[[1]HISTORY: Adopted by the Township Council of the Township
of East Hanover 5-2-1996 by Ord. No. 10-1996.[2] Amendments noted where applicable.]
[Amended 3-11-2002 by Ord. No. 4-2002; 6-3-2019 by Ord. No. 8-2019]
As used in this chapter, the following terms
shall have the meanings indicated:
The practice of going from house to house, place to place
or street to street for the purpose of distributing literature, pamphlets,
handbills and the like in order to distribute information or seek
support for commercial purposes or the solicitation of funds, specifically
including but not limited to the circulation of a petition and the
seeking of contributions for a cause.
The practice of going either from house to house, place to
place or street to street, traveling by foot, automotive vehicle or
any other type of conveyance, selling services or carrying goods,
wares or merchandise for the commercial purpose of selling and delivering
to consumers, or who engages in any of the foregoing activities from
a stationary location on any street or other public place.
The practice of going either from house to house, place to
place or street to street, traveling by foot, automotive vehicle or
any other type of conveyance, for the commercial purpose of soliciting,
taking or attempting to take orders for the sale of merchandise or
services of any kind for future performance or delivery, whether or
not such individual has, carries or exposes for sale a sample of the
merchandise or services, and whether or not said person is collecting
advance payments on such sales or orders, or who engages in any of
the foregoing activities from a stationary location on any street
or other public place.
Includes persons, commonly referred to as either "transient
merchants" or "itinerant vendors," who engage in a commercial merchandising
business in the Township with the intent to close out or discontinue
such business within one year from the date of commencement, including
those who, for the purpose of carrying on such business, hire, lease
or occupy any building, lot, structure or railroad car for the exhibition
and sale of such goods, wares and merchandise, provided that nothing
herein shall be construed to affect the sale of fruit, vegetables
and farm products, such as meats, poultry, butter and eggs.
[Amended 3-11-2002 by Ord. No. 4-2002]
A.
It shall be unlawful to canvass, solicit or peddle
within the Township of East Hanover without first obtaining a license
therefor as provided in this chapter.
B.
Transient merchants must also be licensed pursuant
to the provisions of N.J.S.A. 45:24-1 et seq. and this chapter.
C.
All peddlers or trade solicitors who desire to operate
on Township property shall be required to obtain a concession from
the Township. Such concession shall be granted in conformity the applicable
provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et
seq.) and the rules and regulations promulgated thereunder.
[Amended 8-6-2018 by Ord.
No. 11-2018; 6-3-2019 by Ord. No. 8-2019]
A.
Procedure.
(1)
Any person seeking a license under this chapter shall file an application
with the Township Clerk to be approved by the Township Police Department
on a form supplied by the Township Clerk. The form is available online
at http://www.easthanovertownship.com or a copy may be obtained from
the Township Clerk. There is no fee to obtain a copy of the application.
(2)
The applicant shall review and comply with Chapter 118, Canvassing, Soliciting and Peddling, of the Township Code. The chapter is available online at http://www.easthanovertownship.com or a copy may be obtained from the Township Clerk. There is no fee to obtain a copy of the chapter.
(3)
Once the application is approved, the person will obtain and pay
for the license/badge from the Township Police Department located
at 2 Deforest Avenue, East Hanover, New Jersey 07936. All checks must
be made payable to the "Township of East Hanover."
B.
Contents of application.
(1)
The application form shall contain the following information:
(a)
The name of the applicant and the applicant's date of birth.
(b)
The applicant's address and telephone number.
(c)
The name and address and telephone number of the employer, company,
organization or firm represented.
(d)
The date on which canvassing, soliciting or peddling is to commence
and end.
(e)
The nature of the goods or merchandise to be sold or offered
for sale or the nature of the services to be furnished.
(f)
Whether the applicant has been convicted of a crime, disorderly
person's offense or violation of any ordinance relating to canvassing,
soliciting and/or peddling and, if so, when, where and the nature
of the offense.
(g)
Whether any motor vehicle will be used in connection with the
canvassing, soliciting or peddling and, if so, the make, year, color,
type and license plate number; and a photocopy of a valid driver's
license for each proposed driver.
(h)
A physical description of the applicant, including age, weight
and height.
(i)
If the applicant intends to bring along a trainee, that person's
information must be provided.
(2)
In the case of transient merchants, the application shall also set
forth that information required pursuant to N.J.S.A. 45:24-4.
C.
The application shall be accompanied by a letter or other written
statement from the individual, firm or corporation employing the applicant
certifying that the applicant is authorized to act as the representative
of the individual, firm or corporation.
D.
The application shall be accompanied by three passport-size photographs of each person who will be canvassing, soliciting or peddling for the applicant. Upon approval of the license, one such photograph shall be affixed to a license/badge issued by the Township Police Department; one such photograph shall be affixed to the license issued; and the other photograph shall be retained by the Police Department. In the alternative, the applicant may request the Police Department to take such photographs and pay the additional fee set forth in Chapter 79 of the East Hanover Code.
[Amended 8-6-2018 by Ord.
