[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 12-3-2019 by Ord. No. 2019:68[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Chapter
296, Peddling and Soliciting, which consisted of Article I, Canvassers,
Solicitors and Mobile Vendors, adopted by Ord. No. 90:50, as amended.
The purpose of this chapter is to
balance the First Amendment free speech protections afforded to door-to-door
peddling, solicitation and canvassing with the Township's public safety
concerns and the privacy interests of Township residents.
As used in this chapter, the following
terms shall have the meanings indicated:
Any person who goes from place to place by traveling on the
streets and roads or from house to house carrying, conveying or transporting
goods, wares, merchandise or personal property of any nature whatsoever
for the purpose of selling them to customers. The word "peddler" shall
include the words "hawker," "huckster" and "vendor."
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal or agent thereof.
Any person who goes from place to
place by traveling on the streets and roads or from house to house
taking or attempting to take orders for the sale of goods, wares and
merchandise or personal property of any nature whatsoever for future
delivery or for services to be furnished or performed in the future,
including orders for improvements to real property, whether or not
such person has, carries or exposes for sale a sample of the object
to be sold and whether or not he is collecting advance payments on
such sales.
The word "solicitor" shall include
the word "canvasser."
A solicitor or canvasser also is
deemed to be one who is not in the business of selling goods, but
one who makes surveys for research purposes, analysis, opinion polls,
rating data and any such similar work, which, by nature, involves
a door-to-door or place-to- place activity, and shall include persons
going from door to door or place to place or being in or on any public
or quasi-public areas of the Township for the purpose of seeking contributions,
donations or alms for any person or organization.
Includes wagons, carts, trailers, motor trucks, motor vehicles,
service dispensers or other type of conveyance.
It shall be unlawful for any peddler,
solicitor or canvasser, as defined in this chapter, to engage in such
activity within the Township of Parsippany-Troy Hills without first
obtaining a license as provided herein.
A.
Any individual or group advocating or soliciting
on behalf of a charitable or not-for- profit organization, including
such activities as religious proselytizing, political speech or the
distribution of political or religious handbills or circulars, shall
be exempt from the requirements of this chapter except for the time
limitations set forth in § 269-8.
B.
Any veteran or exempt firefighter of a
volunteer fire department holding a special license issued pursuant
to N.J.S.A. 45:24-9 and 45:24-10 shall be exempt from the requirements
of this chapter except for the time limitations set forth in §
269-8.
C.
The requirements of this chapter shall
not apply to the following:
(1)
Any public utility or its employees, where
said public utility is subject to regulation by the State Board of
Public Utilities; provided, however, that such employees shall display
the identification badge or card issued by their employer.
(2)
Any person engaged in the delivery of 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.
All applicants shall pay the license
fee required by § 269-6, if applicable, and file with the Township
Clerk a sworn written application, in duplicate, on forms to be furnished
by the Township Clerk's office, and shall provide the following information:
A.
Name and address of the applicant. If applicant
is an individual employed by another, the name, address and phone
number of applicant's employer; if applicant's employer is a corporation,
the name and address of its registered agent shall also be provided.
The application shall be accompanied by a letter or other written
statement from the individual, firm or corporation employing the applicant
certifying that the applicant is authorized to act as a representative
of the individual, firm, or corporation.
B.
Name and description of each proposed peddler,
solicitor, or canvasser, including date of birth, sex, and physical
description, including height, weight, hair color and eye color.
C.
A brief statement of the nature of the
business and a description of the merchandise or service to be sold
or distributed, if applicable.
D.
If the licensed activity is to be carried
on at a fixed location, the address and description of the premises.
E.
If a vehicle is to be used, a description
of such vehicle, including the make, model, year and license plate
number and a photocopy of a valid registration for each such vehicle.
Also provide a photocopy of a valid driver's license for each proposed
driver.
F.
The days of the week and the hours of the
day during which the licensed activity will be conducted.
G.
Two recent color passport-quality photographs
of each person seeking to engage in the licensed activity, each photograph
to be two inches by two inches in size.
H.
