[HISTORY: Adopted by the Township Council of the Township
of Washington as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Fees — See Ch. 212.
[Adopted 6-3-1985 by Ord.
No. 85-5 as Ch. 167, Art. I, of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A person who goes from house to house on public thoroughfares
or in public places, disposing of circulars, posters, pamphlets, newspapers
and other forms of advertising matter.
A person who sells or collects goods, the proceeds of which
are devoted exclusively to the purpose of a philanthropic, charitable
or religious society on whose behalf he acts as an agent.
A person, commonly referred to either as a "peddler" or "hawker,"
who goes from place to place by traveling on the streets or from house
to house and carries with him goods, wares and merchandise for the
purpose of selling and delivering them to customers.
Any individual, firm, partnership, corporation, voluntary
association, incorporated association or agent thereof.
A person, also known as a "canvasser," traveling either by
foot, motor vehicle or other motorized conveyance, bicycle or other
human-powered conveyance, or any other type of conveyance, from place
to place, from house to house or from street to street, to take or
attempt to take orders for the 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 such person has, carries or exposes for sale a sample of the subject
of the sale, and whether or not such person accepts an advance payment
for the goods. Included in the definition of "solicitor" is any person
taking a poll or a survey from house to house on the streets, or soliciting
the sale, lease or other disposition of a house or real property.
[Amended 11-13-2017 by Ord. No. 17-19]
[Amended 11-13-2017 by Ord. No. 17-19]
The purpose of this article is to prevent crime, invasion of
privacy, and dishonest business practices by the regulation of the
conduct of solicitors, non-profit-making vendors and distributors,
and the fee therefor is estimated to cover the expenses involved and
not for revenue purposes, and by the imposition of license fees for
revenue upon peddlers.
A.
It shall be unlawful for any peddler, non-profit-making vendor or
solicitor to sell, buy or dispose of or offer to sell or dispose of
any goods, wares, merchandise or service to be rendered in the future
or to take orders for any goods, merchandise, wares or service to
be rendered in the future within the Township of Washington without
first obtaining a license therefor.
B.
The requirements of this article, insofar as the same shall apply
to fees, shall be held not to include the following persons, who are
expressly exempt from its application:
(1)
Any person selling fruits, vegetables and farm products grown by
himself, with or without the help of others.
(2)
Any person honorably discharged from the military, naval or marine
forces of the United States, possessing a peddler's license issued
in conformity with N.J.S.A. 45:24-10 and the amendments thereof.
(3)
Any nonprofit vendor.
(4)
Any person who conducts a sale pursuant to statute or court order.
(5)
Any person who is an exempt member of a volunteer fire department
as defined by N.J.S.A. 45:24-9b, possessing a license issued in conformity
with said law and the amendments thereto.
C.
This article shall not apply to any political, civic or fraternal
organizations.
D.
This article shall not apply to any newspaper delivery carriers.
It shall be unlawful for any person to distribute or cause to
be distributed to the occupant of any house, unless the same has been
previously ordered, or place or cause to be placed in or on any premises
or in any automobile, or hand to any person on the street or attach
to any tree, pole, sign, billboard, fence or building except where
located on the premises of the distributor, or issue any card, circular,
pamphlet, newspaper, papers or other publication or any form of advertising
matter unless said person shall first obtain a license therefor. Every
person distributing any card, circular, pamphlet, newspaper, paper
or other publication or any form of advertising matter shall do so
in a manner to avoid the littering and scattering of papers and shall
comply with the rules and regulations pertaining thereto established
by the Mayor and Township Council.[1]
Any person desiring to obtain a license for the purpose heretofore
mentioned in this article shall apply therefor in writing to the Chief
of Police of the Township on an application blank containing pertinent
and relative information and comply with the provisions thereof.
