[HISTORY: Adopted by the Township Committee
of the Township of Independence 2-9-1987 by Ord. No. 87-2 (Ch.
125 of the 1984 Code). Amendments noted where applicable.]
This chapter is adopted to regulate the distribution
of certain materials and peddling, soliciting and related activities
within the Township of Independence. The licensing of persons engaged
in the above-mentioned activities is required so that the identity
of persons going door-to-door or otherwise distributing materials
or food and beverages within the Township may be established, so that
general regulations may be more effectively enforced for the protection
and maintenance of the health, safety and welfare of the inhabitants
of the Township and to prevent dishonest business practices and dishonest
solicitation of funds in the Township.
As used in this chapter, the following terms
shall have the meanings indicated:
Any benevolent, philanthropic, patriotic, not-for-profit
or eleemosynary group, association or charitable purposes. "Charitable
organizations" include and are not limited to the following organizations;
fire departments, first aid squads and religious organizations.
Any charitable, benevolent, philanthropic, patriotic or eleemosynary
purpose.
The promise or grant of any money or property of any kind
or value.
The category of peddler, hawker, vendor, solicitor or canvasser,
as set forth herein.
Includes all goods, wares, food, fruits, vegetables, farm
products, magazines, periodicals and all kinds of articles of personal
property for domestic use, including the distribution of product samples.
Orders or contracts for a service, home improvement or alteration
and market surveys shall be considered "merchandising" within the
terms of this chapter.
Any person who goes from house to house or from place to
place without appointment, traveling on the streets and roads, engaged
in the practice of merchandising of any nature whatsoever. The word
"peddler" shall include the words "hawker" and "huckster."
Includes the singular and plural and any person, firm or
corporation, association, club, partnership, society or any other
organization.
Any person who goes from house to house or from place to
place without appointment, traveling on the streets and roads, engaged
in the practice of merchandising of any nature whatsoever. The words
"solicitor" and "canvasser," however, shall not include wholesale
salesmen calling on retail merchants.
The Township of Independence.
It shall be unlawful for any peddler, solicitor, distributor, itinerant merchant, transient vendor, transient salesman, transient merchant, hawker or vendor to sell, offer for sale or distribute merchandise, printed material or services within the Township without first securing a license from the Clerk by filing an application for a license, paying a license fee and obtaining a license from said Clerk, in accordance with § 293-4.
At least 30 days prior to the date of period
for which an applicant seeks a license hereunder, all applicants shall
file with the Township Clerk a sworn written application, in duplicate,
on a form to be furnished by said Clerk, which shall give the following
information:
A.
The name and description of the applicant, including
date of birth, and driver's license number.
B.
The permanent home address and full local address,
if any, of the applicant.
C.
The name and address of the employer or firm representing,
together with credentials establishing the exact relationship.
D.
A brief statement of the nature of the business and
a description of the merchandise or service to be sold.
E.
The length of time for which the license is desired.
F.
The geographic area to be canvassed or solicited.
G.
If a vehicle is to be used, a description of such
vehicle and its license number.
H.
The place where the goods or property to be sold or
offered for sale are manufactured or produced, the place where such
goods or property are located at the time such application is filed
and the proposed method of delivery.
I.
A photograph of the applicant, recently taken, which
photograph shall clearly show the head and shoulders of the applicant
and shall measure two inches by two inches.
J.
Two business references located in the County of Warren,
State of New Jersey, or, in lieu thereof, such other available evidence
of the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
K.
A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
A.
This chapter shall not apply to:
(1)
Any veteran or exempt fireman who holds a special
state license.
(2)
Any person soliciting a vote or support for any political
candidate or program.
(3)
Any person soliciting for a bona fide charitable, religious, patriotic, community service or philanthropic purpose or organization. Any such organization exempt from the requirements of this chapter by this section shall nevertheless notify the Chief of Police prior to the commencement of its solicitation activities of the proposed time and place for conducting of such solicitation activities. Nothing herein, however, should be construed to alter the exempt status under this chapter of any such charitable organization as defined by § 293-2.
(4)
Any person engaged in delivering wares, goods and
merchandise or articles or things in the regular course of business
to the premises of the person ordering or entitled to receive the
same.
(5)
Wholesale salesmen calling on businesses.
(6)
Public utility or its employees, which said public
utility is subject to regulation by the State Board of Public Utility
Commissioners; provided, however, that said employees shall display
the identification badge or card issued by their employer.
(7)
Any person selling fruits or farm products grown by
himself with or without the help of others.
(8)
Approved raffles: the sale and distribution of raffle
tickets for raffles approved by the Township.
(9)
Other activities: bazaars, fairs and/or flea markets
which do not involve any selling or traveling from house to house
or place to place or traveling on the streets and roads in the practice
of merchandising.
