[HISTORY: Adopted by the Township Committee of the Township of Hamilton as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-1995 by Ord. No. 1228-95]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this article:
- Includes businesses, trades, callings, vocations, operations of any kind, other than those specifically excluded from regulations by state statute or case law of the State of New Jersey or other specific municipal ordinance or license requirements, including but not limited to liquor licenses, mining/excavations/resource extraction; taxi licenses, etc.
- The practice of going from house to house or business to business for the purpose of distribution of literature, pamphlets, handbills and the like for the purpose of distributing information or seeking support for a cause, specifically including but not limited to political campaigning, circulation of a petition or the seeking of contributions for a cause.
- FLEA MARKET/CRAFT OR HOME SHOW/EXPOSITION
- Any event sponsored or promoted by any person as defined herein, where one or more vendors pay a fee to the owner/operator/promoter of said event for the use of space for the purpose of selling, displaying or promoting the sale of any goods, materials, merchandise or services by and for the profit of said vendor(s).
- MOBILE RETAIL FOOD ESTABLISHMENT
- Any movable truck, van, trailer, bicycle or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
- NONPROFIT VENDOR
- An organization, person or entity possessing a tax exempt status which shall be evidenced by furnishing to the Township of Hamilton a tax exempt number provided by the State of New Jersey and/or the Government of the United States.
- A person, commonly referred to as a "peddler" or "hawker" or "itinerant merchant," who goes from place to place or house to house by traveling on the streets and carries with said person goods, wares, merchandise or other things of value for the purpose of selling and delivering them to consumers.
- Includes individuals, firms, partnerships, corporations or any combination thereof.
- A person who goes from house to house selling or buying goods, wares, merchandise or other things of value by sample or by taking orders for future delivery or selling a service with or without acceptance of an advance payment for the goods, wares, merchandise, other things of value or service.
- TRADE SOLICITATION
- The practice of going from house to house for the purpose of seeking orders, subscriptions or the purchase of any goods, wares or merchandise, including but not limited to direct sales and taking orders for future deliveries. For the purpose of this article, a trade solicitor shall also be deemed to be one who makes surveys for research purposes, analysis, opinion polls, rating data and any such similar work by which of its nature involves a door-to-door or place-to-place activity. Unless otherwise distinguished herein, the term "trade solicitation" or "trade solicitor" shall also include and encompass the terms "peddler" and/or "solicitor."
- A. A person who, whether a resident of the township or not, engages in a temporary business within the township of selling and delivering goods, wares, merchandise or services within the township and who in furtherance of such purpose hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad, boxcar or boat, public room in hotels, lodging houses, apartments or shops, parking lot, sidewalk, street alley or other place within the township for the exhibition and sale of such goods, wares or merchandise, either privately or at public auction.
- B. Unless otherwise distinguished herein, the term "transient merchant" shall also include and encompass the terms "roadside vendors," "peddlers," "hawkers" and "auctioneers," as well as operators of circuses, tent shows and carnivals; flea markets; craft/home shows and expositions.
The purpose of this article is to prevent dishonest business practices; to provide for traffic and pedestrian safety by regulating the use of the streets and property adjacent thereto by itinerant or transient merchants; to prevent extended parking or trespassing on private or public property to prevent violations of the township's Zoning Ordinance; to protect traffic and pedestrian safety; and to generally provide for the safety of the residents of the Township of Hamilton.
No person may engage in trade solicitation in the Township of Hamilton without first presenting to the Township Clerk of the Township of Hamilton an invitation from the respective householders to be solicited.
Local educational and charitable organizations may engage in trade solicitation in the Township of Hamilton, provided that they obtain a permit therefor from the Township Clerk of the Township of Hamilton.
No person shall engage in canvassing in the Township of Hamilton without obtaining a permit therefor from the Township Clerk of the Township of Hamilton.
Permits shall not be transferable and must be surrendered after expiration. Permits shall be valid for a period of 90 days from the date of issuance.
The following persons shall not be subject to the requirements of §§ 137-3 and 137-4 of this article:
Any veteran of the United States Armed Forces who has obtained a license from the Clerk of Atlantic County pursuant to N.J.S.A. 45:24-9 et seq.; provided, however, that such person shall obtain an identification card from the Township Clerk of the Township of Hamilton, which card shall be provided without charge.
