[HISTORY: Adopted by the Township Council of the Township of Springfield 12-14-1994 as § 5-10 of the 1994 Code. Amendments noted where applicable.]
When used in this chapter, the following terms shall have the following meanings:
- Any person who applies for a license in accordance with the terms and provisions of this chapter.
- CANVASSER or SOLICITOR
- A person, whether a resident of the Township or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, to take or attempt to take orders for 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, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, and whether or not (s)he accepts any advance payment for the goods. Any person taking a poll or a survey from house to house or on the streets, or distributing advertisements or handbills is included. This shall not include wholesalers calling on retail merchants. Any person going from door to door or house to house attempting to persuade residents to donate money or property.
- ITINERANT MERCHANTS; TRANSIENT VENDORS
- A peddler, hawker, solicitor, canvasser or junk dealer, as defined herein.
- Any person who has applied for, has been issued and holds a license in accordance with the terms and provisions of this chapter.
- Includes, but is not limited to, food, fruit, vegetables, farm products, magazines, periodicals, all kinds of articles of personal property for domestic use and orders or contracts for home improvements or alterations.
- NONPROFIT VENDOR
- A person who sells goods, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf (s)he acts as agent, with or without pay.
- Any person, whether a resident of the Township or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting merchandise, offering and exposing the same for sale, or making sales and delivering articles to purchasers. “Hawker,” “huckster,” “solicitor,” “canvasser,” “junk dealer” and “vendor” shall also be included in this definition.
Every person who shall desire to canvass, solicit or peddle in the Township shall first register with the Township Clerk on a form to be furnished by the Township. Each such person shall, in writing and on such form, supply:
His/her name, age and the address of his/her residence;
The name, business address and telephone number of his/her employer, if (s)he has one;
The name, business address and telephone number of the person, firm or corporation for whom or in whose behalf (s)he desires to solicit pledges, gifts or donations or for whose benefit (s)he seeks information;
The nature of the activity in which (s)he proposes to engage pursuant to the permit sought;
The route, date and approximate hours of his/her itinerary in the Township; and
Whether or not (s)he has ever been convicted of a crime.
Every person desiring to register and obtain a permit under the terms of this chapter shall, at the time of registration, give to the Township Clerk two copies of a recent photograph of his/her face, approximately 2 1/2 inches square.
No permit shall be issued under the authority of this chapter to any person who shall have been convicted of a crime or to any person under the age of 18 years.
When any person desires to canvass, solicit or peddle within the Township and, being qualified to receive a permit under the terms of this chapter, shall have registered with the Township Clerk in accordance with the terms of this chapter and made payment of the registration fee hereinafter provided for, the Township Clerk shall issue to such registrant a permit to canvass, solicit or peddle in accordance with the terms of this chapter and in accordance with the proposed activity as set forth in the application for registration. The Clerk shall affix one copy of the photograph of the face of the registrant to the permit to be issued. The second copy of the photograph required by the terms of this chapter shall be attached to the registration application by the Township Clerk.
Every person to whom a permit shall have been issued shall carry such permit upon his/her person at all times while (s)he shall be engaged in canvassing, soliciting or peddling and shall exhibit such permit to any person upon request.
Each permit granted pursuant to the terms of this chapter shall be valid for the 30 calendar days next succeeding the date of its issue.
The Township Clerk shall revoke any permit granted by him/her upon discovery of any material misrepresentation made by the permittee in his/her registration application or for any violation by such permittee of any of the provisions of this chapter.
A fee as set forth in Chapter 91, Fees, § 91-3, shall be paid by each registrant to the Township Clerk for each permit issued. This fee is imposed not for the purpose of raising revenue but solely for the purpose of administering the provisions of this chapter.
No permit fee shall be required of a nonprofit organization whose primary place of operation is within the Township.
Prior to the issuance of any license or permit to any licensee, the prospective licensee shall file with the Township Clerk a bond to the Township in the amount of $1,000. Such bond shall be executed by the proposed licensee as principal, and a surety company licensed to do business in the State of New Jersey. The bond shall be in accordance with and for the purposes provided in N.J.S.A. 45:24-5 and shall remain in force for the term of the license and shall be conditioned as follows:
To indemnify and pay the Township any penalties or costs incurred in the enforcement of any of the provisions of this chapter and Chapter 122, Licensing, and to indemnify or reimburse any purchaser of personal property from the licensee in a sum equal to at least the amount of any payment the purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or the licensee’s agents, servants or employees, either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property, or any part thereof.
The aforesaid bond shall be declared forfeited, upon proof of falsification in the application for a license.
The bond shall be forfeited upon proof of the violation of any of the sections herein by the licensee or the licensee’s agents, servants or employees.
No bond shall be required of a nonprofit organization whose primary place of operation is within the Township.
No person shall solicit before the hour of 8:00 a.m. or after 8:00 p.m., or on Sunday.
No licensee shall:
Call attention to his/her business or to his/her merchandise by crying out, blowing a horn or by any other loud or unusual noises.
Conduct, or attempt to conduct, his/her business at any residence or on any property on which is posted a sign expressly prohibiting such activity.
Conduct, or attempt to conduct, his/her business within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor during such times shall (s)he permit his/her cart, wagon or vehicle to stand on any public highway within such distance of any school property.
Allow any other person to use the license issued hereunder.
The provisions of this chapter shall not apply to the following:
Anyone who solicits any votes as support for a bona fide political candidate seeking office.
Any person honorably discharged from the military services of the United States possessing a peddler’s license issued in conformity with N.J.S.A. 45:24-9 et seq.
Any person who is an exempt firefighter of a volunteer fire department, as defined by N.J.S.A. 45:24-9 et seq., possessing a license in conformity with the law.
Any person engaged in the delivery of goods, wares, 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.
Those persons under 18 years of age, soliciting for charitable purposes.
Federal census takers and polls or surveys taken pursuant to federal, state or local laws.
Any school, political or civic organization, benevolent society, service club or organization not-for-profit which is located in, or has a substantial membership from, the Township, except that prior written Township Council approval to solicit shall be required.
It shall be unlawful for any person to procure, authorize, encourage, aid or abet any person to violate any provision of this chapter.