Township of Livingston, NJ Article I Door-to-Door Solicitation

[Adopted 9-4-2018 by Ord. No. 12-2018[1]]

[1] Editor's Note: This ordinance also repealed former Article I, Peddlers, adopted 11-5-1979 as §§ 9-1 to 9-11 of the 1979 Revised General Ordinances, as amended.

§ 217-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

COMMERCIAL CANVASSER OR COMMERCIAL SOLICITOR

A person who, traveling by foot or motor vehicle, goes from place to place, from house to house or from street to street and who takes or attempts to take orders for the sale of goods, wares, merchandise, books, magazines, or other tangible personal property of any nature whatsoever for current or future delivery or for services to be furnished or performed in the future whether or not such individual has, carries or exposes for sale a sample of these subject of such sale or whether or not he is collecting advance payments on such sales or services.

DISTRIBUTOR

Each individual who personally hands out or goes from place to place or house to house to hand out any circulars, posters, pamphlets, samples of merchandise or any other matter, without the previous request of the recipient of such matter.

PEDDLER

A person, commonly and variously referred to as a "peddler" or "hawker" who goes from place to place by traveling on foot or by car on the streets or sidewalks or from house to house and carries with him goods, wares or merchandise for the purpose of selling and delivering them to customers.

SUNSET

The time designated as "sunset" by the national weather service for northern New Jersey.

§ 217-2 Permit required.

No person shall engage in the activity of distributor, peddler, commercial canvasser or commercial solicitor in the Township without having first obtained a permit as herein provided.

§ 217-3 Application information.

An application for a permit shall be made to the Township Clerk on the forms to be supplied by the Clerk stating:

A. Name, birthdate, social security number and driver's license of the applicant.

B. Permanent home address.

C. Name and address of firm represented.

D. Length of time for which permit is desired.

E. Description of any services for the goods or wares to be offered for sale or the project for which he or she is canvasing or soliciting.

F. License plate of vehicle to be used.

§ 217-4 Fee.

There shall be a fee of $50 per person for each permit. Registration and the payment of this fee shall be required on an annual basis and all registrations shall expire at the end of the calendar year.

§ 217-5 Background check.

Each applicant shall supply to the Clerk a letter from his or her employer indicating that they have successfully passed a background check and a statement from the employer that they will assume responsibility for the action of their employee.

§ 217-6 Attachment of photo to permit.

A copy of the permitees photograph shall be carried on his permit which permit and photograph shall upon request be shown to any member of the public or the Police Department.

§ 217-7 Conduct of permittee.

No permittee shall:

A. Perform any activity other than described in the application;

B. Delay his departure for any unreasonable length of time after the owner, tenant, resident or other person has signified his lack of intention to enter any conversation;

C. Annoy or harass any owner, tenant, resident or other persons by the use of indecent, offensive or insulting remarks, actions or gestures or approach any building or property except on the walks or paths leading to the front door of such buildings or property without crossing any lawns, shrubbery, flowers or private grounds;

D. Commence activity before 10:00 a.m., and shall end no later than one hour after sunset from October 1 through March 31 and at sunset the remainder of the year.

§ 217-8 Exemptions from permit.

A. This article shall not affect any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of a person ordering or entitled to receive the same.

B. This article shall apply only to commercial canvassers, solicitors and peddlers, noncommercial religious and/or political canvassers or solicitors protected by the First Amendment to the United State Constitution are not required to obtain a permit, provided that the noncommercial, religious and/or political canvassing or soliciting does not encompass the generally accepted definition of commercial activity.

C. The time restrictions set forth in § 217-7 shall apply only to commercial canvassers and solicitors, distributors and peddlers. The noncommercial, religious and/or political canvassers and solicitors protected by the First Amendment to the United States Constitution shall be permitted to perform those activities from 9:00 a.m. to 9:00 p.m. on weekends and weekdays.

§ 217-9 Revocation of suspension of permit.

Permits issued under this article may be revoked by the Township after notice and hearing for any of the following causes:

A. Fraud, misrepresentation or false statements in the application for the license.

B. Fraud, misrepresentation or false statements made in the course of carrying on the permitted activity in the Township.

C. Any violation of this article.

D. Conviction of any crime involving any ordinance concerning canvassing or soliciting.

E. Conducting the permitted activity in the Township in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

§ 217-10 Violations and penalties.

Any person, firm, corporation or representative thereof who violates any provision of this article shall upon conviction be punished by a fine not exceeding $500 or by imprisonment. Separate offense shall be deemed committed on each day during or on which a violation occurs or continues.