Any public utility or its employees, where said public utility is subject to regulation by the New Jersey Board of Public Utilities Commission.
Any individual under 19 years of age.
Anyone canvassing for or against any political candidate or any political question, where such canvassing takes place not more than 60 days prior to a municipal, county, state or federal election.
Any person conducting a sale pursuant to statute or court order.
Any person delivering or soliciting newspapers.
No canvasser or trade solicitor shall enter into any property on which is located a sign or signs stating "No Solicitors" or carrying a similar message forbidding the entry of any persons onto the property. Such sign so exhibited shall constitute sufficient notice to any trade solicitor or canvasser of the determination by the occupant of the residence of the information contained thereon.
Duty of canvassers and trade solicitors.
It shall be the duty of every canvasser or trade solicitor, upon going onto any premises in the Township of Hamilton on which a residence is located, to examine and look for the notice provided for in Subsection A of this section, if any is posted, and be governed by the statement contained on the notice.
Any trade solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
Uninvited soliciting prohibited. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring a doorbell upon or near any or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in canvassing or trade solicitation as herein defined in defiance of the notice exhibited at the residence in accordance with the provision of Subsection A of this section.
Every trade solicitor or canvasser shall restrict his or her door-to-door activities to the hours between 10:00 a.m. and dusk, on Mondays through Saturdays. No such activities shall be permitted on Sundays or state or national holidays.
A transient merchant shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as part of or in the name of any local dealer, trader, merchant or auctioneer.
It shall be unlawful for any transient merchant to sell, buy, dispose of or offer to sell or dispose of any goods, wares, merchandise or other things of value or services or to solicit contributions, gifts, pledges or subscriptions for money or goods in or on any portion of a public right-of-way or on private property, unless said business has received Planning Board approval for the use respecting the specific location.
The following exceptions shall apply to transient merchant businesses:
Transient merchants leasing space within an existing, conforming commercial structure, provided that the space was designated for the intended use and had received the necessary development approvals prior to transient merchant use or occupancy. Such use shall be temporary in nature, not to exceed a maximum of 14 consecutive days.
Transient merchants leasing a portion of a developed commercial site outside of a building, provided that the use is permitted and the area where the business is located has been designated for such activity pursuant to the appropriate site plan approval process. Such use shall be temporary in nature, not to exceed a maximum of 14 consecutive days.
Transient merchant uses by veterans permitted pursuant to N.J.S.A. 45:24-9 et seq. shall be permitted in commercial zones as established by the Township of Hamilton Land Use and Development Ordinance, and the actual location of such vending must be 75 feet from any intersection. The display of all goods and/or wares is limited to the vehicle utilized to transport said goods/wares and shall not be displayed on the ground or attached in any other way to any item other than said vehicle.
Transient merchant activity shall not negatively interfere with the safe operation of any existing businesses, and such activity shall not hinder or interfere with approved ingress and egress; sufficient parking; and pedestrian passageways. The Township Committee reserves the right to refer any applicant to the Township of Hamilton Planning Board for site plan approval in the event that the Township Committee, in its discretion, determines that the same is necessary in order to properly fulfill the intent and purpose of the New Jersey Municipal Land Use Law and the Township of Hamilton Land Use and Development Ordinance, specifically § 203-2.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Application for a permit, for any business requiring such permit under this article, shall be made to the Township Clerk of the Township of Hamilton.
Every permit shall specify:
In the event that the applicant is not the owner of said property, the applicant must provide a written form granting permission from the owner of record or his or her lawful designee. If the applicant is a corporation, the applicant shall submit a copy of its certificate of incorporation, the names and addresses of each person owning 10% or more of the shares of stock issued by said corporation, specifying the office held by each person, together with the name and address of the registered agent for said corporation. In the event that the applicant is a partnership, the applicant shall supply the township with the name and address of each partner, general or limited, and the percentage of interest in said partnership held by each.
Each application for a permit shall be accompanied by a certification that property taxes are current with respect to the property on which the business operation is to occur. In accordance with Ordinance No. 1185-94, no such license or permit shall be issued if delinquent property taxes or assessments are outstanding upon such premises.