When said application is properly filled out and signed by the
applicant, it shall be presented to the Chief of Police, whose duty
it shall be to investigate the statements made therein, and a period
of not more than three days shall be allowed for such investigation,
whereupon the Chief of Police will indicate his approval or disapproval
upon the application. When a fee is required under this article, the
application, bearing the approval of the Chief of Police, shall be
presented by the applicant to the Township Chief Financial Officer,
to whom the fee shall be paid. The Chief Financial Officer shall acknowledge
receipt of the fee in writing upon the application, which shall be
returned by the applicant to the Chief of Police.
In case of disapproval of an application by the Chief of Police,
the applicant may appeal to the Mayor and Township Council, whereupon
opportunity will be granted for hearing reasons for and against the
issuance of a license. The decision of the Mayor and Township Council
shall be final.
A separate license must be obtained by a licensed peddler for
every agent or employee working for him unless such agent or employee
is selling goods from the same wagon or vehicle that the licensed
peddler is selling from, but no more than two employees shall sell
from the same wagon or vehicle without a separate license.
It shall be the duty of the Chief of Police to issue licenses
in cases where the provisions of this article have been complied with.
Licenses, except daily licenses, will expire on December 31 of each
year and will be in the form of a card bearing the name of the licensee,
the purpose for which it is issued, the date of expiration and the
signature of the Chief of Police and seal of the Township of Washington
Police Department. The Chief of Police shall issue with each solicitor's
license a badge about three inches in diameter, numbered and bearing
the name of the Township and the word "solicitor" or other suitable
inscription. Upon the issuing of the badge, a deposit of $1 shall
be collected as security for the return thereof at the expiration
of the said license. The licensee to whom such badge is issued shall
wear the same conspicuously upon his person at all times. A similar
badge shall be issued to all distributors and non-profit-making vendors,
with the proper description of their classification thereon.
The Chief of Police shall issue with each peddler's license
a metal plate bearing the words "Licensed Peddler, Township of Washington,"
together with the number and year for which it is issued. All automobiles,
wagons, carts or other vehicles used for peddling shall have affixed
thereon the same metal plate.
A.
All licenses shall be issued on forms drawn in accordance with this
article and consecutively numbered. All badges shall be consecutively
numbered. It shall be the duty of the Chief of Police to keep a bound
record book entitled: "Solicitor's, Distributor's, Non-Profit-Making
Vendor's and Peddler's Record." In this record shall be
entered the following information: date of issuing licenses, to whom
issued, address, purpose, fee paid, license plate, badge issued, remarks.
B.
Every person holding a license under this article shall be required
to carry the license with him. He must produce the license at the
request of any official or householder of the Township of Washington.
[Amended 6-3-1985 by Ord.
No. 85-5]
It shall be the duty of the Chief of Police to incorporate,
as a part of his monthly report to the Director of Public Safety,
the number of licenses issued and fees paid for all licenses.
The Mayor and Township Council may revoke any license for sufficient
cause after giving notice to the holder thereof and an opportunity
to be heard.
[Amended 5-17-2004 by Ord. No. 04-6; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II]
The annual and daily license fees for solicitors, distributors and peddlers are set forth in Chapter 212, Fees.[1]
[1]
Editor's Note: Original § 15-15 of the 1967
Township Code, Violations and penalties, which followed this section,
was repealed 6-2-1985 by Ord. No. 85-5.
[Added 11-13-2017 by Ord.
No. 17-19]
A.
Any owner
or occupant of real property within the Township of Washington who
desires that solicitors, peddlers, distributors and non-profit-making
vendors be restrained from soliciting such owner or occupant may enroll
in a "no knock" registry to be created and maintained by the Township
Clerk (the "registry"). The registry shall be updated as enrollments
are added, and a current registry shall be provided by the Township
Clerk to the Chief of Police.
B.
Upon issuance
of a license under this article, the Chief of Police, or his designee,
shall furnish to the licensee the most current registry provided by
the Township Clerk, and the licensee shall personally acknowledge
receipt of the registry, such acknowledgment constituting notice of
the contents of the registry.
C.
