[Adopted 12-20-1971 as Sec. 7-1 of the Revised General
Ordinances; amended in its entirety 9-20-2004 by Ord. No. 24-04]
Unless otherwise provided in this article, it shall be unlawful for any person to engage in solicitation activities, as defined in § 143-2 of this article, within the Township, without first obtaining a license as provided herein.
As used in this article, the following terms
shall have the meanings indicated:
Any goods or other property capable of being the object of
a sale but shall not include items of nominal value given in exchange
for a contribution to any political, religious, charitable, civic,
educational or philanthropic organization or society or service club
or any organization recognized as tax-exempt under the United States
Internal Revenue Code.
A canvasser, hawker or peddler and shall include any person
who engages in the practice of going from place to place, house to
house, door to door, or person to person, including an employee or
agent of another, traveling either by foot, truck, automobile or other
conveyance.
COMMERCIAL SOLICITATION—Selling or taking
orders for commercial purposes, including offering to sell or take
orders for goods, merchandise, wares or other articles for future
delivery or for services to be performed in the future.
NONCOMMERCIAL SOLICITATION—Requesting
contributions of funds, property or anything of value or the pledge
of any type of future donation or selling or offering for sale any
type of property, including but not limited to goods, tickets, books
and pamphlets for political, charitable, religious, civic, philanthropic,
educational or other noncommercial purposes; conducting surveys, opinion
polls and any such similar work; proselytizing; soliciting participation
in or support of any group, individual or organization; or distributing
circulars or other complimentary material.
A.
Any veteran or exempt fireman who holds a license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10 shall be exempt from the licensing requirements of this article but shall be required to file a registration form with the Township Clerk containing the information set forth in Subsection C(1)(a) through (f) below.
B.
The provisions of this article shall not apply to
the following persons:
(1)
Officers or employees of the Township, county, state
or federal government when on official business.
(2)
Employees of any public utility which is subject to
the regulation of the Board of Public Utilities of the State of New
Jersey; provided, however, that such employee shall display the identification
badge or card issued by his employer.
(3)
Any person selling fruits and farm products grown
by himself with or without the help of others.
C.
All noncommercial solicitation. Any person engaging in any noncommercial solicitation activity, as defined in § 143-2, whether or not such activity involves solicitation of funds or donations, is exempt from the licensing requirements of this article but must register with the Township Clerk as follows:
(1)
Any such person shall, at least 24 hours prior to
the commencement of such noncommercial canvassing or solicitation,
present himself to the office of the Township Clerk and shall provide
said Township Clerk with the following written information:
(a)
Nature and anticipated duration of such canvassing
or solicitation.
(b)
The number of persons who will be canvassing
or soliciting.
(c)
Name and address of the person in charge of
such canvassing or solicitation.
(d)
Full name and address of the political, charitable,
religious, educational, civic or philanthropic organization or service
club on behalf of which such solicitation or canvassing is to be conducted
and a letter from such organization authorizing the applicant to act
as its representative.
(e)
The names and addresses of the officers and
directors of the organization.
(f)
The names of persons who are expected to go from door to door
or to distribute materials within the Township, including their address,
driver's license number and social security number. This requirement
shall not apply to persons under the age of 18 years.
[Amended 3-20-2017 by Ord. No. 03-17]
(2)
The purpose of such registration is that the identity
of persons going door to door or distributing materials within the
Township may be established for the protection and maintenance of
the health, safety and welfare of the inhabitants of the Township
and of those going door to door.
(3)
Each representative or agent of the organization, except persons
under the age of 18 years, shall carry proper identification indicating
the name of the organization and his own name and address and shall
be prepared to display it upon request and, in addition, shall display
the registration number issued by the Township.
[Amended 3-20-2017 by Ord. No. 03-17]
(4)
The registration number shall be surrendered to the Township Clerk
when the canvassing or solicitation is completed.
[Amended 3-20-2017 by Ord. No. 03-17]
(5)
All persons and organizations subject to this Subsection C shall comply with all other applicable provisions of this article.
Every applicant for a license under this article
shall file with the Township Clerk a sworn written application, in
duplicate on a form to be furnished by the Clerk, which shall give
the following information:
A.
Full name, including middle initial, and physical
description, including height, weight, hair color and eye color, of
the applicant.
B.
Permanent home address and full local address of the
applicant and proof of same (plus addresses for last three years).
C.
Full date of birth and place of birth.
D.
Social security number.
E.
A brief statement of the nature of the business or
organization conducting the solicitation activities and a description
of the merchandise or service, if any, to be sold or distributed.
F.
If employed by or representing another, the name,
business address and telephone number of the employer, sponsor or
organization being represented, together with a letter with original
signatures from such employer, sponsor or organization authorizing
the applicant to act as its representative.
G.
Licenses shall be effective from the date of issuance and shall expire
December 31 of the calendar year unless issued for a shorter term.
