[Ord. No. 2016-03]
As used in this chapter, the following terms shall have the
meanings indicated:
Door-to-door soliciting or soliciting by the use of circulars,
visitations, or any other means, where the canvasser or his or her
employer has not been invited or requested by the owner (as defined
below), to obtain a listing of real property or to confer with the
owner regarding a real estate transaction. This applies to private,
personal and professional activity alike.
[Ord. No. 2016-03]
Includes the words "patriotic," "philanthropic," "social
service," "welfare," "benevolent," "educational," "civic" and "fraternal,"
either actual or purported.
Includes the Chief of Police or the commanding officer in
charge of the Plumsted Township Police Department in the absence of
the Chief of Police.
Includes the words "alms," "food," "clothing," "money," "subscriptions,"
"property" and "donation," under the guise of a loan or money or property.
Includes hawkers, peddlers and salesmen, their agents, servants,
employees or representatives, who do not have or own any retail shop
or place of business in the Township of Plumsted, who, with or without
any form of container, vehicle or other conveyance, shall, on the
streets or other public places of said Township or otherwise from
door-to-door or from house-to-house, sell, cause to be sold, offer
for sale or cause to be offered for sale goods, wares or merchandise
of any description whatsoever, or who solicit funds or subscriptions
of any kind, except as hereinafter excluded.
The lessee, sublessee, assignee, managing agent or other
person having the right of ownership or possession or to sell, rent,
or lease any real property.
[Ord. No. 2016-03]
Any individual, but not a corporation, partnership, or any
form of business entity.
[Ord. No. 2016-03]
Does not include the word "charitable" as herein defined,
but shall be given their commonly accepted definitions.
Any separate living unit occupied for residential purposes
by one (1) or more persons, contained within any type of building
or structure.
[Ord. No. 2016-03]
The request, directly or indirectly, for money, credit, property,
financial assistance or other thing of value on the representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable or religious purpose.
Any event sponsored by the Township of Plumsted, including,
but not limited to, the Memorial Day Parade, New Egypt Day, Rockin'
Fireworks and Fall Fest.
[Added 12-4-2019 by Ord.
No. 2019-14]
It shall be unlawful for any person, as an itinerant salesman
or vendor, to sell, offer for sale or cause to be sold or offered
for sale within the corporate limits of the Township of Plumsted any
goods, wares or merchandise of any kind whatsoever, or to solicit
funds, subscriptions or contributions, except as herein particularly
allowed, without first having applied for and obtained a permit for
such purpose.
[Amended 12-4-2019 by Ord. No. 2019-14]
This chapter is intended to particularly exclude fees for wholesalers who are either licensed by the State of New Jersey or who have been issued a sales tax exemption permit from the State of New Jersey due to their status as wholesalers, holders of special privileges and all of the persons exempted by operation of law such as a veteran who holds such state permit. Charitable and religious organizations shall also be exempted from the fee requirements of this chapter. Those vendors participating in Township-sponsored events shall also be exempt from permit fees. An application shall be submitted in accordance with § 45-4, Permit application, without fees.
[Amended 12-4-2019 by Ord. No. 2019-14]
A.
An application for a permit as required in § 45-2 hereof shall be made to the Chief of Police upon forms provided by the Township Clerk of the Township of Plumsted. Such application shall be sworn to and filed with said Chief of Police and shall contain any and all information which the Chief of Police may deem reasonable and necessary pertaining to the applicant and to the goods, wares and merchandise intended to be sold or offered for sale or to the organization or institution for which any solicitation is to be made. The application shall include the name and address or headquarters or place of business of the person or persons applying for the permit, and if said applicant is not an individual, then the names and addresses of the applicant's principal officers and managers. It shall contain a description of the goods, wares and merchandise to be sold or the purpose for which the solicitation is being made, and the time when such solicitation shall be made, giving the dates for the beginning and ending of such solicitation.
B.
At the time of filing the application, a fee of $150 shall be paid
to the Township Clerk to cover the cost of the investigation of the
facts stated therein. If the applicant has previously applied for
a permit in the past year and a license was issued, then the application
fee stated herein shall be reduced to the sum of $50.
C.
A photo ID is required.
D.
Two letters of recommendation shall be submitted concerning the applicant's
moral character, including contact information.
E.
A certificate of insurance protecting the applicant and Township
from all claims or damages to property and bodily injury, including
death, which may arise in connection with vending business activities
is required. Said policy shall name the Township of Plumsted as an
additional insured.