No solicitor, peddler, distributor or non-profit-making vendor issued a license under this article shall enter upon any property listed on the registry, nor attempt to contact or communicate with any owner or occupant of said property or invitee thereof. Any licensee violating the provisions of this section shall be punishable by a fine and/or imprisonment as prescribed in § 1-1 of the Code.
[Adopted 4-5-1999 by Ord.
No. 99-3 (Ch. 167, Art. II, of the 1985 Code)]
Organizations which qualify as charitable organizations under
the Internal Revenue Code and as defined in N.J.S.A. 45:17A-20 shall
be permitted to solicit charitable contributions on the roads running
through the Township, provided that such organizations comply with
the provisions set forth hereafter. No solicitations for charitable
contributions shall be permitted on any county road or intersection
thereof without the approval of the Bergen County Board of Chosen
Freeholders (the Freeholder Board). No solicitations for charitable
contributions shall be permitted on any New Jersey State highway or
intersection thereof without the approval of the New Jersey Department
of Transportation (NJDOT).
Solicitations by charitable organizations shall be permitted
only at signalized intersections or when the existing traffic control
device causes temporary interruption in the flow of normal traffic.
No solicitation shall be permitted without the charitable organization
having first obtained all requisite permits and approvals from the
Township of Washington hereunder, the Freeholder Board and NJDOT,
where applicable. A charitable solicitation permit from the Township
of Washington shall be the subject of a written application submitted
to the Police Chief who may prescribe the form of such application
and amend same from time to time. Applications for a charitable solicitation
permit shall be filed with the Police Chief no later than 30 days
prior to the requested commencement date for charitable solicitations.
Any person who, after the issuance of a charitable solicitation
permit by the Police Chief, engages in charitable solicitation in
accordance with such a permit shall comply with the following requirements:
A.
All solicitation permits required for charitable solicitation activities
shall be in the possession of one designated responsible person on
scene at all times when charitable solicitation activities are occurring.
B.
Each person soliciting charitable contributions on behalf of a charitable
organization shall be at least 18 years old.
C.
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
D.
Solicitation shall not cause the stoppage of traffic or impede the
flow of traffic. Traffic must be stopped before solicitation may occur
and shall cease when traffic is moving. Use of flagmen shall be prohibited.
E.
The charitable organization shall be responsible for cleaning up
any debris from the roads and adjoining areas.
F.
Solicitation shall only be permitted during daylight hours.
G.
Enforcing agencies of Bergen County and NJDOT, as well as members
of the Township Police Department, may suspend solicitation operations
at any time if any condition of the permit is violated, or, in the
police officer's or the agency's sole discretion, traffic
is being impeded or delayed or the public safety is at risk.
H.
Solicitors shall not drink alcoholic beverages, use controlled dangerous
substances or be under the influence thereof when soliciting. Solicitors
shall not harass the public.
I.
Solicitation shall conform to the locations, dates, duration and
times of charitable solicitation as approved by the Police Chief and
as reflected in the charitable solicitation permit issued by the Police
Chief to a charitable organization.
J.
All solicitors shall wear safety vests that are in accordance with
the standards of the NJDOT.
K.
No solicitor shall install any traffic control device, and the parking
of vehicles of solicitors shall comply with all applicable traffic
regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
L.
Signs advertising charitable solicitations shall be permitted, provided
that such signs must be of a temporary construction, be of a breakaway
nature to the extent possible and shall be no larger than three feet
by three feet.
M.
At least two warning signs shall be placed at all approaches where
charitable solicitations occur. The first sign shall be placed at
least 500 feet ahead of the solicitation approach, and one sign must
identify the name of the charitable organization soliciting. Signs
shall not be permitted in the traveled way or in medians less than
eight feet in width. All signs, warnings, noticing and advertising
of solicitation shall be removed immediately following each solicitation
activity.
Any person guilty of violating any provision hereof shall be
liable for a fine not to exceed $100 for each day of such violation.
