[Amended 8-12-2019 by Ord. No. 2019-13]
As used in this chapter, the following terms shall have the meanings indicated:
- An individual representing one's self or any business, firm, partnership, corporation, organization, club or association.
- PEDDLE or SOLICIT or CANVASS
- The act of going from door to door or house to house within this Township without prior express invitation or request from the occupant of the premises at which the call is made, or going from place to place within the Township of Bordentown for any purpose or in any fashion, including but not limited to the vending, selling, offering for sale, distribution, dissemination or delivery of goods, food products, wares, merchandise or services, or written, oral or recorded intelligence or communication or invitation of any kind, including ringing of a bell, buzzer or alarm, or requesting, inviting or taking orders or subscriptions for present or future delivery or furnishing of any such things or matters; or for the purpose of making canvasses, surveys or the like or doing any other act which is commonly comprehended within the terms "peddling," "soliciting" or "canvassing."
- Any person, firm, partnership, corporation, organization, club or association or any principal or agent thereof.
No person shall peddle, solicit or canvas, as defined in this chapter, from door to door or place to place within this Township without first obtaining a license by filing an application, paying a license fee and obtaining said license in compliance with the provisions of this chapter.
The following persons engaged in door-to-door activity are exempt from obtaining a license from the Township:
Any person who sells goods, the proceeds of which are devoted exclusively to the purpose of a philanthropic, charitable or religious society on whose behalf the person acts as an agent, with or without pay.
Any person intending to distribute noncommercial or not-for-profit handbills, pamphlets, leaflets, circulars advertisements of printed material.
Campaigning for any elected public office or public question which is to be voted upon in the Township at a general, special, primary, fire or school board election or in a national or state election;
Distributing handbills, pamphlets, leaflets, circulars advertisements of printed material with respect thereto; or
Otherwise engaging in political speech.
Any person engaging in the advocacy of noncommercial or not-for-profit causes, whether or not in connection with a larger organization, or engaging in spontaneous speech, including, but not limited to, speech between neighbors.
Any person who holds a valid license issued pursuant to N.J.S.A. 45:24-9 et seq.
Any person holding a solicitation license or permit issued under any legislation of the United States government or by a state agency pursuant to statute.
An organization or person, for profit or nonprofit, that is only delivering flyers, brochures, leaflets and other such similar materials, wherein there is no solicitation of moneys or funds from the property owners or other persons.
Nothing in this section shall be construed as exempting the persons listed in Subsection B above from compliance with the provisions of this chapter that do not deal with or relate to licenses, including, but not limited to, the provisions set forth in §§ 5.44.060, 5.44.070, 5.44.080 and 5.44.090.
Applicants as defined by this chapter must file with the Township Clerk a sworn application, in writing, which shall provide the following information at a minimum:
Name and physical description of the individual applicant.
Complete permanent home and local address of the applicant.
Description of the nature of the business and the goods, services or wares to be sold.
If employed by another person or company, the name, address and contact information of the employer, together with the credentials therefrom establishing the exact relationship.
The length of time for which the right to do business is desired and the days of the week and the hours of the day within which said business will be conducted.
The source of supply of the goods, food, property or services proposed to be sold, where such goods, food, services or products are located and the method of delivery.
Appropriate 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.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, where and when so convicted, the nature of the offense and the penalty, if any.
Fee. At the time application is made, the applicant shall pay to the Township of Bordentown a nonrefundable application fee in the amount of $75 for each year or a fraction thereof. All licenses shall terminate at the close of December 31 of the year in which they are issued.
No license shall be issued until the application has been approved by the Bordentown Township Police Department, allowing adequate time for its investigation and review of the fingerprinting results. If the investigation and/or fingerprint results indicated that an applicant has been convicted of an offense involving moral turpitude or that the application information is false or misleading in any material respect or that the applicant's moral character or business responsibility or record of other offenses is of such a nature as to present danger to public good, safety or welfare, the Chief of Police or his or her designee shall deny the application and note the findings on the application. No license will be issued.
Upon approval by the Bordentown Township Police Department, the applicant will be scheduled to appear at the Police Department for the applicant to be issued a photo identification badge which serves as the license.
At the time that the photo identification badge serving as the license is issued, licensees shall be provided a sample of the Township of Bordentown "No Knock" sticker and a copy of this chapter.
Every license shall apply only to the person to whom it was issued, and no license shall be transferable.
Any person whose application for a license has been denied by action of the Chief of Police, the Township Clerk or their designee may file an appeal with the Township Clerk within 15 days after the action to be heard by the Township Committee. The Township Committee will rule on the appeal within 30 days after the appeal is filed. In deciding the appeal, the Township Committee will consider the sworn testimony of the denied applicant, the Chief of Police, the Township Clerk and other witnesses whose testimony would be relevant to the issue before the Township Committee.
Every person engaged in peddling, soliciting or canvassing or like activities as defined in this chapter in the Township of Bordentown shall conduct himself or herself according to the following provisions which are hereby established as a "Code of Conduct for Peddlers, Solicitors and Canvassers" in the Township of Bordentown:
The person shall not enter or remain upon any resident's property, whether rented or owned, upon which it is posted that solicitors are not permitted or notice of similar content.
