[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Loitering; peace and good order — See Ch. 259.
[Adopted 12-2-1976 by Ord. No. 160; amended in its entirety 10-7-1993 by Ord. No.
411 (Ch. 75, Art. I, of the 1977 Township Code)]
This article is adopted with the intent to regulate the distribution
of certain materials, peddling, soliciting and related activities
within the Township of Upper Deerfield, and the registration of persons
engaged in such activities is necessary so that the identity of persons
going from door to door or distributing materials within the municipality
may be established; so that general regulations may be more effectively
enforced for the protection and maintenance, health, safety and welfare
of the inhabitants of the Township; and to prevent dishonest business
practices and dishonest solicitation of funds.
As used in this article, the following terms shall have the
meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Township any newspaper, periodical,
books, magazines, handbill, circular, card or pamphlet or printed
material of any kind.
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed materials, farm products, services
and orders or contracts for services, home improvements or alterations,
and anything that may be sold or distributed by peddlers, solicitors
or distributors, as defined herein.
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,
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker" and "huckster."
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,
traveling by foot, automotive vehicle or any other type of conveyance,
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 he is collecting advance
payments on such sales or orders, who engages in any of the foregoing
activities from a stationary location on any street or other public
place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door, as described above, for
the purpose of soliciting and/or who collects funds from a stationary
location on any street or other public place.
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor," who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
It shall be unlawful for any peddler, solicitor, distributor
or transient merchant to sell, offer for sale or distribute merchandise,
printed material or services within the Township without first registering
with, filing an application for registration, paying a registration
fee and obtaining a registration certificate from the Township of
Upper Deerfield.
Upon obtaining a registration certificate as hereinafter provided,
a peddler, solicitor, distributor or transient merchant may conduct
his activities within the Township only as long as he adheres to the
regulations as set forth herein and carries the registration certificate
upon his person at all times during the conduct of his activities.
The registration certificate shall identify the person and the type
of activity for which he has registered and shall be shown to any
person or police officer upon request. All certificates shall expire
December 31 of the calendar year in which they are issued.
Every applicant for a certificate under this chapter shall file
with the Township Clerk a sworn written application, on a form to
be furnished by said Clerk, which shall give or be accompanied by
the following information or documents:
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 certificate is desired.
F.
If a vehicle is to be used, a description of such vehicle and its
license number.
G.
The place where the merchandise or services 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.
A statement as to whether the applicant has been convicted of any
indictable offense, the nature of the offense, and the punishment
or penalty assessed therefor.
The Township Clerk or other person designated by resolution
of the Township Committee may make such investigation as he shall
deem necessary under the circumstances to verify information set forth
in the application for registration.
A.
If an application is found satisfactory by the Township Committee,
the Township Clerk shall issue a registration certificate addressed
to the applicant to conduct the business applied for upon payment
of the proper fee by the applicant. Such certificate shall contain
the signature of the issuing officer and shall show the name, address
and photograph of the applicant, the type of business (peddler, solicitor,
distributor or transient merchant) the applicant has registered for,
the kind of goods or services to be sold thereunder, the date of issue,
the length of time the certificate shall be operative, and the license
number and other identifying description of any vehicle used in the
activity licensed.
B.
If an application is found unsatisfactory by the Township Committee,
the Township Clerk shall notify the applicant by mail within 10 days
after application is made that the application is disapproved and
shall deny the applicant any registration certificate.
A.
At the time of the issuance of a registration certificate, a fee
of $50 shall be paid by the applicant to cover the costs of investigation
and the administration and enforcement of this chapter.
B.
Where an organization has several agents peddling, soliciting or
distributing merchandise or printed material, each agent shall be
registered separately and each shall pay the appropriate fee. Upon
expiration of a certificate, a new certificate will be issued upon
compliance with all provisions of this chapter and the payment of
fees.
Any person aggrieved by the action of the Township Clerk in
the denial of a certificate as provided in this chapter shall have
the right to a hearing before the Township Clerk. Such hearing 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 hearing request. The Township Committee shall set a time and place
for hearing, and notice of such hearing shall be given to the applicant
in the same manner as provided in this chapter for notice of hearing
on revocation. The decision of the Township Committee on such appeal
shall be final and conclusive.
A.
