Township of Mansfield, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted 5-10-1965 by Ord. No. 1965-2; amended in its entirety 9-12-2007 by Ord. No. 2007-24]
It is hereby determined declared and recited that the legitimate business or practice of soliciting and canvassing from door to door, regardless of purpose, affords an opportunity for the practice of fraud, deceit and dishonest dealing by the unscrupulous minority, with redress difficult because of lack of means of identifying the solicitor, and consequently, public safety and welfare required that those going from door to door for any purpose be required first to give such information as will identify themselves and prevent possible fraud.
When used in this article, the following terms shall have the following meanings:
CANVASSER or SOLICITOR
A person who goes from house to house or place to place selling goods, wares and merchandise by sample and taking orders for future delivery, with or without accepting an advance payment for the goods. The provisions of this article shall apply to the person who comes into personal contact with the buyer through the delivery of the goods or the acceptance of any money and payment thereof, but does not apply to any commercial courier or delivery services such as Federal Express, United Parcel Service, or DHL, etc. For the purpose of this article, a canvasser or solicitor shall also be deemed to be anyone who is not in the business of selling goods, but rather makes surveys, research, analysis, opinion polls or gathers rating data and any such similar work which by its nature involves a door-to-door or place-to-place activity.
COMMERCIAL SOLICITOR
Any person, whether as volunteer, owner, agent, consignee or employee, who engages in door-to-door commercial solicitation.
[Added 11-6-2013 by Ord. No. 2013-11]
DOOR-TO-DOOR COMMERCIAL SOLICITATION
Attempting to make personal contact with a resident at his or her residence, without prior specific invitation by or appointment with the resident, for the primary purpose of:
[Added 11-6-2013 by Ord. No. 2013-11]
A. 
Attempting to sell, for present or future delivery, any goods, wares or merchandise, other than newspaper or magazine subscriptions, or any services to be performed immediately or in the future, whether or not the person has, carries or exposes a sample of such goods, wares or merchandise, and whether or not he or she is collecting advance payments for such sales; or
B. 
Personally delivering to the resident a handbill or flyer advertising a commercial event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a future time.
DOOR-TO-DOOR NONCOMMERCIAL SOLICITATION
Attempting to make personal contact with a resident at his or her residence, without prior specific invitation by or appointment with the resident, for the primary purpose of:
[Added 11-6-2013 by Ord. No. 2013-11]
A. 
Seeking or asking for a gift or donation for a public entity or nonprofit organization exempt from federal income tax under 26 U.S.C. § 501(c)(3);
B. 
Soliciting the sale of goods, wares or merchandise for present or future delivery, or the sale of services to be performed immediately or in the future, with the entire proceeds of such sale to be paid directly to, or used exclusively for the benefit of, a public entity or nonprofit organization exempt from federal income tax under 26 U.S.C. § 501(c)(3);
C. 
Personally delivering to the resident a handbill or flyer advertising a future, not-for-profit event, activity, good or service;
D. 
Proselytizing on behalf of a religious organization;
E. 
Soliciting support for a political candidate or organization, or ballot measure or ideology; or
F. 
Soliciting the sale of newspaper or magazine subscriptions.
ITINERANT MERCHANT; TRANSIENT VENDOR
A peddler, hawker, solicitor, canvasser or junk dealer, as defined herein; also, anyone selling food and beverages from a truck, van or any other motor vehicle.
NO-KNOCK REGISTRY
A list of the addresses of Township residents who have requested that their residences be placed on a list maintained and published by the Township for the purpose of informing the general public and prospective solicitors that all door-to-door commercial solicitation at such addresses is prohibited.
[Added 11-6-2013 by Ord. No. 2013-11]
NONCOMMERCIAL SOLICITOR
Any person, whether as volunteer, owner, agent, consignee or employee, who engages in door-to-door noncommercial solicitation.
[Added 11-6-2013 by Ord. No. 2013-11]
NONPROFITMAKING CANVASSER
A person who goes from house to house or place to place who is not in the business of selling goods or soliciting funds or other things of value for which no merchandise, wares or direct services are given, but for the purposes of soliciting interest in a particular philanthropic, charitable or religious organization, a particular ideology, or a particular political candidate or viewpoint.