All persons subject to licensing under this chapter shall display the photo identification badge issued by the Police Department in a visible manner.
The person shall not enter or attempt to enter any dwelling unit without express invitation from the occupant therein.
The person shall immediately leave the resident's property upon request by the resident to do so.
The person shall not indicate that the Township endorses or sponsors any of the views expressed or the organization for which support or contribution is sought.
The person shall not make false claims, misrepresentations or materially incorrect statements concerning the solicitation, organizations represented or the use to be made of the amount solicited.
The person shall not engage in any course of alarming conduct or engage in conduct so as to alarm or seriously annoy the occupant of the dwelling.
The person shall not engage in any conduct that is prohibited by any statute, regulation or ordinance in effect in the Township of Bordentown.
Persons shall not distribute obscene merchandise or printed material or printed material that advocates unlawful conduct.
No person peddling, soliciting, canvassing or distributing printed material shall litter the streets or cause the littering of streets, public places or property within the Township with any merchandise or printed material.
Any person or organization receiving money or any other thing for a value of $1 or more from any contributor under a solicitation made pursuant to this chapter shall give to the contributor a written receipt signed by the solicitor, showing the date and the amount received, provided that this section shall not apply to any contribution collected by means of a closed box or receptacle used in solicitation where the use thereof has been approved by the Township in accordance with this chapter where it is impractical to determine the amount of each contribution.
When soliciting contributions for charitable purposes, the person shall verbally advise the prospective donee of the percentage of the funds received and/or collected by the organization which are used directly for the purposes or cause stated for the collection and the percentage of such funds used indirectly to support the purpose or cause stated, i.e., used for administrative expenses, related causes, etc. In addition, he/she shall also present to the prospective donee a pamphlet or other written documents prominently setting forth the above-stated information.
No person shall go upon any property or create any sound in a manner calculated to attract the attention of any occupant of a residence on which is posted a sign expressly prohibiting such activity.
Peddling, soliciting and canvassing as well as other like activities are limited to the hours between 10:00 a.m. and 7:00 p.m.
No licensed or unlicensed peddler, solicitor or canvasser shall peddle, solicit or canvas at any property when barred by the resident by a sign with words to the effect that peddlers, solicitors or canvassers are not invited or are prohibited.
In an attempt to allow residents to be free from door-to-door solicitations, residents may elect to display prominently on their outermost front doors an official "No Knock" sticker issued by the Township Police Department that signifies that the residents do not wish to be disturbed by any knocking on their doors or ringing of their doorbells.
No licensed or unlicensed peddler, solicitor or canvasser shall knock on the door or ring the doorbell of any residence upon which a "No Knock" sticker is so affixed. At the time that the license is issued as set forth in § 5.44.040 above, the individual shall be provided a sample of the Township "No Knock" sticker and a copy of this chapter.
Peddling, soliciting or canvassing or any like activities conducted at a property at which a "No Knock" sticker is posted shall constitute a violation.
No person shall stand in the roadway of the Township, county or state, impeding or delaying the progress of a vehicle for the purpose of soliciting the purchase or goods, merchandise or tickets or for the purpose of soliciting contributions for any cause unless approved by the Township Committee by way of resolution.
Any person desiring to engage in the aforementioned activities shall apply, in writing, to the Township Clerk at least 30 days prior to the event or times of solicitation, setting forth the name and address of the organization and responsible individuals, location of the proposed activities, date and time of the proposed activities and purpose.
A report will be created in conjunction with the Bordentown Township Police Department to be delivered to the Township Committee by way of the Township Administrator.
The Township Committee shall review the report and determine whether to approval or disapprove the requested in activity with whatever conditions may be deemed appropriate.
No resolution shall take effect with respect to county or state roadways unless the County Board of Chosen Freeholders or the Commissioner of Transportation shall approve the same.
Any license issued under the terms of this chapter by the Township of Bordentown may be revoked by the Chief of Police or the Township Clerk by a fair preponderance of the evidence for any of the following reasons:
Fraud, misrepresentation or other dishonesty in the conduct of licensed activity.
A violation of any provision of this chapter.
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor of disorderly person's offense involving moral turpitude.
Conduct of the licensed activity, whether by the licensee himself or herself or his or her agents or employees, in an unlawful manner or such a manner as to constitute a breach of the peace or a menace to the public health, safety or general welfare.
Upon revocation of the license, the former licensee may file an appeal with the Township Clerk within 15 days after the action to be heard by the Township Committee. The Township Committee will rule on the appeal within 30 days after the appeal is filed. In deciding the appeal, the Township Committee will consider the sworn testimony of the former licensee, the Chief of Police, the Township Clerk and other witnesses whose testimony would be relevant to the issue before the Township Committee.
Any person required by this chapter to procure a license who fails to obtain a license or otherwise violates or fails to comply with the terms of the license or any provision of this chapter shall be subject to a fine up to $500.
Any person exempt from licensing under § 5.44.020B who fails to comply with §§ 5.44.060, 5.44070, 5.44.080 or 5.44.090 shall be subject to a fine up to $500.