Each application shall further contain a telephone number at the location of the business or, if no telephone is located at the business, the telephone number where an authorized principal of the business may be contacted. Additionally, two emergency phone numbers shall be furnished.
Each applicant shall furnish its New Jersey Sales Tax identification number. In addition, each corporation shall furnish a federal identification number; each partnership shall furnish the social security numbers and/or federal identification numbers of the partners, as applicable, holding a ten-percent or greater interest; each sole proprietorship shall furnish the social security number of the proprietor.
The township shall not issue or authorize the issuance of a license to any vendor of tangible personal property, other than property exempted from sales and use taxation pursuant to state statute, having no fixed place of business within the municipality without the submission of a copy of a valid certificate of authority issued to the vendor empowering said vendor to collect sales tax. The provisions set forth herein are set forth in accordance with N.J.S.A. 54:32B-15 et seq.
Each applicant shall indicate whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance; the nature of such offense; and the punishment assessed therefor. Said application shall also contain reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the Chief of Police may deem proper to fulfill the purpose of this article and in the protection of the public good.
The sale of drug paraphernalia, fireworks, illegal knives, weapons or devices shall be prohibited. The sale of adult items is strongly discouraged; however, if sold, they shall not be openly displayed and shall be completely covered and out of the reach of the general public. The sale of patent infringement items is also prohibited by this article.
Upon receipt of the complete application by the Township Clerk or his or her designees, the same shall be promptly reviewed. If it is determined that the applicant's character and business responsibility are found to be satisfactory and the business operation does not create a safety hazard and that the activity complies with all applicable statutes, regulations or ordinances, the Township Clerk shall so certify and shall then issue a permit.
In the event that the aforementioned requirements are not met, the permit shall be denied, and, in the event of such denial, the Township Committee may, upon written request of the applicant, establish a hearing date, which date shall not be more than 45 days from the date of receipt of said denial from the Township Clerk or designee. The applicant shall receive at least seven days' notice of the scheduled hearing date and be permitted to present evidence on behalf of said application. If the Township Committee determines that the permit should not be issued, it shall specifically set forth reasons for such denial, a copy of which shall be mailed to the applicant and/or applicant's duly authorized representative.
The permits issued pursuant to this article may be revoked by the Township Clerk or the Clerk's designee for any of the following causes:
Any fraud, misrepresentation or false statements contained in the application for license.
Any fraud, misrepresentation or false statements made in connection with the selling of goods, wares or merchandise.
Any violation of this article.
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
Conducting the business licensed under this article in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
An appeal from any such revocation may be made to the Township Committee within 10 days of the date of the revocation; it shall forthwith schedule a hearing on the appeal. The Township Committee shall hear such appeal and render its decision within 45 days from the date of the hearing.
The nonrefundable permit fees to be paid at the time of the application and annually thereafter, as above provided, to the Township of Hamilton for conducting the following businesses shall be as follows:
Circus, tent shows and carnivals: $100.
Peddlers, hawkers, canvassers, trade solicitors, etc: $25.
All others: $10.
No pro rata fees shall be permitted, and the establishment of these fees is to help defray the township's administrative costs for the enforcement and implementation of this article.
All not-for-profit organizations and/or associations must apply for a business registration license and submit with said application proof of the not-for-profit status. After receipt of the appropriate proofs, the Township Committee may waive any and all fees relevant to this article.
Those businesses which are otherwise licensed pursuant to other ordinances of the Township of Hamilton may be required to file an application hereunder to the extent that another regulatory or licensing application does not contain the requisite information required hereunder. However, in the event that such application is required hereunder, no additional license fee pursuant to this article shall be required of the applicant.
Any person violating any of the provisions of this article shall, upon the first conviction in the Municipal Court of the Township of Hamilton, be punished by a fine of not less than $50 nor more than $100; for a second offense within a twelve-month period, by a fine of not less than $300 nor more than $500; for a third or subsequent offense within a twelve-month period, by a fine of not less than $500 nor more than $1,000 or imprisonment for a term not exceeding 90 days in the county jail. For the purpose of this article, the twelve-month period shall be based upon the date of issuance of the first and any subsequent complaints.
[Adopted 3-17-2003 by Ord. No. 1453-2003]
Editor's Note: This ordinance also repealed former Art. II, Charitable Organizations, adopted 9-15-1997 by Ord. No. 1284-97.
