptions or contributions, except as herein particularly allowed, without first having applied for and obtained a permit for such purpose. Permits are not transferrable from the person to whom issued to any other person. A separate permit must be obtained by each itinerant salesman or vendor and each agent or employee working for him in accordance with §
301-18.
This article is intended to particularly exclude wholesalers,
holders of special privileges and all the persons exempted by operation
of law including the following exempt categories:
A. Any charitable, educational, nonprofit or religious body that shall
conduct sales of personal property when the proceeds thereof shall
be applied to the payments of the expenses thereof and to the charitable,
educational, nonprofit or religious body for which the body exists.
B. Any public utility or its employees, which said utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall wear a plainly visible
identification badge on the upper left corner of their torso, pursuant
to the requirements of N.J.S.A. 48:3-42 et seq.
C. Any person not otherwise subject hereto, 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.
D. Any person canvassing for a governmental agency.
E. The provisions of this chapter shall not apply to any private streets
unless the management association of an individual private community
requires a Township permit as part of its regulations. Permission
must be obtained from the management association of the individual
private community before any activities described in this chapter
can be conducted within the confines of any private streets or communities.
A list of the private communities and streets can be obtained from
the Township Clerk.
An application for a permit as required in §
301-13 hereof shall be made to the Township Clerk upon forms provided by the Township of Manchester and shall contain any and all information that the Township Clerk may deem reasonable and necessary. The application shall include the following information and must be updated by the applicant as necessary:
A. The name, description, address or headquarters of the person applying
for the license.
B. If the applicant is not an individual, the names and addresses of
the applicant's principal officers, operating managers and all
members of the applicant's Board of Directors.
C. If the applicant is a corporation of the State of New Jersey, a certified
copy of its certificate of incorporation, together with any amendments
or supplements thereto.
D. If the application is a corporation, an in-state registered agent
must be identified by name and street address.
E. If the applicant is an individual, the permanent home address and
full local address of the applicant.
F. A brief statement of the nature of the business and description of
the merchandise or service to be sold.
G. The name and address of the person or persons who will be in direct
charge of conducting the sale or offer of merchandise or service(s)
and the names of all promoters connected or to be connected with the
proposed sale or offer.
H. If a vehicle is or vehicles are to be used, a description of such
vehicles and license plate numbers.
I. Such other information as may be reasonably required by said Chief
of Police in order for him or her to determine the kind and character
of the proposed solicitation and whether such solicitation is in the
interest of and not inimical to the public welfare.
J. A temporary license may be issued for a period not to exceed 60 days
upon the written recommendation of the Chief of Police.
Any signs utilized by any person to sell his or her goods, wares
or merchandise shall be located on the vehicles being used by said
person in the sale of his or her goods, wares and merchandise.
An application for a permit shall be granted or denied within
30 days from the date that the fully complete application and the
background check information is submitted to the Township Clerk, and
in the event of denial the Township Clerk shall notify the applicant
by certified mail, setting forth the reasons for denial. Within five
days thereafter, the applicant may file with the Township Clerk a
written request for a hearing on the said application to be heard
by the Township Council.
Any permit which may have been issued may be revoked and canceled
by the Township on a showing that any of the provisions of this article
have been violated or for other good cause. Upon learning of the alleged
violation of any provisions of this article, or for other good cause,
the Township shall immediately suspend the permit and give the holder
thereof written notice by certified mail of a hearing to be held by
the Township Council within 10 days of such suspension to determine
whether or not the permit should be revoked and canceled.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine of not more than $1,000, by imprisonment for a term not to exceed
90 days and/or by a period of community service not to exceed 90 days,
in the discretion of the Judge. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.