No. 11-2018; 6-3-2019 by Ord. No. 8-2019]
When the application is properly completed and signed by the
applicant and all accompanying information and payments are provided
and/or received by the Township Clerk, the Chief of Police shall investigate
the statements made therein, as well as the information provided,
and approve or disapprove the application within seven days. If, as
a result of such investigation, the Chief of Police determines that
the applicant's business or moral character is such as would
create a threat to the health, welfare and safety of the residents
of the Township if the applicant were able to conduct the business
regulated under the provisions of this chapter, the Chief of Police
shall state on the application the facts upon which the determination
referred to above was based and return the application to the applicant.
In addition to the filing of the completed application
form referred to in the preceding section, an applicant for a transient
merchant's license shall also fully comply with all of the provisions
of N.J.S.A. 45:24-1 et seq., as amended and supplemented, before his/her
application shall be considered.
[Amended 8-6-2018 by Ord.
No. 11-2018; 6-3-2019 by Ord. No. 8-2019]
A.
Upon approval of the application and payment of the required fees,
the Township Police Department shall issue to the applicant a license/badge,
which license shall be in the form of a writing bearing the name and
photograph of the licensee, the purpose for which the license was
issued, the date of expiration and the signature of the Chief of Police
or designee. All license fees must be paid prior to obtaining the
license/badge. All checks must be made payable to the "Township of
East Hanover."
B.
Every person licensed pursuant to the provisions of this chapter
shall carry the license at all times while engaged in the trade or
occupation in the Township. Every licensee shall produce the license/badge
at the request of any officer of the Township.
C.
All licenses/badges shall be valid for a period of one calendar year.
Licenses of transient merchants, however, will be in accordance with
N.J.S.A. 45:24-3. It is requested that all expired licenses/badges
be returned to the Township Police Department.
[Amended 6-3-2019 by Ord. No. 8-2019]
A.
If the applicant is denied a license, the Chief of Police shall set
forth, in writing, his reasons therefor, which statement or reasons
shall be submitted to the applicant.
B.
If the applicant is dissatisfied with the decision of the Chief of
Police, he/she may appeal that decision to the Township Council by
requesting a hearing, in writing, and filing the request with the
Township Clerk within 10 calendar days of the receipt of said refusal
by the applicant. Said hearing shall be scheduled by the Council and
shall be conducted by the Council at its next regularly scheduled
meeting not fewer than three calendar days following the filing of
the appeal with the Clerk. After the hearing, the Township Council
shall, by majority vote, either affirm or overrule the decision of
the Chief of Police. If the decision is affirmed, no license shall
issue; if the decision is overruled, the Township Police Department
shall issue the license on the next business day following the decision
of the Township Council.
[Amended 6-3-2019 by Ord. No. 8-2019]
Every licensee shall be required to display the license/badge provided pursuant to § 118-3D on his/her outside clothing so that it is clearly visible while engaged in the business licensed.
[Amended 3-11-2002 by Ord. No. 4-2002; 8-6-2018 by Ord. No. 11-2018; 6-3-2019 by Ord. No. 8-2019]
A.
At the time an application is filed, the applicant shall provide
a check made payable to the "Township of East Hanover" to the Township
Clerk for the nonrefundable application fee in the amount of $25 for
the processing and investigation of the application for one person.
An additional application fee of $25 is required for each additional
representative operating under this license. Applicants who are exempt
from the fees in this section do not pay.
B.
Once the application is approved, the applicant shall provide a check
made payable to the "Township of East Hanover" to the Township Police
Department a license fee in the amount of $25 for the badge, which
includes one person with one automobile, vehicle or other type of
travel. An additional license fee of $25 is required for each additional
representative operating under this license. Applicants who are exempt
from the fees in this section do not pay.
C.
The following persons are expressly exempt from the payment of any
of the aforementioned fees for canvassing, peddling or solicitation
licenses:
(1)
Non-profit-making vendors.
(2)
Any persons, honorably discharged from the military service of the
United States, possessing a peddler's license issued pursuant
to N.J.S.A. 45:24-9 and 45:24-10.
(3)
Any person who is an exempt firefighter, as defined by N.J.S.A. 45:24-9
and 45:24-10, possessing a license in conformity with said law.
(4)
Any public utility division or its employees, which public utility
is subject to regulation by the State of New Jersey Board of Public
Utility Commissioners; provided, however, that such employees shall
display the identification badge or card issued by their employer.
(5)
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 prior agreement.
(6)
Anyone under 17 years of age.
(7)
Rescue Squad member.
D.
Any person claiming an exemption pursuant to Subsection C of this section shall indicate on the application the status claimed. An exempt firefighter or veteran, pursuant to N.J.S.A. 45:24-9 and 45:24-10, shall exhibit to the Chief of Police or officer in charge a copy of the license issued by the Clerk of the County, pursuant to N.J.S.A. 45:24-10.
E.
The license fee for transient merchants shall be the maximum provided
by law, pursuant to N.J.S.A. 45:24-3.
[Amended 8-6-2018 by Ord.
No. 11-2018]
A.