The Township of Hamilton shall permit charitable organizations as defined in Section III of P.L. 1994, c. 16 (N.J.S.A. 45:17A-20), to solicit contributions in the roadways and highways of the Township of Hamilton in accordance with the provisions contained herein.
[Amended 12-16-2019 by Ord. No. 1913-2019]
All charitable organizations herein who wish to solicit contributions in the roadways and highways of the Township of Hamilton shall file a request with the Township Clerk.
[Amended 12-16-2019 by Ord. No. 1913-2019]
Said request shall be reviewed by the Chief of Police of the Township of Hamilton, and said Chief of Police shall make a recommendation to the Mayor and Township Committee of the Township of Hamilton. Charitable organizations must provide temporary signage, warning motorists coming from all directions of the presence of a coin drop and the name of the organization conducting same. Said organization shall submit the proposed temporary signage to the Chief of Police of the Township of Hamilton for his review, and his approval shall be a mandatory condition to the granting of any permit hereunder.
[Amended 12-16-2019 by Ord. No. 1913-2019]
No coin drops by any organization will be permitted on Route 322 (a/k/a 322/40 and generally referred to as the Black Horse Pike) in its entirety.
The Mayor and Township Committee of the Township of Hamilton shall be permitted to establish a policy in order to monitor multiple requests from charitable organizations with regard to dates and times of proposed solicitations in order to fairly provide all charitable organizations the opportunity to participate in solicitation.
In no event shall any charitable organization requesting authorization from the Township of Hamilton for said charitable solicitation use any individual under the age of 18 years to perform any function or task associated with the said charitable solicitation in any roadway.
Any charitable organization requesting authorization from the Township of Hamilton for said charitable solicitation shall comply with all of the terms and conditions of N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82, approved April 30, 1997.
This article is adopted pursuant to N.J.S.A. 39:4-60, as amended by P.L. 1997 Chapter 82, approved April 1997.
[Added 3-5-2012 by Ord. No. 1716-2012]
Charitable solicitations on designated roadways and intersections within the Township shall be limited to charitable organizations defined under the provisions of N.J.S.A. 45:17A-20.
In order for a charitable organization, as defined above, to be considered for approval of permission to conduct solicitation activities, the organization must first secure the concurrence of the Township. Municipal approval shall be pursuant to authorization by this section enacted pursuant to N.J.S.A. 39:4-60, and it shall be the responsibility of the charitable organization, at least 30 days prior to the scheduled solicitation event, to submit to the Township Clerk a completed, signed and dated application form as developed by the Township for the solicitation event.
The completed, signed and dated application form with satisfactory responses to all information and documentation requests shall be accompanied with the following additional documents:
A current certificate of insurance from a reputable insurance company authorized to transact business in the State of New Jersey, naming the Township and the Committee as additional insureds for liability purposes in an amount not less than $1,000,000.
A signed and notarized indemnification and hold-harmless agreement in the form to be developed by the Township, setting forth the organization's obligation to indemnify, defend and hold harmless the Township and the Committee, and their agents, servants and employees, as referenced in Subsection D below.
Failure of the organization to timely submit to the Committee, at least 30 days prior to the scheduled solicitation event, the completed, signed and dated application, with satisfactory responses to all information and documentation requests in it, and the certificate of insurance and the indemnification and hold-harmless agreement referenced above shall subject the application to rejection.
The application may also be rejected if the scheduled event does not meet the safety criteria set forth in Chapter 43 of the Atlantic County Code, N.J.S.A. 39:4-60 and/or the regulations promulgated pursuant to the Administrative Procedure Act by the Department of Transportation in consultation with the Division of Highway Traffic Safety.
Additionally, the Committee may consider the reasons below for not bringing a resolution of approval to action or for an adverse vote on such a resolution:
Where circumstances suggests that traffic would be unreasonably impeded, interrupted or delayed;
When the turning movements, traffic densities and/or speeds of the particular highway or intersection do not permit safe interaction between the solicitor and vehicular traffic;
Solicitation would interfere with construction activity; or
Denial of the solicitation permit is necessary to protect public safety.