NONPROFITMAKING VENDOR
A person who sells goods, the proceeds of which are devoted exclusively to the purposes of philanthropic, political, charitable or religious organization on whose behalf he or she acts as agent, with or without pay, including those individuals or organizations soliciting funds or other things of value for which no merchandise, wares or direct services are given.
PEDDLER; HAWKER
Any person, whether a resident of the Township or not, who goes from house to house, from place to place or from street to street conveying or transporting goods, wares, merchandise or services and offering or exposing the same for sale or making sales and delivering articles or services to purchasers.
PERMIT HOLDER
Any person to whom a permit has been issued under the provisions of this chapter; this term also encompasses solicitors who are regulated by the State of New Jersey and are thus not required to obtain a Township permit.
[Added 11-6-2013 by Ord. No. 2013-11]
RESIDENCE
A private residence in the Township, including but not limited to single-family dwellings, multifamily dwellings, condominium units and apartments, including the yards, grounds or hallways thereof.
[Added 11-6-2013 by Ord. No. 2013-11]
[Amended 11-6-2013 by Ord. No. 2013-11]
A. 
No person or persons shall conduct any business or activity as a canvasser, solicitor, itinerant merchant, transient vendor, nonprofitmaking vendor, peddler, or hawker, or nonprofitmaking canvasser, within this Township without first registering and obtaining a license or permit as provided in this article.
B. 
All solicitation prohibited by posting of "No Solicitation" or "No Trespassing" sign.
(1) 
No solicitor, whether commercial or noncommercial, shall enter or remain upon any private premises in the Township if a "No Solicitation" or "No Trespassing" sign is posted at or near the entrance(s) to such premises. For the purposes of this provision, if an occupant of a multifamily dwelling, as defined in § 65-7 of the Land Use Code, wishes to prohibit door-to-door solicitation by the posting of a sign, the sign prohibiting solicitation must be posted at or near the entrance(s) to the occupant's individual dwelling.
(2) 
This provision shall apply to all solicitation, including, without limitation, all activities that are religious, charitable, or political in nature and all commercial solicitation.
C. 
No-Knock Registry for commercial solicitations.
(1) 
Any owner or lawful occupant of any residence within the Township who wishes to prohibit door-to-door commercial solicitation at his or her residence may register the address of such residence with the Township by completing a form prepared by the Township Clerk, which form may be submitted either in person or by mail. Such registration shall take effect 30 calendar days after the date of the Township's receipt of the registration form.
(2) 
The Township Clerk shall maintain and publish on the Township's website a No-Knock Registry consisting of all residential addresses that have been registered under Subsection C(1) above and that have not been deleted by the Township under Subsection C(4) below or by the owner or lawful occupant of the registered property. Each permit holder shall be responsible for obtaining and reviewing a copy of such list upon issuance of a permit under this chapter and at such intervals thereafter as may be reasonably necessary to ensure compliance with the requirements of Subsection C(3) below.
(3) 
As of the effective date of the registration of a residential address under Subsection C(1) above, all door-to-door commercial solicitation at such address shall be prohibited until such time, if at all, that the address has been deleted from the No-Knock Registry.
(4) 
Each residential address appearing on the Township's No-Knock Registry will remain on the list for two years from the date it was submitted to the Township, at which time it shall be deleted from the list unless a new form requesting no solicitation at such residence has been submitted by the owner or lawful occupant thereof. No less than 60 calendar days prior to the deletion of any address from the no-solicitation list, the Township Clerk shall provide written notice to the property owner or occupant who registered the address with the Township, which notice shall be sent to the registered address or to such other address as may have been provided to the Township at the time of registration.
(5) 
Prior to the expiration of the two-year period referenced in Subsection C(4) above, the owner or lawful occupant of any residence appearing on the No-Knock Registry may cause such residence to be removed from the list by submitting a written request for removal of the same to the Township Clerk.
(6) 
Neither the Township nor any of its officers, employees, agents or authorized volunteers shall be liable to any person for any injuries, damages or liabilities of any kind arising from or relating to any errors or omissions that may occur in compiling or maintaining the No-Knock Registry.
A. 