Licenses issued under this chapter may be revoked by the Chief of
Police, after notice and hearing before the Township Council, for
any of the following causes:
(1)
Fraud, misrepresentation or false statement in the application for
the license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the licensed business or solicitation in the Township.
(3)
Any violation of this chapter.
(4)
Conviction of a crime involving moral turpitude or of a violation
of any ordinance concerning soliciting, peddling or canvassing; or,
in the case of transient merchants, a conviction of a crime involving
moral turpitude or violation of any of the provisions of N.J.S.A.
45:24-1 et seq. or this chapter.
(5)
Conducting the licensed business or solicitation in the Township
in an unlawful manner or in such a manner as to constitute a menace
to the health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be given
personally or mailed, certified, return receipt requested, to the
licensee at his/her last known address at least five calendar days
prior to the date set for the hearing.
C.
Such license may, pending revocation proceedings, be suspended for
not more than 10 days by the Chief of Police if, in his/her opinion,
the conduct of the licensee is detrimental to the health, safety and
welfare of the Township.
[Amended 8-6-2018 by Ord.
No. 11-2018; 6-3-2019 by Ord. No. 8-2019]
Canvassing, soliciting and peddling are prohibited on Sundays
and holidays, and before 9:00 a.m. or later than 9:00 p.m. on all
other days, unless a specific waiver was obtained and is expressly
set forth on the license/badge.
[Amended 3-11-2002 by Ord. No. 4-2002; 6-3-2019 by Ord. No. 8-2019]
Unless expressly permitted by action of the Township Council
and is expressly set forth on the license/badge, solicitation or peddling
for more than one hour in one location within any twenty-four-hour
period, commencing at 12:01 a.m., is specifically prohibited. Any
interruption or removal of equipment, vehicles, and/or wares during
any twenty-four-hour period shall not constitute the commencement
of a new sixty-minute period.
[Amended 6-3-2019 by Ord. No. 8-2019]
A.
Canvassers, solicitors and/or peddlers shall respect the requests
of all residents who post "No Soliciting," "No Trespassing" or signs
carrying a similar message from entering onto the property of that
resident; or at any of the properties registered on the Township website
and requested not to be contacted. The list of those properties is
available from the Township Clerk or from the Township website at
http://www.easthanovertownship.com and should be checked daily. It
is the responsibility of the person or business to obtain a copy of
the No Knock List from the website or the Township Clerk. There is
no fee for obtaining this list.
B.
All residents of the Township of East Hanover may register their
name, address and/or unit/apartment number on the Township website
at http://www.easthanovertownship.com to be placed on the No Knock
List indicating that they do not want solicitors, canvassers and/or
peddlers to approach their homes. It is a violation of this chapter
for any solicitors, canvassers and/or peddlers to disregard this request
and approach the home if that residence is registered on the No Knock
List. Registration on the No Knock List shall expire five calendar
years following the end of the calendar year of registration unless
renewed accordingly.
[Added 3-11-2002 by Ord. No. 4-2002;
amended 8-6-2018 by Ord. No. 11-2018; 6-3-2019 by Ord. No. 8-2019]
A.
No peddler or solicitor shall apply that person's activity at
any location on a public property without first having been granted
a concession to do so, and such concession shall specifically set
forth the location upon said property at which the activity may be
conducted.
B.
The Township Council shall determine the number and type of concessions
to be granted for each location.
A.
As to canvassing, solicitation and peddling licenses,
this chapter shall not apply to the following upon submission of applicable
identification and documents to support the claim to exemption:
(1)
Any charitable, philanthropic or religious organization
or society, as defined by state or federal law.
(2)
Any historical organization, as defined in N.J.S.A.
45:24-7.
(3)
Candidates for public office and persons accompanying
such candidates.
(4)
Any recognized school, political or civic organization,
benevolent society, service club or organization not-for-profit which
is located in the Township or has a majority of its members from the
Township.
(5)
Anyone distributing literature, handbills, pamphlets
and the like from person to person in any public forum, such as a
public park or sidewalk; but nothing in this chapter shall be construed
to have any effect upon enforcement by the police of traffic laws
or other laws in the event that there is a violation of any such laws.
B.
Exemptions from the licensing requirements for transient
merchants, N.J.S.A. 45:24-1 et seq., shall be in accordance with N.J.S.A.
45:24-7.
[Amended 8-6-2018 by Ord.
No. 11-2018; 6-3-2019 by Ord. No. 8-2019]
Any canvasser, solicitor, peddler, transient merchant, and/or
the owner or employee or representative of any canvasser, solicitor,
peddler, transient merchant who violates any provision of this chapter
shall be:
A.
Subject to a minimum of $250 and a maximum of $1,250 ordinance violation
fine; and
B.
Subject to a one-year revocation of any license granted under this
chapter; and
C.
Ineligible to receive a new license for a period of one year coinciding
with the terms of the one-year revocation set forth in Subsection
A(2).
D.
The minimum penalty for a subsequent conviction will be a fine of
$500 or by imprisonment for a term not exceeding 90 days, or both.