Pursuant to N.J.S.A. 39:4-60, if a charitable organization seeks to solicit contributions, as permitted under this section, on a county or state roadway, the charitable organization must also obtain approval from the County Board of Chosen Freeholders in the case of a county roadway or the New Jersey Commissioner of Transportation in the case of a state roadway prior to the solicitation.
Each organization which satisfactorily meets the qualifications of Subsections A and B of this section shall be limited to six one-day solicitation events per year in the aggregate. Each organization approved by the Committee for a solicitation event shall additionally be required to comply with the following requirements.
[Amended 12-16-2019 by Ord. No. 1913-2019]
Solicitation activities shall be undertaken by persons age 18 or older.
Solicitation shall take place only during daylight hours, and participants must wear reflective safety vests in accordance with New Jersey Department of Transportation standards.
Solicitors shall not drink alcoholic beverages, use drugs or be under the influence of drugs or alcohol when engaged in solicitation activities.
Solicitation shall not stop or impede the flow of traffic. Traffic shall be stopped before solicitation may occur, and solicitation shall cease while traffic is moving. Soliciting organizations shall not use a flagman.
The soliciting organizations shall place two warning signs, the first of which shall indicate "charitable solicitation 500 feet ahead," and a second sign following which shall identify the organization conducting the solicitation. Signage shall comply with all requirements contained in N.J.A.C. 16:40-6.1.
Violations of any of these requirements and/or the safety requirements of Chapter 43 of the Atlantic County Code, N.J.S.A. 39:4-60 and/or the regulations of the Department of Transportation previously referenced may be grounds for immediate termination of the event by the Township.
[Amended 12-16-2019 by Ord. No. 1913-2019]
Solicitation within the Township shall only be permitted in the following locations within the Township:
The intersection of Route 40 and 50 and Mill Street.
The intersection of Route 40 and Cantillon Boulevard.
The intersection of Estelle Avenue and Landis Avenue.
The intersection of Weymouth Road and Route 322 (Black Horse Pike). Organizations can solicit donations only on Weymouth Road.
The intersection of Cologne Avenue and Route 322 (Black Horse Pike). Organizations can solicit donations on Cologne Avenue and/or jug handles connecting to the Cologne Avenue Intersection.
The Township and the Committee assume no responsibility for the sponsorship, direction or control of any fundraising event permitted under this section. The charitable organization conducting any event hereunder shall assume full and complete responsibility for the sponsorship and control of all aspects of the fundraising event, including the safety and welfare of its member participants as well as members of the public. The Township and the Committee shall retain all tort claim immunities pursuant to both the New Jersey Claims Act, N.J.S.A. 59:1-1 et seq., and common law. Any charitable organization, as previously defined, availing itself of the activities afforded under this section agrees to indemnify, defend and hold harmless the Township and the Committee, and their agents, servants, and employees, from any claims for death, personal injury, property damage or claims of any type that may arise as a result of activities and events conducted by the organization pursuant to this section.
Nothing contained herein shall circumscribe the State Department of Transportation's regulations promulgated pursuant to the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., to regulate or prohibit solicitation events on any state highway or any intersection encompassing a state highway.
The Committee may authorize approval for a solicitation event to those organizations that meet the requirements described herein by resolution, subject to the provisions of this section pursuant to N.J.S.A. 39:4-60 and the criteria and safety requirements described herein. The Committee shall not be required to list a resolution of approval for action, nor shall the Committee be precluded from denying approval by way of an adverse vote on such a resolution. In the event of a denial, a denial letter shall issue which sets forth the reasons for the denial. An applicant which has been denied a permit shall, if it desires, submit a written request for reconsideration within 30 days of denial of the permission, and the reconsideration request will be considered and/or acted upon by resolution using the same process and criteria set forth herein. After reconsideration, a rejection shall be considered to be final.
The Township reserves the right to suspend solicitation operations at any time if any condition of the permission is violated or if, in the judgment of the local police or in the judgment of the Atlantic County Director of Public Safety, traffic is being impeded or delayed or the public safety is at risk.
Any person engaged in solicitation activities found guilty of violating a provision of this section shall be liable for a fine not to exceed $100 for each day of such violation. Tickets may be written by local police under N.J.S.A. 39:4-60. Prosecution shall take place in the municipal court of the municipality where the solicitation fundraising event occurred.