The Township Clerk shall issue said license
or permit within a period of 10 days of the date of receiving the
application, provided that the application is complete and that there
is nothing in the application to indicate that the applicant's character
or business responsibility is other than satisfactory for carrying
on said business with the Township of Independence. In the event that
the application is rejected, the Township Clerk shall note such rejection
on the application and return it to the applicant, along with his
application fee.
The fees for licenses under this chapter shall
accompany the application and shall be as follows:
|
Type of License
|
Fee
|
|---|---|
|
Annual
|
$75
|
|
Monthly
|
$25
|
|
Weekly
|
$10
|
|
Daily
|
$5
|
No person duly licensed shall hawk, peddle or
solicit before 9:00 a.m. or after 7:00 p.m., prevailing time, nor
at any time on the day commonly called "Sunday."
No license issued under the provisions of this
chapter shall be used at any time by any person other than the one
to whom it was issued.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Township Committee after notice and hearing
for any of the following causes:
(1)
Fraud, misrepresentation or false statements contained
in the application for license.
(2)
Fraud, misrepresentation or false statements made
in the course of carrying on his business as peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace
or constitute a menace to the health, safety or general welfare of
the general public.
B.
Notice of the hearing of revocation of a license shall
be given in writing, setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for the hearing.
Any person aggrieved by the action of the Clerk
in the denial of an application for a license as provided in this
chapter shall have the right of appeal to the Township Committee within
25 days after notice of the action complained of has been mailed to
such person's last known address, by a written statement setting forth
fully the grounds for the appeal. The Township Committee shall set
the time and place for a hearing on such appeal, and notice of such
hearing shall be given to the appellant. The decision and order of
the Township Committee on such appeal shall be final and conclusive.
No licensee shall:
A.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Township and displayed
his license.
B.
Have exclusive right to any location in the public
streets or operate in any congested area in such a manner as to impede
the flow of traffic or of pedestrians or create a breach of the peace.
C.
Enter or attempt to enter the land of any resident
in the Township where such resident has posted a notice prohibiting
such entry.
D.
Refuse to leave any private dwelling or property after
having been once requested to do so by the owner or occupant thereof.
E.
Shout, cry out, blow a horn, ring a bell or use any
sound-making or amplifying device on any of the streets, parks or
public places of the Township or upon private premises where sound
of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon the private premises, for the purpose
of attracting attention to any merchandise or services, without first
obtaining written authorization for the same from the appropriate
Township official.
F.
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
G.
Litter the streets, public places or public or private
property within the Township with any merchandise or printed material.
Every license or permit shall remain in force
and be valid only for the time thereon expressed. All yearly licenses
shall run until December 31 of any given year. All monthly licenses
shall run from the first day of the month in which the license is
issued.
For violation of any provision of this chapter,
the penalty, upon conviction, shall be a minimum fine of $100 and
a maximum penalty of one or more of the following: a fine not exceeding
$2,000, imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days. Except as otherwise provided, each
and every day in which a violation of any provision of this chapter
exists shall constitute a separate violation.
The Township Clerk shall maintain a record of
all licenses issued under the provisions of this chapter and shall
record therein all convictions for violations of this chapter and
other pertinent circumstances and incidents reported by the Chief
of Police.
[Added 4-12-2022 by Ord. No. 2022-05]
The Township of Independence shall permit charitable organizations
as defined in N.J.S.A. 45:17A-20 to solicit contributions in roadways,
commonly referred to as "coin drops," situated in the Township in
accordance with the provisions contained herein.
All charitable organizations, as defined in N.J.S.A. 45:17A-20,
which desire to solicit such contributions in roadways located in
the Township, shall file an application for a permit with the Township
Clerk on a form supplied by the Township Clerk, specifying the following
information:
A.
Name of applicant organization.
B.
Address of applicant organization.
C.
Telephone number of applicant organization.
D.
Contact person for applicant organization.
E.
Specific location(s) of proposed charitable solicitation.
F.
Date(s) and time of operation of proposed charitable solicitation,
any potential rain or inclement weather substitution dates must also
be listed on all applications to the municipal, county, and state
government organizations.
G.
If the request involves a county roadway, the request shall include
a copy of the proposed authorization from the Warren County Board
of Commissioners to permit the charitable solicitation.
H.
If the request involves a state roadway and/or highway, the request
shall include a copy of the authorization from the Commissioner of
Transportation of the State of New Jersey to permit such charitable
solicitation or a copy of the appropriate application thereto.
I.
All proposed safety regulations, safety devices and training for
individuals who shall participate in the charitable solicitation and/or
a report as to the procedures to be used to ensure the safety of the
members of the public who will be traversing the roadways within the
Township.
J.
