[HISTORY: Adopted by the Township Council
of the Township of Cedar Grove 9-4-1962, Ch. 7, Art. 2, of the former
Revised Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 55.
Littering — See Ch 168.
Noise — See Ch. 176.
Public health nuisances — See Ch. 179.
Use of recreation areas — See Ch. 205.
Streets and sidewalks — See Ch. 230.
STATUTORY AUTHORITY
Regulation of hucksters — See
N.J.S.A. 40:48-1(12).
Power to license — See N.J.S.A.
40:52-1c.
[Amended 1-9-1978 by Ord. No. 77-64]
As used in this chapter, the following terms
shall have the meanings indicated:
- SOLICIT BUSINESS or SOLICITING BUSINESS or SOLICITING
- The same as canvassing or canvassing business, peddling or peddling business and shall, when done by personal approach, include the following:
- A. Seeking or endeavoring to sell any goods, wares, securities, merchandise or services whatsoever by sample, description or otherwise.
- B. Taking orders for such goods, wares, securities, merchandise or services for either present or future delivery with or without a payment in whole or in part.
- C. Advertising goods, wares, securities, merchandise or services for sale by passing or circulating handbills.
- SOLICITOR'S LICENSE or CANVASSING LICENSE or PEDDLER'S LICENSE
- Refers to the license issued under this chapter.
[Amended 1-9-1978 by Ord. No. 77-64]
The purpose of this chapter is to license and
regulate the business of soliciting, canvassing and peddling in the
Township.
Except as otherwise provided in this section,
nothing contained in this chapter shall be construed to apply to any
of the following acts:
A.
Soliciting done by the legal owner, lessee or agent
of same upon the property owned or leased by the solicitor.
B.
Soliciting done for the purpose of sale of personal
property at wholesale to retailers in such articles.
C.
Delivery of newspapers, advertising circulars or goods
in the regular course of business, or the collection of payments therefor.
D.
The services of public utilities and their duly authorized
agents or representatives, provided that such exemption for public
utilities shall not apply to the selling of other than public utility
services.
E.
Soliciting by any religious or charitable organization
provided that any such organization registers with the Chief of Police
before commencing solicitation.
F.
Soliciting by persons lawfully exempt by state statute
or federal law from the licensing requirements set forth herein or
by persons lawfully entitled to conduct a business wherein a license
or certificate has been granted by any department, board, commission
or agency of the State of New Jersey or of the Township.
No person shall solicit business in the Township
without first having obtained a solicitor's license issued by the
Township Clerk in accordance with the provisions of this chapter.
A.
Every applicant for a solicitor's license shall file
with the Chief of Police a written application, signed and verified
by him, on forms supplied by the Township.
B.
The application shall state:
(1)
The name, permanent home address, birth date, social security number,
and telephone number of the applicant.
[Amended 8-12-2019 by Ord. No. 19-846]
(2)
The places of the applicant's residence during and
for each of the three years preceding the filing of the application.
(3)
The name, address and telephone number of the manufacturer
or dealer represented by the applicant.
(4)
The names and addresses of the persons from whom the
goods, wares, securities, merchandise or service to be offered by
the applicant were or are to be purchased.
(5)
Such other information as the Chief of Police may
reasonably require.
C.
The application shall be accompanied by the following
documents and information:
(1)
A letter from the manufacturer or dealer, referred to in Subsection B(3) above, authorizing the applicant to act as its representative.
(2)
A description of the goods, wares, securities, merchandise
or services to be offered for sale.
(3)
Three business references.
(4)
The number of arrests, if any, for disorderly conduct,
violation of ordinances, misdemeanors or crimes; the nature of the
offenses for which arrested; and the history of any such case to its
final disposition.
(5)
Two recent photographs of the applicant 1 1/2 inches
by 1 1/2 inches.
(6)
Driver's license or other state or federal government-issued
identification.
[Amended 8-12-2019 by Ord. No. 19-846]
(7)
A letter from the manufacturer or dealer represented by the applicant
indicating whether or not it has performed a background check on the
individual, and, if so, affirming that the individual successfully
passed same, and stating that the manufacturer or dealer will assume
responsibility for the actions of the applicant.
[Added 8-12-2019 by Ord.
No. 19-846]
[Amended 9-10-2018 by Ord. No. 18-831]
Within 30 days of receiving the application for a solicitor's
license, the Chief of Police shall complete an investigation and verify
the information respecting the moral character and business responsibility
of the applicant.
A.
If, after investigation, the Chief of Police concludes
that the applicant's character and business responsibility are satisfactory,
he shall signify his approval of the application on the reverse side
thereof; otherwise he shall note his rejection thereon.
B.
If, after an 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 therefor and return the said application to the Township Clerk.
Any determination by the Chief of Police that an application shall
be disapproved shall be based on one or more of the following findings
with respect to the applicant or, in the case of solicitation of contributions,
any of the organization's officers, managers or agents:
[Added 1-9-1978 by Ord. No. 77-64]
C.
In the absence of any such finding, the Chief of Police
shall find the application satisfactory and shall endorse his approval
on the application and return the application to the Township Clerk.
[Added 1-9-1978 by Ord. No. 77-64]
Following the written approval of the application by the Chief of Police and the payment of the fee prescribed by § 190-9 hereof, the Township Clerk shall issue a solicitor's license to and in the name of the applicant.
