[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.
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).
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.
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.
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 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.
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[1]; to protect traffic and pedestrian safety; and to generally
provide for the safety of the residents of the Township of Hamilton.
A.
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.
B.
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.
A.
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.
B.
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:
A.
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.
B.
Any public utility or its employees, where said public
utility is subject to regulation by the New Jersey Board of Public
Utilities Commission.
C.
Any individual under 19 years of age.
D.
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.
E.
Any person conducting a sale pursuant to statute or
court order.
F.
Any person delivering or soliciting newspapers.
A.
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.
B.
Duty of canvassers and trade solicitors.
(1)
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.
(2)
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.
C.
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.
A.
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.
B.
The following exceptions shall apply to transient
merchant businesses:
(1)
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.
(2)
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.
(4)
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.
C.
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[2] and the Township of Hamilton Land Use and Development Ordinance, specifically § 203-2.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
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.
(1)
Every permit shall specify:
(2)
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.
(3)
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,[1] no such license or permit shall be issued if delinquent
property taxes or assessments are outstanding upon such premises.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
A.
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:
(1)
Any fraud, misrepresentation or false statements contained
in the application for license.
(2)
Any fraud, misrepresentation or false statements made
in connection with the selling of goods, wares or merchandise.
(3)
Any violation of this article.
(4)
Conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude.
(5)
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.
B.
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.
A.
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:
B.
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.
C.
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[1]]
[1]
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]
A.
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.
B.
Application process.
(1)
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.
(2)
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)
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.
(b)
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.
(3)
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.
(4)
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.
(5)
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:
(a)
Where circumstances suggests that traffic would be unreasonably
impeded, interrupted or delayed;
(b)
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;
(c)
Solicitation would interfere with construction activity; or
(d)
Denial of the solicitation permit is necessary to protect public
safety.
(6)
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.
C.
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]
(1)
Solicitation activities shall be undertaken by persons age 18 or
older.
(2)
Solicitation shall take place only during daylight hours, and participants
must wear reflective safety vests in accordance with New Jersey Department
of Transportation standards.
(3)
Solicitors shall not drink alcoholic beverages, use drugs or be under
the influence of drugs or alcohol when engaged in solicitation activities.
(4)
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.
(5)
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.
(6)
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.
(7)
Permitted locations.
[Amended 12-16-2019 by Ord. No. 1913-2019]
(a)
Solicitation within the Township shall only be permitted in
the following locations within the Township:
[1]
The intersection of Route 40 and 50 and Mill Street.
[2]
The intersection of Route 40 and Cantillon Boulevard.
[3]
The intersection of Estelle Avenue and Landis Avenue.
[4]
The intersection of Weymouth Road and Route 322 (Black Horse
Pike). Organizations can solicit donations only on Weymouth Road.
[5]
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.
D.
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.
E.
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.
F.
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.
G.
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.
I.
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.
