[Added 6-27-2019 by Ord.
No. 2019-12]
As used in this section:
Any person, other than a peddler and solicitor, traveling
by foot or vehicle of any kind, who distributes printed matter or
any other thing from house to house or who calls in person upon the
occupants of houses seeking contributions or anything of value.
Any person, other than a solicitor or canvasser, traveling
by foot or vehicle of any kind, who conveys or transports goods, articles
or property of any kind or description for the purpose of offering
for sale, selling and delivering the same to customers or offering
to render immediate services of any kind or description. The term
peddler shall include the words "hawker" and "huckster," but excludes
any person under contract with a school or the Township.
Includes the singular and the plural and shall mean any individual,
firm, partnership, corporation, association, club, society or other
organization.
Any person, traveling by foot or vehicle of any kind, who
sells or offers to sell goods, articles or property of any kind or
description by sample or otherwise for future delivery, or who offers
to render services at some time in the future, with or without accepting
payment or partial payment for the same.
The Township of Chatham in the County of Morris, New Jersey.
The Township Clerk shall prepare and maintain a list of those
residents who notify the Clerk by completing a form that no peddling,
soliciting and canvassing, nor the placement of literature, leaflets,
pamphlets, advertisements, circulars, samples, door hangers or other
written material (other than those requested by the resident) is permitted
at their premises. Upon the adoption of Chapter IVA of the Revised
General Ordinances of the Township of Chatham, the Clerk shall publicize
its adoption and shall prepare the required form which shall be available
on the Township's website or at the Clerk's office during
normal business hours, Mondays through Fridays from 8:30 a.m. to 4:30
p.m., except legal holidays.
The Clerk shall submit the Do Not Knock/Do Not Drop Off Registry to the Chief of Police as the Registry is updated and the Registry shall be distributed to applicants seeking a license to peddle, solicit or canvass pursuant to the provisions of Chapter 4 of the Revised General Ordinances of the Township.
a.
Do Not Knock: peddlers, solicitors, and canvassers shall not peddle,
solicit or canvass on the premises of those residents on the Do Not
Knock/Do Not Drop Off Registry.
b.
Do Not Drop Off: peddlers, solicitors, and canvassers shall not place
literature, leaflets, pamphlets, advertisements, circulars, samples,
door hangers or other written material (other than those requested
by the resident) on the premises of those residents on the Do Not
Knock/Do Not Drop Off Registry.
a.
The Clerk shall update the Registry as registrations are received
by the Clerk to add properties or delete properties. However, once
a premises is registered with the Clerk, the property may only be
removed from the Registry by the property owner submitting a written
request to the Clerk or as a result of a sale of the property.
b.
The Registry shall consist solely of the premises addresses and shall
include no further identifying information concerning the ownership
of each property.
a.
Those who have requested to be listed on the Township's Registry
may procure from the Clerk's office a notice for display on the
premises on the Registry stating that the premises is on the Township's
Do Not Knock/Do Not Drop Off Registry. The notice for display shall
be substantially as follows:
These premises are listed on the Township of Chatham Do Not
Knock/Do Not Drop Off Registry. You may not enter these premises to
peddle, solicit or canvass on behalf of any person or organization.
Those engaged in the delivery of goods to premises of persons previously
ordering or entitled to receive such goods, charitable, educational,
nonprofit organizations, political, religious organizations are exempt
and may be permitted.
b.
The first notice for display for a particular premises shall be provided
free of charge and shall be picked up in person from the Clerk's
office during regular business hours. If a replacement notice is required,
there shall be a fee of $5, which shall be payable to the Clerk's
office.
c.
The failure of an owner or occupant of premises listed on the Registry
to have a notice displayed on the premises shall not serve as a defense
because it is the sole responsibility of the canvasser, peddler or
solicitor to obtain the current Registry from the Clerk prior to canvassing,
peddling or soliciting.
The following persons are expressly exempted from the provisions of this Chapter 4A:
a.
Any person who, as part of a regular course of business, is engaged
in the delivery of goods to the premises of persons previously ordering
or entitled to receive such goods.
b.
Any person who, as a member of any public, civic, charitable, educational
or nonprofit organization, is engaged in any fund-raising or other
activity of such organization.
c.
Any officer, employee, agent or representative of any public, charitable,
educational or nonprofit organization.
d.
Any honorably discharged veteran who holds a license issued by the
Clerk of Morris County pursuant to N.J.S.A. 45:24-9.
e.
Any exempt member of a volunteer fire department holding an exemption
certificate as provided in N.J.S.A. 45:24-9.
f.
Any member, officer, employee, agent or representative of a religious
or political organization, including candidates, engaged in any door-to-door
canvassing on behalf of or for such organization or candidate.
The Police Department shall enforce this chapter. However, this
does not preclude an owner or occupant of premises listed on the Registry
from filing an appropriate summons with the municipal court administrator,
nor does it preclude an owner or occupant of premises listed on the
Registry from filing any other appropriate legal action.