[HISTORY: Adopted by the Mayor and Council of the Borough of Chatham 5-1-1933 and 4-26-1937 (Ch. 108 of the 1975 Code); amended in its entirety 7-9-2018 by Ord. No. 18-09. Subsequent amendments noted where applicable.]
The purpose of this chapter is to balance the First Amendment free speech protections afforded to door-to-door peddling, solicitation and canvassing with the Borough's public safety concerns and the privacy interests of Borough residents.
BOROUGH
The Borough of Chatham.
PEDDLER
Any person who goes from place to place by traveling on the streets and roads or from house to house carrying, conveying or transporting goods, wares, merchandise or personal property of any nature whatsoever for the purpose of selling them to customers. The word "peddler" shall include the words "hawker," "huckster" and "vendor."
PERSON
An individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
SOLICITOR or CANVASSER
A. 
Any person who goes from place to place by traveling on the streets and roads or from house to house taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, including orders for improvements to real property, whether or not such person has, carries or exposes for sale a sample of the object to be sold and whether or not he is collecting advance payments on such sales.
B. 
The word "solicitor" shall include the word "canvasser."
C. 
A solicitor or canvasser also is deemed to be one who is not in the business of selling goods, but one who makes surveys for research purposes, analysis, opinion polls, rating data and any such similar work, which, by nature, involves a door-to-door or place-to-place activity, and shall include persons going from door to door or place to place or being in or on any public or quasipublic areas of the Borough for the purpose of seeking contributions, donations or alms for any person or organization.
VEHICLE
Includes wagons, carts, trailers, motor trucks, motor vehicles, service dispensers or other type of conveyance.
It shall be unlawful for any peddler, solicitor or canvasser, as defined in this chapter, to engage in such activity within the Borough of Chatham without first obtaining a license as provided herein.
A. 
Any individual or group advocating or soliciting on behalf of a charitable or not-for-profit organization, including such activities as religious proselytizing, political speech or the distribution of political or religious handbills or circulars, shall be exempt from the requirements of this chapter except for the time limitations set forth in § 199-8.
B. 
Any veteran or exempt firefighter of a volunteer fire department holding a special license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10 shall be exempt from the requirements of this chapter except for the time limitations set forth in § 199-8.
C. 
The requirements of this chapter shall not apply to the following:
(1) 
Any public utility or its employees, where said public utility is subject to regulation by the State Board of Public Utilities; provided, however, that such employees shall display the identification badge or card issued by their employer.
(2) 
Any person engaged in the delivery of 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.
All applicants shall pay the license fee required by § 199-6, if applicable, and file with the Police Department a sworn written application, in duplicate, on forms to be furnished by the Police Department which shall give the following information:
A. 
Name and address of the applicant. If applicant is an individual employed by another, the name, address and phone number of applicant's employer; if applicant's employer is a corporation, the name and address of its registered agent shall also be provided. The application shall be accompanied by a letter or other written statement from the individual, firm or corporation employing the applicant certifying that the applicant is authorized to act as a representative of the individual, firm, or corporation.
B. 
Name and description of each proposed peddler, solicitor, or canvasser, including date of birth, sex, and physical description, including height, weight, hair color and eye color.
C. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold or distributed, if applicable.
D. 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
E. 
The length of time for which the license is required, not to exceed 120 days.
F. 
If a vehicle is to be used, a description of such vehicle, including the make, model, year and license plate number and a photocopy of a valid registration for each such vehicle. Also provide a photocopy of a valid driver's license for each proposed driver.
G. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
H. 
Two recent color passport-quality photographs of each proposed mobile vendor or solicitor, each photograph to be two inches by two inches in size.
I. 
Each applicant shall agree to be fingerprinted for the purpose of verifying that he/she has no criminal record. The fingerprint impressions will be taken by an approved fingerprint vendor.
An applicant shall pay the nonrefundable application fee in an amount to be established by duly adopted resolution of the Borough Council.
A. 
Each application shall be referred to the Chief of Police, or his/her designee, who shall cause an investigation to be made of the applicant's character, business responsibility and ability to properly conduct the licensed activity as deemed necessary by the Police Department for the protection of the public. The Chief of Police, or his/her designee, shall conduct a criminal history background check through an approved fingerprint vendor for each applicant prior to issuance of license. All fees required by the fingerprint vendor will be paid by the applicant.