[Amended 3-20-2017 by Ord. No. 03-17]
H.
If a vehicle is to be used, a description of such
vehicle and its license number.
I.
The state of issuance and number of the driver's license.
J.
The place where the goods or property to be sold or
offered for sale are manufactured or produced, where such goods or
property are located at the time such application is filed and the
proposed method of delivery.
K.
Two photographs of the applicant taken within 60 days
immediately prior to the date of the application, which photograph
shall clearly show the head and shoulders of the applicant and shall
measure two inches by two inches.
L.
Two business references.
M.
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.
N.
Applicants shall obtain a criminal history background
check. The appropriate ORI number and additional information may be
obtained by the applicant from the Township Police Department. Applicants
should follow the instructions for obtaining a criminal background
check which includes making an appointment to be fingerprinted by
the state contract vendor. Results will be sent to the Washington
Township Police Department. Applicants who fail to obtain a criminal
history background check or otherwise refuse to consent to or cooperate
in securing a criminal history check shall not be considered for a
peddler/solicitor license.
[Amended 5-18-2009 by Ord. No. 10-09; 5-15-2017 by Ord. No. 08-17]
[Amended 5-18-2009 by Ord. No. 10-09; 5-15-2017 by Ord. No. 08-17]
A.
Administrative fee. At the time the application is filed, a fee of
$25 per solicitor shall be paid to the Township Clerk to cover the
cost of processing the application and investigating the facts stated
therein.
B.
License fee. The license fee, which shall be charged by the Township
Clerk for the issuance of a license hereunder, shall be $5 per day
per solicitor, $10 per week per solicitor, $25 per month per solicitor,
and $100 per year per solicitor.
C.
Where an organization has several agents engaged in solicitation
activities, each agent shall be licensed separately, and each shall
pay the appropriate fees.
A.
When the aforesaid application is properly filled
out and signed by the applicant, the original and duplicate thereof
shall be filed with the Township Clerk; the Clerk shall refer the
duplicate to the Chief of Police who shall make, or cause to be made,
an investigation to ascertain that the applicant has not been convicted
of a crime (and is not subject to any outstanding criminal warrants
or indictments) relating to fraud, deception, theft or assault, and
that he is selling or soliciting for a project free from fraud or
other criminal purpose. The duplicate shall be kept on file in the
Police Department upon completion of the investigation. The investigation
shall include a criminal history name search identification check
and fingerprint check pursuant to N.J.S.A. 53:1-20.5 et seq. The criminal
history check shall be kept confidential. For the purposes of this
check, the Washington Township Police Department is hereby authorized
to have access to the Criminal History Record Information file through
the State Bureau of Investigation.
B.
As a result of such investigation, the Chief of Police
shall note on the application his recommendation and his reasons therefor
and return the application to the Township Clerk. Such recommendation
shall be returned to the Township Clerk within 10 days of the Police
Department's receipt of the duplicate application.
(1)
Any recommendation by the Chief of Police that a license
should not be issued to the applicant shall be based on one or more
of the following findings with respect to the applicant:
(a)
Conviction of a crime adverse to solicitation
activities pursuant to N.J.S.A. 2A:168A-1. In determining whether
a conviction relates adversely to solicitation activities, the following
factors shall be considered:
[1]
Nature of solicitation activities.
[2]
Nature and seriousness of the crime.
[3]
Circumstances under which the crime occurred.
[4]
Date of the crime.
[5]
Age of the person when the crime was committed.
[6]
Whether the crime was an isolated or repeated
incident.
[7]
Social conditions which may have contributed
to the crime.
[8]
Any evidence of rehabilitation.
(b)
Record of breaches of solicited contracts.
(c)
Unethical business practices adverse to solicitation
activities.
(d)
Conclusive evidence that the applicant has,
within four months of the application, been addicted to the habitual
use of drugs or intoxicating liquors pursuant to N.J.S.A. 2A:168A-4.
(2)
In the absence of any such findings, the Chief of
Police shall recommend that the license be granted.
A.
The Township Clerk shall issue to each licensee at
the time of delivery of his license a badge which shall, during the
time such licensee is engaged in solicitation activities, be worn
constantly by the licensee on the front of his outer garment in such
a way as to be visible to a person facing him. If the badge becomes
damaged or obscured, the solicitor shall return it to the Township
Clerk and receive another badge.
B.
The badge shall be used only by the person to whom
it was issued and may not be transferred to any other person. The
badge shall be surrendered to the Township Clerk at the time the license
expires.
C.
Every holder of a solicitor's license issued by the
Township Clerk, or by the Morris County Clerk under the authority
of N.J.S.A. 45:24-9 and 45:24-10, shall be required to carry his or
her license while engaged in the business or activity licensed within
the corporate limits of the Township. He or she shall produce such
license at the request of any official of the Township or of any resident
of the Township with whom he or she wishes to conduct his or tier
business or activity.
