[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills 12-3-2019 by Ord. No. 2019:68. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Chapter 296, Peddling and Soliciting, which consisted of Article I, Canvassers, Solicitors and Mobile Vendors, adopted by Ord.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.
- A. 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.
- B. The word "solicitor" shall include the word "canvasser."
- C. 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.
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.
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.
The requirements of this chapter shall not apply to the following:
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.
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:
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.
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.
A brief statement of the nature of the business and a description of the merchandise or service to be sold or distributed, if applicable.
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
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.
The days of the week and the hours of the day during which the licensed activity will be conducted.
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.
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.
An applicant may be denied a license for only the following reasons:
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.
Any license issued pursuant to this chapter shall show:
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.
The kind of merchandise or services to be sold or distributed thereunder, if applicable.
The date of issue.
The license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
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.
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.
Licenses issued under this chapter may be revoked by the Township Clerk upon written notice to the licensee, for any of the following causes:
Fraud or misrepresentation in any application for a license;
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity;
Violation of any of the provisions contained in this chapter;
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
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.