Each applicant for registration shall, at the time of registering, give full, exact and true answers, in writing on a registration form, which includes the applicant's name, permanent and temporary residence and business addresses, social security number, height, weight and other personal identification data, including identifying marks and a recent, clear and accurate photograph (approximately 2 1/2 inches square, furnished in duplicate by the applicant) of his face; the purpose of the proposed solicitation; the name and permanent address of the person, company or organization for whom he is acting, together with a copy of the written credential from said person to so act, stating his exact relationship to them; the place where the goods or services to be sold or offered are manufactured, prepared or produced and where then located; any prior convictions of federal, state or municipal offenses other than traffic and moving violations, including the nature thereof and sentence imposed; the route, date and approximate hours of his solicitation in the Township and, if the applicant intends to use a vehicle in connection with such solicitation, a copy of applicant's driver's license, vehicle registration, and proof of automobile insurance of any vehicle he will use in connection with such solicitation.
B. 
The applicant shall, at the time of completing the written registration, pay to the Municipal Clerk the sum of $200 to defray part of the cost to the Township of the registration form, supplies and incidental cost of the investigation hereinafter referred to and of administration of this article. Each registration shall be renewed annually at a cost of $200 for each and every year thereafter.
C. 
Upon completion of the form and deposit of the cost, the Municipal Clerk shall promptly cause the Mansfield Township Police Department to initiate and cause to be concluded within 15 days thereafter an investigation to verify the accuracy of the registration data; obtain the applicant's prior criminal records; if a vehicle is used in connection with such solicitation, verify the applicant's driving privileges are not suspended or revoked, verify the applicant's vehicle registration is current and verify that the applicant maintains the minimum automobile insurance required by law; verify the good standing of the business or organization, which shall include obtaining reports from the Department of Consumer Affairs, Better Business Bureau, Division of Revenue and New Jersey State Police; if a charitable organization, verify that the organization is properly registered as such with the New Jersey Department of Consumer Affairs Charitable Registration Section. If the investigation has not been completed within the 15 days, the applicant will be issued a temporary registration card forthwith, subject to completion of the investigation.
D. 
If the investigation indicates that the registrant has been convicted of a first, second or third degree offense, or any offense involving fraud or theft; if a business, that the business is not in good standing; that the individual, business or organization is the subject of consumer complaints alleging fraud; that the individual, business or organization is the subject of complaints filed with the Department of Consumer Affairs, Better Business Bureau, or New Jersey State Police; or if the applicant's vehicle registration or driver's license has been revoked or suspended, or applicant has failed to maintain the minimum automobile insurance required by law; if a charitable organization, that the organization is not properly registered with the New Jersey Department of Consumer Affairs Charitable Registration Section; or if the registration information is false or misleading in any material respect, the Municipal Clerk shall note those facts on the registration form, together with his/her disapproval, and furnish the applicant with a copy thereof by certified mail to his permanent address or by handing it to him/her personally, and no registration shall issue thereon, provided that the registrant shall have the right within 10 days of the date of such notice to file a request with the Township Committee for a review thereof, which, upon receipt of such notice, shall promptly fix a time and place at which the registrant may be heard by it and the matter reviewed and shall forthwith either affirm or reverse the disapproval of the Municipal Clerk, and, in the latter event, order a registration card to be issued.
A. 
Upon compliance by the applicant with the terms of this article and upon approval of his/her registration by the Municipal Clerk, there shall be issued to the registrant a registration card indicating that the person named thereon is registered in accordance with the terms of this article. Such card shall have securely fixed thereto one of the photographs so submitted and be signed by the Municipal Clerk in such fashion that part of his signature extends over a portion of such photograph.
B. 
Such registration card shall remain the property of the Township of Mansfield and may be immediately suspended by the Mansfield Township Police Department or the Municipal Clerk for any violation of this article and, within five days of such suspension upon written notice and the reasons therefor and an opportunity to be heard, revoked by the Township Committee for such cause.
C. 
No registrant shall be required to register more than once in any calendar year, provided that he promptly advises the Mansfield Township Police Department or the Municipal Clerk of any change in registration data required above and, upon request, furnishes new photographs when the ones provided become unrepresentative of his likeness.
A. 
The registrant shall:
(1) 
Carry the registration card with him/her at all times while soliciting and exhibit it to any person upon request.
(2) 
Promptly notify the Mansfield Township Police Department or the Municipal Clerk of any change in any of the data he/she has given on his registration form.
B. 