A.
Any person engaging in any commercial or noncommercial solicitation or canvassing activities is required to review the No Solicitation List maintained by the Township Clerk pursuant to § 143-14 and available at the Township Clerk's office during normal business hours.
B.
Every solicitor shall restrict his solicitation activity
within the Township to the hours between 9:00 a.m. and 9:00 p.m.,
prevailing time, on Mondays through Saturdays, unless specifically
having been invited to a dwelling by an occupant thereof or having
previously made an appointment with an occupant.
C.
No solicitor or canvasser shall call attention to
his business or to his merchandise by crying out, blowing a horn or
by any other loud or unusual noise.
D.
No solicitor or canvasser shall approach any residence or property listed on the No Solicitation List maintained by the Township Clerk pursuant to § 143-14 and available for inspection during normal business hours.
E.
No solicitor shall conduct, or attempt to conduct,
his business at any residence or on any property on which is posted
a sign indicating that solicitors are not welcome or not invited.
F.
No licensee shall allow any other person to use the
license issued hereunder and the use of such license by any person
other than the licensee shall constitute grounds for revocation of
the license.
G.
No solicitor shall refuse to leave any private dwelling
or property after having been once requested to do so by the owner
or occupant thereof.
H.
No solicitor shall engage in solicitation activities
regulated under this article on public property without first producing
special authorization from the Township Committee.
[Amended 9-21-2009 by Ord. No. 23-09]
I.
No license or registration number shall issue where
any person who would use the proposed license is under 16 years of
age, with the exception of youth-oriented charitable organizations
such as Girl Scouts, Boy Scouts, Little League, etc. so long as all
youth engaging in noncommercial solicitation are accompanied by an
adult.
J.
All badges shall be surrendered to the Township Clerk at the time
the license expires.
[Added 5-15-2017 by Ord.
No. 08-17]
The Township Clerk shall maintain a record of
all licenses issued under the provisions of this article and shall
record therein all convictions for violations of this section and
other pertinent circumstances and incidents reported by the Chief
of Police.
[Amended 5-15-2017 by Ord. No. 08-17]
Licenses shall be issued on a daily, weekly, monthly or annual
basis and shall expire as indicated on the license.
Licenses and registration numbers issued under
the provisions of this article may be revoked by the Township Committee,
after notice and hearing, for any of the following causes:
A.
Fraud, misrepresentation or false statement contained
in the application for license.
B.
Fraud, misrepresentation or false statement by the
licensee in the course of conducting solicitation activities.
C.
Any violation of this article.
D.
Conviction of any crime adverse to soliciting, peddling,
canvassing or hawking pursuant to N.J.S.A. 2A:168A-1.
E.
Conducting the solicitation activities contrary to
the conditions of the license or registration or in such a manner
as to create a public nuisance or constitute a danger to the health,
safety or general welfare of the public and of those going door to
door.
A.
Notice of the hearing for revocation of a license
or registration number shall be given in writing by the Township Clerk.
Such notice shall set forth the specific grounds of complaint and
the time and place of hearing and shall be sent by registered mail
to the licensee or registrant at his last known address at least five
days prior to the date set for the hearing or shall be delivered by
the agent of the Township in the same manner as a summons at least
three days prior to the date set for the hearing.
B.
In the event the Chief of Police shall determine that there has been a violation of § 143-8 or any other part of this article, then and in that case he shall immediately notify the Township Committee of the violation and shall order the licensee or registrant to suspend further operation until a hearing is held in accordance with the provisions of this section. Upon revocation, the license or registration number and all badges shall be surrendered to the Township Clerk.
Any person aggrieved by the action of the Township Clerk in the denial of a license, as provided in § 143-7, shall have the right of appeal to the Township Committee. Such appeal shall be taken by filing with the Township Committee, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Committee shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 143-12 for notice of hearing on revocation. The decision of the Township Committee on such appeal shall be final and conclusive.
A.
The Township Clerk shall prepare a list of addresses
of those premises where the owner and/or occupant has notified the
Clerk that canvassing or soliciting is not permitted on the premises.
The list shall specify whether the owner and/or occupant prohibits
all solicitation or only commercial solicitation. Notification shall
be by completion of a form available at the Township Clerk's office
during normal business hours. The list shall be updated on January
1, April 1, July 1 and October 1 of each year.
It shall be the duty of any police officer of the Township to enforce the provisions of this article and require any person seen engaging in solicitation activities who is not known by such officer to be duly licensed or registered to produce his solicitor's license or registration number. Any violation of any provision of this article shall be a punishable offense as well as cause for revocation of any sales license or registration pursuant to §§ 143-11 and 143-12.
[Amended 4-16-2007 by Ord. No. 9-07]
Any person who violates any provision of this article shall be subject, upon conviction, to the penalties provided in § 1-3 of this Code.