F.
For food trucks, food services, or any other business that requires
a county health inspection, shall provide proof of that inspection.
G.
The completed application, along with all required paperwork, shall
be submitted four weeks prior to the event or intent to sell.
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police, who shall cause such investigation of the
applicant's business and moral character to be made as he deems necessary
for the protection of the public good.
B.
If as a result of such investigation the applicant's character or
business responsibility is found to be unsatisfactory, the Chief of
Police shall endorse on such application his disapproval and his reasons
for the same, and return said application to the Township Clerk, who
shall notify the applicant that his application is disapproved and
that no permit and license will be issued.
C.
If as a result of such investigation the character and business responsibility
of the applicant are found to be satisfactory, the Chief of Police
shall endorse on the application his approval, execute a permit addressed
to the applicant for the carrying on of the business applied for and
return said permit, along with the application, to the Township Clerk.
The Township Clerk shall, upon payment of the prescribed license fee,
deliver to the applicant his permit and issue a license. Such license
shall contain the signature and seal of the issuing officer and shall
show the name, address, the class of license issued and the kind of
goods to be sold thereunder, the amount of fee paid, the date of issuance
and the length of time the same shall be operative. The Clerk shall
keep a record of all licenses issued in accordance with state record
retention requirements.
[Amended 12-4-2019 by Ord. No. 2019-14]
Any organization or person issued a license pursuant to this
chapter shall be required to carry a copy of same when soliciting
within the Township. The person or organization shall present the
permit when requested by an authorized agent of the Township.
A.
For each permit to sell any goods, wares or merchandise, the applicant
shall pay to the Township of Plumsted the sum of $15, and said permit
shall expire one year from the date of issuance.
[Amended 5-6-2020 by Ord. No. 2020-05]
B.
No such permit shall be effective for more than one (1) person and
one (1) vehicle, but duplicate permits may be issued in like manner
for an additional fee of fifteen dollars ($15) for each additional
person who will sell any goods, wares or merchandise, and an additional
fifteen dollars ($15) for each additional vehicle being used in the
sale of said goods, wares or merchandise. No rebate shall be allowed
from any fee herein specified for a term less than one (1) year.
C.
For each permit to solicit funds or subscriptions for any duly-established
and recognized charitable or religious organization or institution,
the applicant shall not be required to pay the permit fee, but such
permit shall expire not more than forty (40) days next ensuing the
date of issuance.
D.
No selling or soliciting shall be permitted except between the hours
of 9:00 a.m. and 9:00 p.m., provided that home deliveries of milk,
bread and the like shall not be circumscribed hereby; provided, further,
that trucks peddling coffee, doughnuts and similar items to work sites
shall not be limited to the hours herein provided.
An application for a permit shall be granted or denied within
twenty-one (21) days from the date that said application is submitted
to the Chief of Police, and in the event of denial, the Township Clerk
shall notify the applicant by certified mail, setting forth the reasons
for denial. Within five (5) days thereafter the applicant may file
with the governing body a written request for a hearing on said application,
together with written exceptions to the findings of fact upon which
the Chief of Police based his denial of the application. On the filing
of such a request, the governing body shall fix a time and place for
a hearing and shall notify the applicant thereof, which hearing shall
be held within ten (10) days after the request is filed. Within ten
(10) days after the conclusion of the hearing, the governing body
shall make its decision whether to issue or sustain the denial of
said permit.
Any permit which may have been issued may be revoked and canceled
by the Chief of Police on a showing that any of the provisions of
this chapter have been violated or for other good cause. Upon learning
of the alleged violation of any provisions of this chapter, or for
other good cause, the Chief of Police shall immediately suspend the
permit and give the holder thereof written notice by certified mail
of a hearing to be held by him within five (5) days of such suspension
to determine whether or not the permit should be revoked and canceled.
The notice shall contain a statement of the facts upon which the Chief
of Police has acted in suspending the permit. If, after such hearing,
the Chief of Police finds that this chapter has been violated or other
good cause exists, he shall, within five (5) days after the hearing,
revoke the permit and give the holder thereof written notice of said
revocation and the reasons therefor; or in the absence of such finding,
the holder shall be notified within five (5) days in writing of the
termination of the suspension of the permit. In addition, any permit
which may have been issued may be revoked and canceled for a violation
of said chapter or on good cause shown on a majority vote of the governing
body at any regular or special meeting thereof after five (5) days'
written notice to the permit holder and upon affording said holder
an opportunity to be heard with respect to the reasons for such revocation
and cancellation.