B. 
The criminal background check will be valid for 120 days. The Chief of Police, or his/her designee, may accept a criminal history background check conducted in connection with a permit application made to another municipality in the State of New Jersey within the last 120 days.
C. 
An applicant shall be denied a license if the criminal history check reveals that he/she has been convicted of any crime in the State of New Jersey or convicted in any state, territory, commonwealth or other jurisdiction of what would constitute a crime under the laws of the State of New Jersey.
D. 
An applicant may be denied a license if the criminal history check reveals that the applicant's character or business responsibility is unsatisfactory or if he/she has been convicted of any disorderly persons or petty disorderly persons offenses. Any such determination by the Chief of Police, or his/her designee, that an application is unsatisfactory shall be based upon one or more of the following findings with respect to the applicant:
(1) 
Conviction of an offense relating adversely to the occupation of peddling, solicitation or canvassing, which shall be determined in accordance with the provisions of N.J.S.A. 2A:168A-2 and set forth in a written explanation provided to the applicant based upon consideration of the following factors or any other factors:
(a) 
The nature and duties of the business for which a license is sought;
(b) 
The nature and seriousness of the offense;
(c) 
Circumstances under which the offense occurred;
(d) 
The date of the offense;
(e) 
The age of the person when the offense was committed;
(f) 
Whether the offense was an isolated or repeated incident;
(g) 
Social conditions which may have contributed to the offense; and
(h) 
Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision.
(2) 
Prior violation of a peddling or soliciting ordinance.
(3) 
Previous fraudulent acts or conduct.
(4) 
Record of breaches of soliciting contracts.
(5) 
Complaints made to the New Jersey Division of Consumer Affairs.
(6) 
Misrepresentation or false statement contained in the application for the license.
E. 
If an applicant is denied a license in accordance with Subsection C or D herein, the Chief of Police, or his/her designee, shall deny the application and notify the applicant that his/her application is disapproved.
F. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police, or his/her designee, shall endorse his/her approval on the application and issue a license to the applicant. The Chief of Police, or his/her designee, shall keep a record of all licenses issued and all complaints received, if any, concerning each license.
G. 
Any license issued pursuant to this chapter shall contain the signature of the issuing officer and shall show:
(1) 
The name, address and passport-quality color photo of the licensee.
(2) 
The kind of merchandise or services to be sold or distributed thereunder, if applicable.
(3) 
The date of issue.
(4) 
The length of time the license shall be operative, not to exceed 120 days.
(5) 
The license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
H. 
A license issued pursuant to this chapter shall be carried by the licensee at all times while engaged in the activity for which the license was issued and shall be displayed at all times when engaged in the activities herein.
I. 
The Chief of Police, or his/her designee, shall ordinarily act on all applications within 48 hours after submission of a complete application. Saturdays, Sundays and holidays shall be excluded from such computation.
[Amended 5-8-2023 by Ord. No. 23-02]
All activities regulated by this chapter shall be permitted between the hours of 9:00 a.m. and 7:00 p.m. only between April 1 and September 30. From October 1 through March 31 of the following year, all activities regulated by this chapter shall be permitted between the hours of 9:00 a.m. and 5:00 p.m. only, except for activities authorized by § 199-4A and B, which may continue until 6:00 p.m. The foregoing time limitations apply irrespective of whether a peddler, solicitor or canvasser possesses a license that may be required by this chapter.
The licensee shall notify the Police Department prior to commencing any peddling, solicitation or canvassing. Such notification shall include a statement of the general area of the Borough in which the licensee intends to conduct said activity and a schedule of dates and times when said activity shall be conducted. The licensee shall notify the Police Department of any change in the area or time of peddling, solicitation or canvassing activity.
No license shall be transferable. In the case of a firm or corporation, each person representing such firm or corporation shall be issued a separate license.
A. 
Licenses issued under this chapter may be revoked by the Chief of Police, or his/her designee, upon written notice to the licensee for any of the following causes:
(1) 
Fraud or misrepresentation in any application for a license.
