[Adopted 7-7-1980 as Sec. 5-1 of
Ch. V of the Revised General Ordinances]
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 a means for the
criminal-minded to obtain admittance to private homes in furtherance
of some present or future unlawful objective and 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 require
that those going from door to door for any purpose be required first
to give such information as will identify themselves and prevent possible
abuse of the right by the criminally inclined.
As used in this article, the following terms
shall have the meanings indicated:
The making of calls as a part of a service to which the occupant
of the house subscribes.
The act of going from door to door or house to house within
this Township without prior express invitation or request from the
occupant of the premises at which the call is made for any purpose
or in any fashion, including but not limited to the vending, distribution,
dissemination or delivery of goods, wares, merchandise or services
or of written oral or recorded intelligence or communication or invitation
of any kind other than giving alarm of fire or similar emergency warning
or in the discharge of some governmental duty or requesting, inviting
or taking orders or subscriptions for present or future delivery or
furnishing of any such things or matters; or for the purpose of making
canvasses, surveys or the like or doing any other act which is commonly
comprehended in the terms of soliciting, canvassing or peddling.
[Amended 6-22-1992 by Ord. No. 1992-5]
No person shall solicit from door to door within
this Township without first registering and obtaining a registration
card from the Director of Public Safety, Chief of Police or a designee
of the Township as provided in this article.
[Amended 6-22-1992 by Ord. No. 1992-5]
A.Â
Newsboys. Nothing in this article shall be deemed
to require the registration of persons commonly known as "newsboys"
going from door to door to distribute newspapers or publications consisting,
in part, of news and, in part, of classified advertising issued and
distributed on a regular periodic basis not less frequently than bimonthly,
provided that the publisher shall register with the Director of Public
Safety, Chief of Police or a designee and keep current a list of the
names and addresses of the newsboys making distribution, together
with the routes assigned to each and the days and hours of distribution;
the name and address of the publisher and, if distributed by a distributor,
the name and address of the distributor; the nature of the material
to be distributed, together with a facsimile thereof; a statement
as to any prior convictions of federal, state or municipal offenses,
including the nature thereof and the sentence imposed on any of the
newsboys so listed; and such other available evidence as to their
good character as will enable an investigation to corroborate such
facts.
B.Â
Nonprofit and charitable organizations.
(1)Â
Nothing in this article shall be deemed to require
the registration of persons soliciting for nonprofit and charitable
organizations, provided that the following conditions are met:
(a)Â
Persons representing nonprofit and charitable
organizations whose business address is located in Burlington County
shall supply the Director of Public Safety, Chief of Police or a designee
with information indicating the purpose of the solicitation; the name,
address, age and sex of each solicitor; the name and address of the
organization sponsoring the solicitation; and the route, date and
approximate hours of the solicitation in the Township.
(b)Â
Persons representing nonprofit and charitable
organizations located outside of Burlington County, in addition to
the above information, shall supply the Director of Public Safety,
Chief of Police or a designee with documentation of the nonprofit
or charitable status of the organization; the names of the principals
of the organization; and the names and addresses of two references,
preferably public officials from other jurisdictions, who can provide
evidence concerning the nature and operation of the organization.
(2)Â
The Director of Public Safety, Chief of Police or a designee shall review the required information and approve the solicitation if he is assured that the information is correct; that none of the participants have been convicted of an offense involving moral turpitude or of other offenses of such a nature as to represent a clear and present danger to public good, safety and welfare, and that the solicited funds or goods will be used for nonprofit and charitable purposes. If the Chief of Police should determine that the solicitation should not be approved, the provisions of § 194-5D shall apply.
[Amended 6-22-1992 by Ord. No. 1992-5]
A.Â
Each applicant for registration shall, at the time
of registering, give full, exact and true answers, in writing, on
a registration form filled in by him and prepared by the Director
of Public Safety, Chief of Police or a designee and providing for
registration and recording of the applicant's name; permanent and
temporary residence and business addresses; social security number;
height, weight and other personal identification data, including identifying
marks, the fingerprints of the applicant 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 that person, company or organization
for whom he is acting, together with a copy of a written credential
from the 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; the names and addresses
of two references, preferably owners of real estate in Burlington
County or the State of New Jersey or, in lieu thereof, such other
available evidence as to his good character as will enable an investigation
to corroborate that fact; any prior convictions of federal, state
or municipal offenses, including the nature thereof and the sentence
imposed; the route, date and approximate hours of his solicitation
in the Township; the registration number of any vehicle he will use
in this Township; and his driver's license data.