A certificate of insurance issued by an insurance company duly licensed
in the State of New Jersey. The certificate of insurance must provide
general liability insurance in an amount of not less than $1,000,000.
The Township shall be listed as an additional insured on the certificate
and an endorsement to the insurance policy.
K.
A signed, dated and notarized release and indemnification agreement,
signed by the organization sponsor or responsible party, legally binding
the organization participant, which shall release and agree to indemnify
and hold harmless the Township of Independence, County of Warren,
State of New Jersey, its agents, servants, employees and elected and
appointed officials from any and all liability of any kind from injury
or physical harm, including death, and damage to property occurring
from or alleged to arise out of the event. This application must be
submitted a minimum of 30 days prior to the planned event date for
the fundraiser.
A.
No permits will be granted by the Township for more than one event,
three consecutive days maximum, per calendar month, per location for
any organization.
B.
No approved coin-drop solicitation shall be permitted for longer
than three consecutive days.
C.
No permits shall be granted by the Township for more than a maximum
of two coin-drop solicitations per calendar month at a specific location.
The coin-drop events shall not be scheduled on back-to-back calendar
weeks. Permits may be granted on a first-come, first-serve basis.
D.
All approved coin-drop solicitations shall be conducted only during
daylight hours and shall commence no earlier than 9:00 a.m. and be
concluded no later than 6:00 p.m.
The following conditions shall be placed on all approvals for
coin drops:
A.
Solicitation shall only be permitted at controlled intersections
(i.e., those with a stop sign or traffic signal) during daylight hours.
B.
Solicitation may not substantially impede the flow of vehicular or
pedestrian traffic. However, traffic must be stopped for a sufficient
period of time to ensure the safety of persons soliciting in the roadway.
Flagmen are not permitted to be utilized to control or regulate traffic
movement.
C.
Signs and traffic control devices must be in accordance with the
latest edition of the Manual on Uniform Traffic Control Devices. Signs
advertising the solicitation may be placed approximately 500 feet
in advance. Signs must be temporary, breakaway, and a maximum of 16
square feet.
D.
Persons soliciting in the roadway, or within 15 feet of the roadway,
must wear properly sized, ANSI 107-2004 (or later) Class 2 or 3 high-visibility
apparel. Wearing non-ANSI-approved apparel will be reason for immediate
cessation of the event.
E.
Individuals under the age of 18 years may be present but must be
at a safe distance and location from the street. Decisions of the
NJ State Police will be final in determining such safe location.
F.
Solicitors may not harass the motorists or public.
G.
Solicitors shall not consume or be under the influence of alcohol
or drugs.
H.
The charitable organization will be responsible for cleaning any
debris, including any signage or advertisements associated with the
roadway solicitation, from the solicitation site within two hours
of the end of solicitation.
I.
In the event of severe weather, the charitable organization agrees
to immediately cease its roadway solicitation activities and shall
not resume such activities without first notifying the NJ State Police
and receiving permission to resume such activities from the NJ State
Police.
J.
In the event of a motor vehicle accident or injury to a person in
the vicinity of the roadway solicitation, the charitable organization
agrees to immediately cease its roadway solicitation activities and
shall not resume such activities without first notifying the Police
Department and receiving permission to resume such activities from
the Police Department.
No applicant or organization seeking permission for a coin drop
will use any individual under the age of 18 years to perform any function
or task associated with the said charitable solicitation in any roadway.
Upon filing of a complete application and completion of the
required review by the Township Clerk, the applicant shall present
the application to the Township Committee a minimum of 30 days prior
to the proposed coin drop for its review and consideration, after
which the Township Committee shall grant or deny the applicant's
request by resolution. In the event the applicant's request is
approved, the Township resolution shall be forwarded by the applicant
to the state and/or county, if necessary. In the event that the coin
drop is approved for a roadway which does not intersect or fall within
the jurisdiction of the county or state, the resolution shall serve
as the final approval for the coin drop. The applicant shall follow
and abide by all conditions imposed in the resolution adopted by the
Township Committee.
Any charitable organization requesting authorization from the
Township for a charitable solicitation shall comply with all the terms
and conditions of N.J.S.A. 39:4-60, as same may be amended and supplemented
and all other applicable state statutes.
Any charitable organization that is granted municipal, county,
or state approval for a coin drop, understands that at any point prior
to the event, during the event, or for future events; the Department
of Transportation, Warren County official, Independence Township Municipal
official, or any law enforcement officer can order the charitable
organization to cease operations based upon, but not limited to: roadway
issues, public safety concerns, weather conditions, or traffic conditions.
This cease order does not transfer any liability or exposure to expenses
to the official who is delaying or revoking the coin drop event.
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 the Independence Township Police Department under N.J.S.A. 39:4-60
et seq.