Certificates issued under the provisions of this chapter may be revoked
by the Township Committee after notice and hearing for any of the
following causes:
(1)
Fraud, misrepresentation or a materially incorrect statement contained
in the application for a certificate.
(2)
Fraud, misrepresentation or a materially incorrect statement made
in the course of carrying on his business as solicitor, peddler, distributor
or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime involving dishonesty or moral turpitude.
(5)
Conducting the business of peddler, solicitor, distributor or transient
merchant in an unlawful manner or in such manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
B.
Notice of the hearing for revocation of a certificate shall be given
by the Township Clerk in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the holder of the certificate at the
address given on the application 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.
C.
Upon revocation, the certificate shall be surrendered to the Township
Clerk.
No person or certificate holder shall:
A.
Peddle, solicit or distribute merchandise except between the hours
of 8:00 a.m. and 9:00 p.m., unless specifically having been invited
into a house by the occupant or having made an appointment with a
person previously.
B.
Attempt to peddle, solicit or distribute merchandise or printed materials
without first having identified himself as a peddler, solicitor or
distributor registered with the Township and displaying his certificate.
C.
Have exclusive right to any location in the public streets or operate
in any congested area where his operations might impede or inconvenience
the public.
D.
Conduct himself in such a manner as to become objectionable to or
annoy an occupant of any house.
E.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or -amplifying device upon any of the streets, parks or public places
of the Township or upon private premises, where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon the streets, avenues, parks or other public places of the
Township or upon private premises, for the purpose of attracting attention
to any merchandise or services.
F.
Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
G.
Litter the streets, public places or properties within the Township
with any merchandise or printed material.
The following persons or organizations are exempt from the payment
of a fee and the application and/or investigation procedure, upon
compliance with all other provisions of this chapter and submission
of applicable identification and documents to support the claim to
exemption:
A.
Any charitable or religious society that shall conduct sales of personal
property when the proceeds thereof shall be applied to the payment
of the expenses thereof and to the charitable or religious object
for which the society exists.
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 in 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 employees shall display the identification
badge or card issued by their employer.
E.
Any person selling fruits and farm products grown by himself, with
or without the help of others.
F.
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.
G.
Any school, political, religious or civic organization, benevolent
society, service club or organization which is conducted not for profit.
Any person who violates or fails or neglects to comply with
any of the provisions of this article shall, upon conviction thereof,
be subject to a fine or penalty of not more than $500 or imprisonment
for a term not to exceed 90 days, or both, in the discretion of the
court. Each and every time a violation is committed or permitted to
continue shall constitute a separate offense and be punishable by
a like fine or penalty.
[Adopted 10-15-1998 by Ord. No. 483 (Ch. 75, Art. II, of the
1977 Township Code)]
No person, entity or organization shall be permitted to solicit
contributions upon or in roadways within the Township of Upper Deerfield
except as hereafter set forth.
Any person, entity or organization desirous of soliciting charitable
contributions upon roadways owned and controlled by the State of New
Jersey or owned or controlled by the County of Cumberland shall be
prohibited from soliciting contribution on such roadways without first
having obtained permission and complying with all applicable requirements
of the Commissioner of Transportation as to state highways and the
County Board of Freeholders as to county highways with respect to
the solicitation of charitable contributions upon such roadways. In
the event that permission is granted by either the Commissioner of
Transportation as to state highways or the County Board of Chosen
Freeholders as to county highways located within the Township of Upper
Deerfield, then a copy of any permit or other written authorization
given to any organization, person or entity shall be filed with the
Clerk of the Township of Upper Deerfield.
Charitable solicitations by authorized charitable organizations,
as defined in N.J.S.A. 45:17A-20, may be permitted to solicit charitable
contributions upon Township roadways within the Township of Upper
Deerfield so long as such roadways do not intersect with any county
or state highways at the location where solicitations are being sought;
provided, however, that any qualified charitable organization, person
or entity shall first make application to the Township Committee of
the Township of Upper Deerfield setting forth the identity of the
organization, the purpose for which contributions are being sought,
the date, time and location of the proposed solicitation, the signage
or precautionary devices or warnings that will be utilized to warn
motorists and any and all other information as may be required by
the Township Engineer or Township Committee, as well as any and all
other required authorizations that may be necessary.
Any person who shall violate any provisions of this article
shall pay, upon conviction, a penalty not to exceed $100.