B.Â
The applicant shall, at the time of completing the
written registration, deposit with the Director of Public Safety,
Chief of Police or a designee for the use of the Township the sum
of $125 to defray part of the cost to the Township of the registration
form, fingerprint cards and supplies and incidental costs of the investigation
hereafter referred to and of the administration of this article. Each
registration shall be renewed annually.
[Amended 3-1-1982 by Ord. No. 1982-3; 6-13-1988 by Ord. No. 1988-7; 12-22-2008 by Ord. No.
2008-29; 6-13-2011 by Ord. No. 2011-06]
C.Â
Upon completion of the form and deposit of the cost,
the Director of Public Safety, Chief of Police or a designee shall
promptly initiate and cause to be concluded within 10 days thereafter
an investigation designated to corroborate the registration data,
prior criminal record, moral character and, in the case of commercial
solicitations, the business responsibility of the registrant, which
such investigation in any case shall include transmission of the fingerprints
to the Federal Bureau of Investigation and Identification Bureau of
the New Jersey State Police and receipt from them of a report on the
applicant's criminal record, if any; provided, however, that if the
investigation has not been completed within the 10 days, the applicant
will be issued a temporary registration card forthwith subject to
completion of the investigation.
D.Â
If the investigation indicates that the registrant
has been convicted of an offense involving moral turpitude or if the
registration information is false or misleading in any material respect
or that his moral character (or business responsibility, in the case
of commercial solicitation) or record of other offenses is of such
a nature as to present a clear and present danger to the public good,
safety and welfare, the Director of Public Safety, Chief of Police
or a designee shall note his findings in that respect on the registration
form, together with his disapproval, and furnish the applicant with
a copy thereof by certified mail to his permanent address or by handing
it to him 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 Manager for a
review thereof, who, upon receipt of such notice, shall promptly fix
a time and place at which the registrant may be heard by him and the
matter reviewed and shall forthwith either affirm or reverse the disapproval
of the Director of Public Safety, Chief of Police or a designee and,
in the latter event, order a registration card to be issued.
[Amended 6-22-1992 by Ord. No. 1992-5]
A.Â
Upon compliance by the applicant with the terms of
this section and upon approval of his registration by the Director
of Public Safety, Chief of Police or a designee, 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.
The card shall have securely fixed thereto one of the photographs
so submitted and signed by the Director of Public Safety, Chief of
Police or a designee in such fashion that part of the signature extends
over a portion of the photograph.
B.Â
Such registration card shall remain the property of
the Township and may be immediately suspended by the Director of Public
Safety, Chief of Police or a designee 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 Manager for such cause.
C.Â
No registrant shall be required to register more than
once, provided that he promptly advises the Director of Public Safety,
Chief of Police or a designee of any change in registration data required
above and, upon request, furnishes new photographs when the ones provided
become unrepresentative of his likeness.
A.Â
The registrant shall:
[Amended 6-22-1992 by Ord. No. 1992-5]
(1)Â
Carry the registration card with him at all times
while soliciting and exhibit it to any person upon request.
(2)Â
Deposit the card with the Director of Public Safety,
Chief of Police or a designee at the end of each day's solicitation
and pick it up at the police station before commencing the next day's
solicitation.
(3)Â
Promptly notify the Director of Public Safety, Chief
of Police or a designee of any change of address or any change in
any of the data he has given on his registration form.
B.Â
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.
[Added 6-22-1992 by Ord. No. 1992-5; amended 12-22-2008 by Ord. No. 2008-29; 6-13-2011 by Ord. No.
2011-06]
Any person in violation of this article shall,
upon conviction, be punishable by a fine not to exceed $2,000 or imprisonment
for a term of not more than 90 days, or both.