[Amended 2-1-1982 by Ord. No. 82-172; 11-7-1988 by Ord. No. 88-326; 9-10-2018 by Ord. No. 18-831]
The fees for all licenses required by the provisions of this
chapter shall be $50 for up to a maximum of one year.
A.
At the time of the issuance of the license and upon posting the deposit required by Subsection B of this section, an identification card shall be issued to the licensee by the Chief of Police or, in his absence, by the officer in charge at police headquarters. The identification card shall bear a number corresponding with the number of the license and shall contain the name and photograph of the applicant, together with the words "Township of Cedar Grove Canvassing License."
[Amended 10-15-1962]
All licenses and identification cards issued
under this chapter shall expire on December 31 of the year of their
issuance unless sooner surrendered or revoked.
Licenses issued under this chapter shall not
be transferable.
Each licensee shall carry his license with him
and shall produce it at the request of any resident of the Township
from whom the licensee is soliciting business. Each licensee shall
display his identification card at all times while actually engaged
in canvassing or soliciting.
[Amended 1-9-1978 by Ord. No. 77-64; 9-10-2018 by Ord. No.
18-831; 8-12-2019 by Ord. No. 19-846]
Soliciting, peddling and canvassing shall be conducted only
between the hours of 9:00 a.m. and 9:00 p.m.
[Amended 6-15-1970 by Ord. No. No. 70-6]
A.
Licensees shall be courteous and shall conduct themselves
in a lawful manner at all times. Canvassing shall be done at the front
door unless directed otherwise by the homeowner.
B.
No person or persons, whether licensed under the terms
or provisions of this chapter or unlicensed, shall scatter, throw
or deposit any newspapers, handbills, advertisements, circulars, pamphlets
or other printed matter in and about the streets, sidewalks, parks
and public places within the Township of Cedar Grove or upon the premises
of any resident or property owner; but such newspapers, handbills,
advertisements, circulars, pamphlets or other printed matter shall
be handed in person to an occupant of such house or deposited in a
receptacle placed on said property for such purposes or at any other
location so designated by the homeowner or occupant.
Upon expiration or revocation of the license,
the licensee shall surrender the license and the identification card
forthwith to the officer in charge at police headquarters, at which
time the deposit on the identification card shall be returned to the
licensee.
A.
Licenses issued under this chapter may be suspended
or revoked by the Chief of Police upon any of the following grounds:
(1)
Violation of the terms and conditions of the license.
(2)
Making false statements or giving false information
in the application or documents accompanying the application.
(3)
Violation of any provision of this chapter.
(4)
Violation of any federal or state statutes or of any
of the Township ordinances.
B.
Within 30 days of notice of suspension or revocation
given to the licensee and upon his request, the licensee shall be
granted a hearing before the Council, after which the Council shall
determine whether to affirm or set aside the suspension or revocation
action of the Chief of Police.
[Added 1-9-1978 by Ord. No. 77-64]
Any person aggrieved by a decision of the Township
Clerk and/or the Chief of Police may appeal such decision to the Township
Council by notifying the Township Clerk of the intent to appeal within
10 days of the applicant's receipt of such adverse decision. The Township
Council shall then schedule a hearing on such appeal within 30 days
of receipt of the notice to appeal, at which time the applicant may
present such evidence as he desires to establish his grounds for appeal.
Said appeal shall be decided by a majority vote of the Council, and
this decision shall be considered final.
[Added 10-15-1962; amended 12-17-1962]
A.
Any person who violates any provision of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding
$2,000 or by imprisonment for a term not exceeding 90 days, or both.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
[Amended 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]
[Added 8-12-2019 by Ord.
No. 19-846]
A "do not knock" list is hereby established and is to be maintained
by the Township Clerk listing properties for which the owners, tenants,
or residents do not wish to have solicitors visit the property for
the purpose of soliciting. Any person who owns or rents property within
the Township may register for their property to be included on the
"do not knock" list by registering with the Township Clerk's
office. Registration shall be accomplished in person at the Township
Clerk's office in writing by providing proof of ownership, tenancy,
or residency and a notarized letter from the property owner, tenant,
or resident of the property indicating the person's relationship
to the property and that the person wishes for the property to be
included on the "do not knock" list.
[Added 8-12-2019 by Ord.
No. 19-846]
A.
The "do not knock" list shall be maintained by the Township Clerk
and consist solely of property addresses with no further identifying
information concerning ownership of the property.
B.
The Tax Assessor shall notify the Township Clerk of any change in
ownership of property within the Township on a quarterly basis (four
times per year). The Township Clerk shall remove from the "do not
knock" list any property which has changed ownership.
C.
Other than by sale of property, a property, once listed, may only
be removed from the registry by submitting a written, sworn, and notarized
request to the Township Clerk.
[Added 8-12-2019 by Ord.
No. 19-846]
A.
The Township Clerk, or his or her designee, shall provide an up-to-date
copy of the "do not knock" list to every applicant to whom a license
is issued pursuant to this chapter.
B.
Copies of all notarized letters registering a property for the "do
not knock" list and the accompanying proof of ownership, tenancy,
or residency shall be kept on file by the Township Clerk.
[Added 8-12-2019 by Ord.
No. 19-846]
It is prohibited for any person to conduct any commercial solicitation at any property listed on the "do not knock" registry. Any person who violates this section shall be subject to the penalties listed in § 190-19.