(2) 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
(3) 
Violation of any of the provisions contained in this chapter.
(4) 
Conviction of any crime or offense relating adversely to the activity of peddling, soliciting or canvassing as determined according to the procedure and based upon the considerations set forth in § 199-7 of this chapter.
(5) 
Conducting the business of licensed activity, whether by licensee himself or his agents or employees, in any unlawful manner or in any manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
Any person aggrieved by the action of the Chief of Police, or his/her designee, in the denial of an application for license in accordance with this chapter, or in the decision with reference to the revocation of a license as provided in § 199-11 of this chapter, shall have the right of appeal to the Borough Administrator or his/her designee. Such appeal shall be taken by filing with the Borough Clerk, within 10 days of the action complained of, a written statement setting forth fully the grounds for the appeal. The Borough Administrator, or his/her designee, may decide the matter on the papers or schedule a time and place for a hearing on such appeal. Notice of any such hearing shall be served upon the licensee or mailed, postage prepaid, to the licensee at the address given by the licensee in making application for license in accordance with this chapter, at least five days prior to the date set for said hearing. The decision and order of the Borough Administrator, or his/her designee, on such appeal shall be final and conclusive.
A. 
The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that peddlers, solicitors and canvassers are not permitted on the premises (hereinafter referred to as the "Do-Not-Knock Registry"). Notification shall be by completion of a form available on the Borough website or at the Borough Clerk's office during normal business hours. The list shall be updated by the Borough Clerk annually.
B. 
Any owner and/or occupant who has requested enlistment on the Do-Not-Knock Registry, pursuant to Subsection A above, shall be able to purchase from the Clerk's office, for a nominal fee, a sticker for display at his/her or its premises indicating enlistment on the Do-Not-Knock Registry.
C. 
The Borough Clerk shall submit the Do-Not-Knock Registry to the Chief of Police annually to be distributed to applicants for a license pursuant to this Chapter.
D. 
The licensee shall not peddle, canvass, or solicit at any premises identified on the then current Do-Not-Knock Registry.
E. 
Any person who violates the provisions of this § 199-13 shall:
(1) 
Be subject to the fines as provided in this chapter.
(2) 
Be subject to a revocation of any license issued pursuant to this chapter; and/or
(3) 
Be ineligible to receive a new license pursuant to this chapter for a one-year period.
Except as otherwise provided herein, any falsification of information contained in the application or any failure to comply with any provisions of this chapter shall, upon conviction be punishable as provided in Chapter 1, § 1-14. 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.
A. 
No person shall place, use or employ a donation clothing bin for solicitation purposes within the Borough of Chatham unless all of the following requirements are met:
(1) 
The person shall apply for and obtain a permit from the Construction Code Official. The application for the permit shall include, along with the required fee set forth in this section:
(a) 
The location where the bin would be situated, as precisely as possible;
(b) 
The manner in which the person, entity, or organization anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed and the method by which the proceeds collected would be allocated or spent;
(c) 
The name and telephone number of the bona fide office of any entity which may share or profit from any clothing or other donations collected via the bin; and
(d) 
Written consent of the property owner to place the bin on his property.
(2) 
The owner/applicant shall be recognized as a charitable nonprofit 501(c)(3) corporation, organization, or an officer of such corporation or organization on whose behalf the application is being made. Such applicant shall submit the required sufficient documentation demonstrating the formal creation and recognition by the Internal Revenue Service of the establishment and present status of the charitable corporation or organization.
(3) 
All persons who have obtained a permit pursuant to Subsection A(1) above and wish to renew said permit shall submit, along with the required fee set forth in this ordinance, an application for renewal prior to the expiration of the permit, which such renewal application shall include the following information:
(a) 
The location where the bin is currently situated, as precisely as possible, and, if the person intends to move it, the new location where the bin would be situated and a written consent of the property owner to place the bin on his property;
(b) 
The manner in which the person has used, sold, or dispersed any clothing or other donations collected via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates it may make in these processes during the period covered by the renewal; and
(c) 
The name and telephone number of the bona fide office of any entity which shared or profited from any clothing or other donations collected via the bin, and of any entities which may do so during the period covered by the renewal.