The names of any other municipalities in
which the person registering has solicited or otherwise peddled, solicited
or canvassed within the previous 12 months.
An applicant shall pay the nonrefundable
application fee in an amount to be established by duly adopted resolution
of the Township Council.
The Township Clerk shall review the
application to determine its compliance with the terms of this chapter
and shall ordinarily act on all applications within 48 hours (Saturdays,
Sundays and holidays excluded), after submission of a complete application.
Thereafter, the Township Clerk shall either issue a or notify the
applicant that the application submitted does not comply with the
requirements of this chapter.
A.
An applicant may be denied a license for
only the following reasons:
B.
If an applicant is denied a license in
accordance with this section, the Township Clerk shall notify the
applicant that his/her application is denied along with a clear statement
of the reasons forming the basis for the denial.
A.
Any license issued pursuant to this chapter
shall show:
(1)
The name, address and passport quality
color photo of the licensee along with the name of the licensee's
employer if applicant is an individual employed by another.
(2)
The kind of merchandise or services to
be sold or distributed thereunder, if applicable.
(3)
The date of issue.
(4)
The license number and other identifying
description of any vehicle used in the peddling or soliciting activity
licensed.
B.
A license issued pursuant to this chapter
shall be carried by the licensee at all times while engaged in the
activity for which the license was issued and shall be displayed at
all times when engaged in the activities herein.
C.
Licenses shall run from January 1 through
December 31 of each calendar year. License application fees may not
be prorated.
All activities regulated by this
chapter shall be permitted except between the hours of 9:00 a.m. and
9:00 p.m.
The licensee shall notify the Police
Department prior to commencing any peddling, solicitation or canvassing.
Such notification shall include a statement of the general area of
the Township in which the licensee intends to conduct said activity
and a schedule of dates and times when said activity shall be conducted.
The licensee shall notify the Police Department of any change in the
area or time of peddling, solicitation or canvassing activity.
Written verification by an insurance
company of the amounts and types of motor vehicle insurance coverage
required by state statute shall be maintained by any licensee using
motor vehicles in any conducting licensed activity and shall be presented
for inspection, upon request.
No license shall be transferable.
In the case of a firm or corporation, each person representing such
firm or corporation shall be issued a separate license.
A.
Licenses issued under this chapter may
be revoked by the Township Clerk upon written notice to the licensee,
for any of the following causes:
(1)
Fraud or misrepresentation in any application
for a license;
(2)
Fraud, misrepresentation or other dishonesty
in the conduct of the licensed activity;
(3)
Violation of any of the provisions contained
in this chapter;
(4)
Conviction of a crime or any crime or offense
involving fraud, a sex offense, distribution in controlled substances,
or any violent acts against persons or property; or
(5)
Conducting the business of licensed activity,
whether by licensee himself or his agents or employees, in any unlawful
manner or in any manner that constitutes a breach of the peace or
a menace to the public health, safety or general welfare.
Any person aggrieved by the action
of the Township Clerk in the denial of an application for license
in accordance with this chapter, or in the decision with reference
to the revocation of a license as provided in § 269-13 of this
chapter, shall have the right of appeal to the Township Administrator,
or his/her designee. Such appeal shall be taken by filing with the
Township Administrator, within 10 days of the action complained of,
a written statement setting forth fully the grounds for the appeal.
The Township Administrator, or his/her designee, may decide the matter
on the papers or schedule a time and place for a hearing on such appeal.
Notice of any such hearing shall be served upon the licensee or mailed,
postage prepaid, to the licensee at the address given by the licensee
in making application for license in accordance with this chapter,
at least five days prior to the date set for said hearing. The decision
and order of the Township Administrator, or his/her designee, on such
appeal shall be final and conclusive.
This chapter shall be enforced by the Township Clerk in consultation with the Police Department and such other Township agencies and departments as the Township Clerk may deem appropriate. Except as otherwise provided herein, any falsification of information contained in the application or any failure to comply with any provisions of this chapter shall, upon conviction, be punishable as provided in § 1-17A et seq. 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.
