[HISTORY: Adopted by the Township Committee
of the Township of Montville by Ord. No. 1308 as Ch. 5.44 of the 1998 Code. Amendments
noted where applicable.]
This chapter is adopted with the intent to regulate
the distribution of certain materials, peddling, soliciting and canvassing
and related activities within the Township of Montville, and the registration
of individuals and organizations engaged in such activities is hereby
deemed to be necessary so that the identity of persons going from
door to door or soliciting within the municipality 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 practice
and fraudulent solicitation of funds.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, whether a resident of the Township or not, traveling
by foot, wagon, automotive vehicle or any other type of conveyance
from place to place, from house to house or from street to street,
carrying, conveying or transporting goods, wares, merchandise, meats,
fish, vegetables, fruits, garden truck, farm products or provisions,
offering and exposing the same for sale or making sales and delivering
articles to purchasers or who, without traveling from place to place,
shall sell or offer the same for sale from a wagon, automotive vehicle,
railroad car or other vehicle or conveyance, and further provided
that one who solicits orders and as a separate transaction makes deliveries
to purchasers as a part of a scheme or design to evade the provisions
of this chapter shall be deemed a "peddler," subject to the provisions
of this chapter. The word "peddler" shall include the words "hawker"
and "huckster."[1]
A person, also known as a "canvasser," whether a resident
of the Township or not, traveling either by foot, automobile, motor
truck or any other type of conveyance from place to place, from house
to house or from street to street, taking or attempting to take orders
for sale of goods, wares and merchandise, personal property of any
nature whatsoever for future delivery or for services to be furnished
or performed in the future, whether or not the individual has, carries
or exposes for sale a sample of the subject of the sale, with or without
accepting an advance payment for the goods. The term "solicitor" also
includes any person who may be taking a poll or a survey from house
to house or on the streets or distributing advertisements or handbills.
No person shall canvass, solicit or peddle in
any public or quasi-public place or call from house to house in the
Township or sell goods by sample or take orders for future delivery,
whether or not they receive advance payments for goods, unless they
first receive a written permit from the Township Clerk as provided
herein.
[Amended by Ord. No. 2002-35]
Every applicant for a permit under this chapter
shall file with the Township Clerk, at least two weeks prior to the
date of solicitation, a sworn written application, in duplicate, on
a form to be furnished by the Clerk, which shall give the following
information:
A.
The name and a description of the applicant;
B.
The permanent home address and full local address
of the applicant;
C.
A brief statement of the nature of the business and
a description of the merchandise or service to be sold;
D.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship;
E.
The length of time for which the permit is desired,
which shall not exceed one year;
F.
If a vehicle is to be used, a description of such
vehicle and its license number;
G.
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;
H.
Two photographs of the applicant taken within 60 days
immediately prior to the date of the application, which photographs
shall clearly show the head and shoulders of the applicant and shall
measure two inches by two inches;
I.
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;
J.
Information sufficient to substantiate the identity
of the applicant, such as picture identification, as well as the names
of two persons who will certify as to the applicant's good character
and business respectability or, in lieu of the names of references,
such other available evidence as to the good character and business
responsibility of the applicant as will enable an investigator to
properly evaluate such character and business responsibility.
K.
The applicant shall obtain a fingerprint from the
Township of Montville Police Department as part of the application
process.
A.
The Township Clerk shall forward a copy of each application
to the Chief of Police, who shall review the application and conduct
an investigation of the applicant.
B.
The Chief of Police shall, within 14 days of receipt
of an application, notify the Township Clerk of the results of his
investigation.
C.
The Township Clerk shall, upon payment of the fee as set out in Chapter 169, Fee Schedule, issue a permit unless the investigation by the Chief of Police reveals any of the following:
(1)
Fraud, misrepresentation or false statement contained
in the application for permit;
(2)
Conviction of any crime or misdemeanor involving dishonesty
or other actions directly relevant to the applicant's fitness for
a permit;
(3)
Prior action taken by any governmental entity against
the applicant for conducting the business of soliciting or canvassing
in any unlawful or fraudulent manner.