No registrant shall solicit before the hour of 8:00 a.m. to dusk, or at any time on Sunday.
C. 
No registrant shall solicit at any residence or other building when barred by the householder by a sign with the words to the effect that solicitors or peddlers are not invited or are prohibited.
A. 
All licensees who offer to sell, display for sale or sell or deliver fruits and vegetables and farm products from any vehicles which are wholly or in part open on any of the sides thereof shall, at all times, keep all fruits, vegetables and produce of any kind and nature covered with satisfactory materials in order to avoid and eliminate the accumulation of flies or any other insects from alighting around or upon any and all of the merchandise.
B. 
The licensee shall prohibit, as reasonably as possible, the eating of any merchandise directly from his or her vehicle.
A. 
All licensees offering for sale, displaying for sale, selling or delivering seafood, meats, poultry or dairy products shall transport the same solely in refrigerated vehicles. All such products shall remain in the refrigerated portion of the vehicle at all times during the time of a sale or delivery, and the refrigerated portion, while in use, shall be maintained at a properly low temperature to completely safeguard such products from a health and sanitary standpoint, to the fullest reasonable extent possible for the safety and welfare of the public.
B. 
The licensee shall prohibit, as reasonably as possible, the eating of any merchandise directly from his or her vehicle.
A. 
All licensees offering for sale, displaying for sale, selling or delivering beverages, sandwiches, snacks, or similar foods from a motor vehicle specially designed and equipped for such purpose shall ensure that they have complied with all health and sanitation requirements set by this municipality, by the Burlington County Board of Health and by the State of New Jersey.
B. 
The equipment used in the vending of food and beverages pursuant to this section shall be inspected upon application for registration and receive a certificate of inspection upon compliance with all applicable ordinances, statutes, rules and regulations.
C. 
In addition to any other health and sanitation requirements, the following regulations must be followed: the location of the food storage, food preparation and cart storage shall be subject to the applicable provisions of the New Jersey Sanitary Code (N.J.A.C. 8:21 through 24), and all food product storage and preparation areas shall be enclosed by partition and separated from any cart storage or non-food preparation related operations. In the event that the mobile car base is the same as an individual's residence, the commercial food storage and preparation shall be separated from the residential portion of the premises.
D. 
All vending units dispensing hot food in accordance with this section shall be equipped with:
(1) 
Twin potable water tanks consisting of a minimum capacity of eight gallons each, heating electrically or otherwise, and tilted toward a capped drain cock so that the tank can be completely evacuated of water. All tanks shall be equipped with an access hatch in order to facilitate cleaning and sanitizing internal surfaces of the tanks, and said access hatch shall be approved by the Township.
(2) 
A hand wash sink, seamless, with running hot and cold water, soap and single-service towels.
(3) 
A suitable waste tank with an adequate method of gauging the contents and having a capacity at least equal to the capacity of the water supply tank. It shall be tilted toward a drain cock. All waste shall be emptied and flushed into a sanitary sewer as often as necessary in a sanitary manner in order to maintain sanitary conditions.
(4) 
A refrigerated box capable of maintaining a temperature of 45° F. or below and equipped with an indicating thermometer for various ingredients carried, with metal racks or platforms provided to store ingredients.
(5) 
A refuse container with the cover attached to the cart for deposit of papers and other solid waste by customers and operators. Said container must be readily cleanable and kept clean.
E. 
In addition to the above, the following health regulations shall apply to vehicles used by licensees in connection with offering to sell, displaying for sale or selling or delivering any food or beverages pursuant to this section:
(1) 
Every vending unit shall be constructed of such acceptable materials to enable it to be readily cleaned, and the equipment shall be installed in such a manner that the unit can be kept clean and food will not be contaminated during cooking, serving, display or storage.
(2) 
Food-contact surfaces of vending units shall be provided with a close-fitting lid to protect food products from dust, dirt and splash.
(3) 
Vending units shall be disassembled, if practicable, and cleaned daily or more often as deemed necessary by the Board of Health, and all food contact services of the vending unit shall be washed, rinsed and sanitized in accordance with procedure of the applicable chapter of the New Jersey Sanitary Code; provided, however, that all such cleaning is prohibited in public places.
(4) 
The cart-cleaning process at the vending base of operation shall be segregated from food product storage, preparation, cleaning or refuse areas.