B. 
Safety and maintenance requirements.
(1) 
Notwithstanding the provisions of Subsection A above, no donation clothing bin shall be placed, used or employed in a location that is considered by the Construction Code Official to cause a safety hazard. Placement that will be considered to pose a safety hazard includes, but is not limited to, placement within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases. Placement of a donation clothing bin shall also be undertaken in a manner so as to reasonably consider and account for the personal safety of the persons using the clothing bins for the placement of clothing and/or unloading of donation clothing bins.
(2) 
Notwithstanding the provisions of Subsection A above, no donation clothing bin shall be placed, used or employed pursuant to this chapter unless such donation clothing bin is free of rust, peeling, or other deleterious effects and subject to the Borough Property Maintenance Code and its violation provisions.
(3) 
Notwithstanding the provisions of Subsection A above, no donation clothing bin shall be placed, used or employed pursuant to this chapter unless appropriate maintenance obligations are met, which include, but are not limited to, keeping the donation clothing bin and surrounding placement area free of debris and other materials, and the required emptying of donation clothing bins of donations and contents on a periodic regular basis.
C. 
Permit fee and duration.
(1) 
The application fee, which must be submitted with the application under Subsection A(1) above, shall be $25.
(2) 
The fee for a renewal of the permit, which must be submitted with the application under Subsection A(2) above, shall be $25.
(3) 
All permits and renewals obtained shall be in effect for one year and shall expire on December 31 of the year of the permit and renewals.
D. 
The person, and any other entity which may share or profit from any clothing or other donations collected via the bin, must maintain a bona fide office where a representative of the person or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person or other entity. For the purposes of this ordinance, an answering machine or service unrelated to the person does not constitute a bona fide office.
E. 
Notices required. The following information shall be clearly and conspicuously displayed on the exterior of the donation clothing bin:
(1) 
The permit number and the date of expiration of that permit;
(2) 
The name and address of the registered person who owns the bin, and any other entity which may share or profit from any clothing or donations collected from the bin;
(3) 
The telephone number of the person's bona fide office and the telephone number of the bona fide office of any entity which may share or profit from any clothing or donations collected via the bin;
(4) 
In cases where an entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, the notice shall also state that clothing or other donations collected via the bin, their proceeds, or both, may be shared, or given directly to, an entity other than the person who owns the bin, which such entity shall be identified; and
(5) 
A statement indicating the manner in which the person, entity, or organization anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.
F. 
Complaints and investigation.
(1) 
The Construction Code Official, upon receipt of any complaint concerning a donation clothing bin, shall request that the Police Department perform an investigation within 30 days of the receipt of the complaint.
(2) 
Any person who places a clothing bin in violation of this ordinance or N.J.S.A. 40:48-2.61 shall be given a warning stating that if the violation is not rectified or a hearing with the Construction Code Official is not requested within 45 days, then the bin will be seized and removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin shall be sold at public auction or otherwise disposed of. This notice shall be placed on the donation clothing bin and forwarded to the last known address of the person who placed the bin at the location according to the Borough's records.
(3) 
If the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, then the Borough shall remove the bin or have it removed at the expense of the person who placed the bin and sell at public auction or otherwise dispose of the clothing or donations. All proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the Borough.
G. 
Additional fines and penalties. In addition to the remedies set forth in Subsection E above, any person who violates this ordinance or N.J.S.A. 40:48-2.60 et seq. and as amended and/or supplemented, which results in the seizure of the donation clothing bin, shall be subject to the following:
(1) 
A penalty up to $20,000 for each violation. The Borough shall bring this action in Municipal Court or Superior Court in a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). Penalty monies collected shall be paid to the Chief Financial Officer of the Borough.
(2) 
Deemed ineligible to place, use or employ a donation clothing bin for solicitation purposes. A person who is deemed ineligible may apply to the Construction Code Official to have that person's eligibility restored. The Construction Code Official may restore the eligibility of a person who:
(a) 
Acted within the public interest; and
(b) 
Demonstrated that he has made a good faith effort to comply with the provisions of N.J.S.A. 40:48-2.60 et seq. and this ordinance and had no fraudulent intentions.