A.
No person shall place in the public roads or rights-of-way, a stationary
vehicle, equipment or other structure for the purposes of selling
goods or wares.
B.
This section shall not prohibit a vendor of goods, such as ice cream,
hot dogs, etc., who sells such goods from a moving vehicle, from parking
said vehicle for a sufficient amount of time to allow said individual
to service a customer who has stopped said vehicle for the purposes
of buying said goods. However, the operator of said vehicle shall
remove said vehicle from its parked location once the sale to the
consumer has been completed.
A.
No person shall place on any private property a stationary vehicle,
equipment or other structure for the purposes of selling goods or
wares.
B.
This section shall not prohibit a vendor of goods, who sells such
goods from a moving vehicle, from parking said vehicle on private
property for a sufficient amount of time to allow said vendor to service
a customer who has stopped said vehicle for the purpose of buying
said goods, provided that the vendor has obtained the written consent
of the private property owner. The vendor must have in his possession
the written consent of the private property owner and must produce
the same upon a request from the Plumsted Township Police Department
or any other enforcement officer of the Township of Plumsted. However,
the vendor shall remove said vehicle from its parked location once
the sale to the consumer has been completed. The vendor cannot leave
his vehicle on the private property for the purpose of attracting
customers to his stationary vehicle located on private property.
C.
Failure of the vendor to have obtained the written consent of the
private property owner or the failure of the vendor to move the vehicle
once the sale to a customer has been completed shall be a violation
of this chapter.
D.
The provisions of this section shall not apply to an individual who
operates out of a fixed structure and who has obtained all of the
necessary permits and/or approvals required by the Township for the
operation of a business from a structure located on real property.
A.
Preamble. Certain merchants have been following the practice of displaying
merchandise for sale or exhibition on (1) municipal sidewalks; (2)
on open lands between store or business building and public sidewalk;
or (3) in entrances or exits to stores or business buildings in the
Township, which practices have created and do create a health hazard,
impede police work and general traffic, and increase the danger of
fire in the Township.
B.
Display of merchandise for sale or exhibition on sidewalk prohibited.
No person shall display any merchandise for sale or exhibition on
any public sidewalk of the Township.
C.
Display of merchandise on open land regulated. No person shall display
any merchandise for sale or exhibition on any open lands in front
of a store or business building for a depth of fifteen (15) feet from
the property line.
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not less than one hundred dollars ($100) nor more than one
thousand dollars ($1,000), by imprisonment for a term not to exceed
ninety (90) days or by community service of not more than ninety (90)
days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
A.
Any person, corporation, partnership, limited liability company,
or other institution or entity that canvasses in order to obtain listings
of real property, or to bring about the sale, lease, or purchase of
real property, must provide advanced written notice to the Township
Clerk before engaging in such activities. The advanced notice must
provide the following information:
(1)
The names and addresses of the persons engaging in the canvassing,
or soliciting; and
(2)
The names and addresses of the individuals or companies by which
such persons are employed; and
(3)
A listing of the roads or streets in the Township in which the canvassing,
or soliciting will take place and when; and
(4)
The starting and ending dates in which the canvassing or soliciting
will take place; and
(5)
A complete description of any motor vehicle to be used, including
the make, model, color and registration number and all insurance information,
including the name and address of the carrier, policy number.
(6)
Whether or not the applicant has ever had an application to conduct
solicitation or canvassing denied or revoked and, if so, the details
thereof.
B.
The notice required hereunder must be filed with the Township Clerk
no less than fourteen (14) business days prior to the scheduled start
date.
C.
Provided the notice requirements have been satisfied, the Township
Clerk shall issue a permit allowing the canvassing, or soliciting
to take place. This permit shall be valid for a period not to exceed
thirty (30) days from the date of issuance. Once expired, the permit
must be renewed following the same notice requirements.
D.
Upon issuance of the permit the canvasser(s), shall wear or maintain
in their possession a copy of the permit at all times while canvassing.
[Ord. No. 2016-03]
[Ord. No. 2016-03]
No individual that has been given a permit to canvass or solicit
may operate beyond the timeframe outlined below:
[Ord. No. 2016-03]
A.
