As used in this article, the following terms shall have the
meanings indicated:
A person, also known as a "canvasser," whether a resident
of the Township or not, traveling either by foot, cart, motor vehicle,
or any other type of conveyance, from place to place, from house to
house or from street to street, who takes or attempts to take orders
for sale of goods, merchandise, or 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 and whether
or not he accepts an advance payment for the goods. Any person taking
a poll or a survey from house to house or on the streets, or distributing
advertisements or handbills, is included.
It shall be unlawful for any solicitor or canvasser to engage in such business within the Township without first obtaining a license and a criminal background check under § 230-15.
This article shall not apply to any person giving alarm of fire
or similar emergency warning, discharging a governmental duty, distributing
literature on behalf of a candidate for public office or making calls
as part of a service to which the occupant of the house subscribes.
The application for a solicitor's license shall indicate
the place where the goods or property proposed to be sold, or orders
taken for the sale thereof, are manufactured or produced, where such
goods or products are located at the time of application and the proposed
method of delivery. The applicant shall also provide personal identification
data, including height, weight, identifying marks and two photographs,
approximately 2 1/2 inches square, of their face.
A.
When the application is properly filled out and signed by the applicant,
it shall be the duty of the Chief of Police or his designee to investigate
and verify the statements made therein. A criminal background check
report completed by a state contract approved vendor shall be submitted
to the Chief of Police. Within five business days upon receipt of
the criminal background check, the Chief shall indicate approval or
disapproval in writing upon the application to the Office of Emergency
Management. The Chief of Police may, upon review of the application,
refuse to issue a permit to the applicant for any of the following
reasons:
(1)
The location and time of the activities described in the application
would endanger the safety and welfare of the applicant, its customers,
or the citizens of the Township;
(2)
The applicant has previously violated a peddling or soliciting ordinance;
(3)
The applicant has a record of breaches of solicited contracts;
(4)
Other concrete evidence of bad character;
(5)
An investigation reveals that the applicant falsified information
on the application;
(6)
The applicant has been convicted of a felony, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances,
or any violent acts against persons or property; or
(7)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of application.
B.
The Chief of Police or designee shall notify the applicant of the
Chief of Police's decision. In case of approval, the Chief of
Police or designee, upon the payment of the prescribed license fee,
shall execute and deliver to the applicant his license and notify
the Office of Emergency Management of the same. A separate license
must be obtained for every agent or employee working for any person.
The Chief of Police or designee shall notify the applicant to contact
the Office of Emergency Management to begin the process of the creation
of their license badge or card.
The fee requirements set forth in § 230-17, insofar as same shall apply to fees for solicitors, shall be held not to include the following persons, who are hereby expressly exempt from its application:
A.
Persons honorably discharged from the military services of the United
States possessing a solicitor's license issued in conformity
with N.J.S.A. 45:24-9 and 45:24-10.
B.
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.
No soliciting or canvassing activity shall be conducted before
before 10:00 a.m. or after 5:00 p.m. No licensee shall solicit at
any residence or other building when barred by the householder by
a sign with words to the effect that solicitors are not invited or
are prohibited.
Any duly incorporated organized society, civic club or fraternal
organization sponsoring any social or amusement affair to raise funds
strictly for charitable purposes shall be exempt from the payment
of Township-established license fees; however, a permit shall be secured
from the Township. The application shall set forth the specific purpose
for which the proceeds of the affair shall be devoted and shall set
forth the place and date where the social or amusement affair shall
be held. All applicants shall provide satisfactory proof of nonprofit
status upon request, including but not limited to evidence of tax
exemption.
Violation of any provision of this article shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $2,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Each and every violation
shall be considered a separate violation. Any person who is convicted
of violating the provisions of this article within one year of the
date of a previous violation and who was fined for the previous violation
may be sentenced by the court to an additional fine as a repeat offender.
The additional fine imposed as a repeat offender shall not be less
than the minimum or exceed the maximum fine provided herein, and same
shall be calculated separately from the fine imposed for the violation
of this article.