(5) 
Wastewater from any discharge shall be disposed of in a sanitary manner and shall not create a nuisance.
(6) 
All perishable and/or potentially hazardous foods shall be maintained at temperatures below 45° F. or above 140° F. until removed from storage for preparation and use, and all food items shall be protected from contamination at all times.
(7) 
All vehicles or other means of transport shall have adequate facilities and capacity to dispose of any trash or food wastes associated with the transport of food or breaking down of food products. Said vehicle shall be maintained in a clean and sanitary manner and subject to inspection by the Township.
No licensee shall at any time permit any debris, waste materials, rotting produce or merchandise of any kind or any unfit produce to remain in or upon his or her vehicle, unless it is contained in a metal leakproof container having a properly fitted metal cover on the container.
A. 
No licensee shall sell or attempt to sell any articles to pedestrian or vehicular traffic, other than when his or her vehicle is properly parked immediately adjacent to the curb or of a public street or highway and in a permitted locality.
B. 
The licensee shall at no time double park when dealing with any of his or her customers, and in no event shall he or she transact any of his or her business operations other than at the curbside of his or her vehicle.
C. 
The licensee shall at no time park or otherwise position his or her vehicle along a public street or highway in such a manner as to constitute a traffic hazard or endanger the safety of persons attempting to purchase food or beverages from the licensee.
A. 
Before a licensee uses a vehicle or mode of transportation in connection with offering to sell, displaying for sale or selling or delivering any food or beverages, he or she shall submit such vehicle to the Township Health Officer and/or Mansfield Township Police Department for inspection and approval to ensure compliance with this article and shall, whenever requested during the term of the license, submit his or her vehicle for reasonable reinspection for such purpose.
B. 
No vehicle or mode of transportation shall be used by any licensee in connection with offering to sell, displaying for sale or selling or delivering any food or beverages unless it has been approved for use by the Health Officer and/or Mansfield Township Police Department. The written approval shall remain in and upon the vehicle at all times and shall be shown by the operator to any police officer or other official of the Township or any member of the public upon request.
No licensee shall at any time permit any waste materials or parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks, and a licensee shall at all times remove any such debris that may have fallen from his or her vehicle. Such litter shall be immediately placed in the metal containers referred to in § 24-10.
All sales of any merchandise by any licensee shall, at the time of the sale, be placed in bags or other suitable containers when such merchandise is handed to the customer.
All licensees, while carrying on their permitted business, shall fully comply at all times with all of the requirements, terms and conditions of this article and all other applicable provisions of the Township Code, as well as applicable state laws, regulations or provisions pertaining to such activity and particularly dealing with provisions of health, safety and general welfare but in no way limited only thereto.
Any license issued under the provisions of this article may be suspended or revoked upon notice and hearing for any of the following reasons:
A. 
Fraud or any material misrepresentation contained in the application.
B. 
Fraud or any material misrepresentation made in the course of carrying on any of the business or commercial activities described and provided for in this article.
C. 
Conducting the business in such a manner as to create a public nuisance or constitute a danger to the public health, safety, welfare or morals.
D. 
Violation of any Township ordinance or general law.
E. 
Any activity injuries to the health, safety and welfare of the public.
Upon application to the Township Committee, any canvasser, solicitor, itinerant merchant, transient vendor, nonprofitmaking vendor, peddler or hawker who desires to work at events which are under the sponsorship and control of the Township government, local Board of Education or any association, organization or body officially connected therewith may be given a special permit to conduct a business or activity as an itinerant merchant or transient vendor, and the Township Committee may waive one or more of the requirements otherwise established by this article and applicable to the type of vendor herein described. The fee for this special permit shall be $10, and the Municipal Clerk will note on the permit those sections expressly waived by the Township Committee.
Any person who fails to comply with the requirements of this article or any part thereof or makes a false fraudulent representation in any statement required by this article to be filed by him or her or falsely represents by advertising or otherwise that such personal property is in whole or in part damaged goods saved from fire or makes any false statement as to the previous history or character of such personal property shall be subject to a fine of not less than $100 nor more than $500 or to imprisonment in the county jail for a term not exceeding 90 days or to a period of community service not exceeding 90 days or to such combination of punishment as the Municipal Judge may, in his or her discretion, deem appropriate and just.