The Township Clerk shall prepare and maintain a list of addresses
of those premises where the owner and/or occupant has notified the
Clerk that canvassing, peddling, itinerant vending, and door-to-door
sales enterprises are not permitted on the premises (hereinafter referred
to as the Plumsted Township "No Knock" Registry). Notification shall
be completion of a form available at the Township Clerk's office during
normal business hours.
B.
Any owner and/or occupant who has requested enlistment on the Plumsted Township "No Knock" Registry pursuant to Subsection A herein shall be able to procure from the Clerk's office a sticker for display at his/her/its premises indicating enlistment on the Plumsted Township "No Knock" Registry. The first sticker shall be provided free of charge and may be picked up in person during regular business hours. If a replacement sticker is required, a fee of one dollar ($1) will be charged to any individual requesting such replacement and which shall be payable to the Township Clerk.
C.
The Township Clerk shall distribute the current Plumsted Township
"No Knock" Registry to a canvasser at the time of issuance of a license
to canvass pursuant to the provisions of this chapter. The licensee
shall not canvass or conduct door-to-door sales at any premises identified
on the then-current Plumsted Township "No Knock" Registry.
D.
Although the most current list of registrants on the Plumsted Township
"No Knock" Registry shall be provided by the Township Clerk, it is
the responsibility of the canvasser, or solicitor to have the most
up-to-date list prior to performing their business.
[Ord. No. 2016-03]
No person shall engage in the following acts:
A.
The promoting, influencing, or attempt to promote or influence a
property owner, occupant, or tenant to list for sale, sell, or remove
from a lease real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers,
or other occupants of prospective occupants of real property.
B.
Induce directly or indirectly, or attempt to induce directly or indirectly,
the sale or listing for sale of real property by representing that
the presence or anticipated presence of persons of any particular
race, religion, or national origin in the area has resulted or may
result in:
C.
Make any representation to any prospective purchaser that any block,
neighborhood or area has, will, or might undergo an adverse change
with respect to the religious, racial, or ethnic composition of the
block, neighborhood or area for the purpose of discouraging the purchase
of property in a particular area.
D.
Place a sign purporting to offer for sale any property that is not
in fact offered for sale.
E.
Advertise for sale or rental, a property which is non-existent or
which is not actually for sale or rental.
F.
To solicit or canvass any owner whose name and property address is
included on the list maintained by the Township Clerk of persons requesting
that they not be canvassed or solicited.
G.
To aid, abet, incite, compel or coerce any person to engage in any
of the practices forbidden by this article or to obstruct or prevent
any person from complying with the provisions of this article.
H.
Solicit or attempt to solicit the sale or rental or the listing for
sale or rental of real property without furnishing in written form
to the owner or occupier of such real property the name of the person
or organization soliciting such sale, rental, or listing.
[Ord. No. 2016-03]
A.
The Plumsted Township Police Department is charged with enforcing
the provisions of this article.
B.
Any person claiming to be aggrieved by an alleged unlawful practice
forbidden by any section of this article may, by themselves, or by
their attorney-at-law, make, sign, and file a complaint directly with
the Police Department, or with the Township Clerk, who shall forward
the compliant to the Police Department for a full investigation.
C.
In addition to any other enforcement actions, the Police Department
or the Township Clerk may refer the complaint to the Real Estate Commission,
the New Jersey Division of Civil Rights, or any other appropriate
state or federal agency for disposition.
[Ord. No. 2016-03]
Any permit issued in accordance with the provision of this article
may be suspended or revoked for any of the following reasons:
A.
Fraud or misrepresentation in the application process.
B.
Fraud or misrepresentation made during the course of conducting canvassing,
itinerant vending, or soliciting.
C.
Conducting the business of canvassing, itinerant vending, or soliciting
in such a manner as to create a public nuisance or jeopardize the
public's health safety or welfare.
[Ord. No. 2016-03]
Any canvasser, or owner or employee of a door-to-door solicitation
entity, who violates any provision of this section, if convicted,
shall be:
A.
Subject to a maximum ordinance violation fine of one thousand two
hundred fifty dollars ($1,250) for the first offense;
B.
Subject to ninety (90) days in the county jail or in any place provided
by the municipality for the detention of prisoners, for any term not
exceeding ninety (90) days for any offense thereafter; and
C.
Subject to a revocation of any license issued to the within chapter;
[Ord. No. 2016-03]
This article does not apply to real estate that is publicly
advertised by sale or to "open houses," sponsored by the owner or
listed by licensed real estate agents for a specific home on a specific
date and time.