D.
Any applicant denied a permit may appeal the denial
to the Township Administrator by serving notice on the Township Clerk
of the intent to appeal. The Township Administrator shall then conduct
a hearing on notice to all interested parties. The Township Administrator
shall order that a permit be issued to the applicant if he finds that
the issuance of the permit will not compromise the purposes of this
chapter.
E.
Each permit shall specify the number of days it shall
be effective, and a copy of the permittee's photograph shall be attached
to his permit. The permittee shall carry said permit and shall exhibit
the permit to any policeman or other resident of the Township of Montville
upon request. The permittee shall advise the Police Department weekly
of the specific location and/or locations that he or she intends to
canvass that particular week. The person giving this information shall
do so by telephone or in person to the Police Department, by giving
his or her name, permit number, name of organization, if any, and
specific location and/or locations that he or she or others shall
canvass that particular week.
The requirement of obtaining a permit as set forth in § 281-4 shall not apply to the following:
A.
Nonprofit organizations.
(1)
The permit requirement shall not apply to any charitable,
religious, political or other nonprofit organization holding a tax
exempt status under the Federal Internal Revenue Code of 1954, U.S.C.
§ 501(c) or (d), provided that there is filled out an application,
in writing, with the Township Clerk containing the following information:
(2)
Upon the filing of said application, the Township
Clerk shall issue a special permit, without charge, for the specified
period. Persons soliciting on behalf of entities set forth in this
section may do so upon receipt of the special permit, for which there
shall be no charge.
B.
Any person honorably discharged from the military
services of the United States possessing a peddler's license issued
in conformity with N.J.S.A. 45:24-9 and 45:24-10.
C.
Any person who is an exempt fireman of a volunteer
fire department, as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing
a license in conformity with said law.
D.
Any public utility or its employees, which said public
utility is subject to regulation by the State Board of Public Utility
Commissioners; provided, however, that such employee shall display
the identification badge or card issued by his or her employer.
E.
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 persons who had previously ordered the
same or were entitled to receive the same by reason of a prior agreement.
Every person to whom a permit is issued under the terms of this chapter, including organizations identified in § 281-6A, shall be governed by the following rules and regulations:
A.
All circulars, samples, merchandise or other matters
shall be handed to an occupant of the property or left in a secure
place on the premises.
B.
No person subject to the provisions of this chapter
shall canvass, solicit or peddle, except during the hours between
10:00 a.m. and 8:00 p.m., Monday through Saturday, unless by express
invitation of the resident. This limitation shall apply only to individuals
who peddle or solicit from door to door.
C.
No person subject to the provisions of this chapter
shall enter or attempt to enter the house or apartment of any resident
of the Township of Montville without an express invitation from the
occupant of said house or apartment.
D.
No person subject to the terms of this chapter shall
have exclusive rights to any location in the public streets or operate
in any congested area where his operation might impede the public.
E.
No person subject to the terms of this chapter shall
make any solicitation within the Township limits where solicitors
are notified by sign that soliciting is prohibited or which is contained
on a list maintained by the Township of residences not to be solicited.
The Township Clerk shall provide each person securing a permit or
special permit with such list and shall take suitable steps to inform
the residents of the Township that they may be included on such list
if they so choose.
[Amended 3-23-2010 by Ord. No. 2010-11]
F.
No person subject to the terms of this chapter shall
litter the street, public places or property within the Township with
any merchandise or printed material.
G.
No person shall draw attention to his or her business
or to his or her merchandise.
H.
Peddling of food products is prohibited in the following Township
parks during periods when concessionaires authorized by the Township
are operating: 86 River Road fields, Community Park on Changebridge
Road, and Camp Dawson Park on Jacksonville Road.
[Added 11-9-2011 by Ord. No. 2011-26]
Upon the expiration of the permit, the holder
thereof shall surrender it to the Township Clerk.
[Amended 3-23-2010 by Ord. No. 2010-11]
The fees for a permit under this chapter, per annum or per day, are set forth in Chapter 169, Fee Schedule.
