Township of Stafford, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford 3-5-1985 by Ord. No. 85-29. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 142.
Parks — See Ch. 151.
Roadway solicitation/coin toss — See Ch. 163, Art. II.
Garage and other sales — See Ch. 170.

§ 155-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CHARITABLE
Includes the words "patriotic," "philanthropic," "social service," "welfare," "benevolent," "educational," "civic" and "fraternal," either actual or purported.
CHIEF OF POLICE
Includes the Chief of Police or the commanding officer in charge of the Stafford Township Police Department in the absence of the Chief of Police.
CONTRIBUTIONS
Includes the words "alms," "food," "clothing," "money," "subscriptions," "property" and "donation" under the guise of a loan or money or property.
ITINERANT SALESMAN AND VENDOR
Includes hawkers, peddlers and salesmen, their agents, servants, employees or representatives, who do not have or own any retail shop or place of business in the Township of Stafford, who, with or without any form of container, vehicle or other conveyance, shall, on the streets or other public places of said Township or otherwise from door to door or from house to house, sell, cause to be sold, offer for sale or cause to be offered for sale goods, wares or merchandise of any description whatsoever, or who solicit funds or subscriptions of any kind, except as hereinafter excluded.
PERSON
Any individual, firm, association, corporation, partnership, society or organization, or any agent, employee or representative thereof.
RELIGIOUS and RELIGION
Do not include the word "charitable" as herein defined but shall be given their commonly accepted definitions.
SOLICIT and SOLICITATION
The request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose.

§ 155-2 Permit required.

It shall be unlawful for any person, as an itinerant salesman or vendor, to sell, offer for sale or cause to be sold or offered for sale within the corporate limits of the Township of Stafford any goods, wares or merchandise of any kind whatsoever or to solicit funds, subscriptions or contributions, except as herein particularly allowed, without first having applied for and having obtained a permit for such purpose.

§ 155-3 Exceptions.

[Amended 6-10-1986 by Ord. No. 86-21; 5-18-2004 by Ord. No. 2004-41]
This chapter is intended to particularly exclude wholesalers who are either licensed by the State of New Jersey or who have been issued a sales tax exemption permit from the State of New Jersey due to their status as wholesalers, holders of special privileges and all of the persons exempted by operation of law. Any person issued a special license pursuant to N.J.S.A. 45:24-9 is specifically exempted from all licensing requirements of this chapter. As permitted by N.J.S.A. 45:24-9, any portion of this chapter regulating hawking, peddling and vending on public streets and highways within the Township of Stafford is applicable to persons issued a special license.

§ 155-4 Permit application.

[Amended 7-15-1986 by Ord. No. 86-24]
A. 
An application for a permit as required in § 155-2 hereof shall be made to the Chief of Police upon forms provided by the Township Clerk of the Township of Stafford. Such application shall be sworn to and filed with said Chief of Police and shall contain any and all information which the Chief of Police may deem reasonable and necessary pertaining to the applicant and to the goods, wares and merchandise intended to be sold or offered for sale or to the organization or institution for which any solicitation is to be made. The application shall include the name and address or headquarters or place of business of the person or persons applying for the permit and, if said applicant is not an individual, then the names and addresses of the applicant's principal officers and managers. It shall contain a description of the goods, wares and merchandise to be sold or the purpose for which the solicitation is being made and the time when such solicitation shall be made, giving the dates for the beginning and ending of such solicitation. In addition, the applicant shall submit two letters of recommendation to the Chief of Police concerning the applicant's moral character.
B. 
At the time of filing the application, a fee of $150 shall be paid to the Township Clerk to cover the cost of the investigation of the facts stated therein. If the applicant has previously been investigated by the Stafford Township Police Department on a previous license application in the same calendar year, and if after said investigation a license was issued to said individual, then and in that event the application fee stated herein shall be reduced to the sum of $50.
C. 
When applicable, prior to the issuance of a permit, the applicant must present proof of a food handler's license issued by the County of Ocean.
[Added 3-3-1998 by Ord. No. 98-27[1]]
[1]
Editor's Note: This ordinance also redesignated former § 155-4C as § 155-4D.
D. 
Duly established and recognized charitable and religious organizations and institutions shall not be required to pay the aforementioned application fees nor shall they be required to submit two letters of recommendation regarding moral character with their solicitation permit application.
[Added 9-3-1991 by Ord. No. 91-55]

§ 155-5 Investigation of applicant; issuance or denial of permit.

[Amended 7-15-1986 by Ord. No. 86-24]
A. 
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
B. 
If, as a result of such 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 for the same and return said application to the Township Clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
C. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application, to the Township Clerk. The Township Clerk shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative. The Clerk shall keep a permanent record of all licenses issued.
D. 
Duly established and recognized charitable and religious institutions shall be exempt from the aforementioned investigation requirements prior to the issuance of a solicitation permit.
[Added 9-3-1991 by Ord. No. 91-55]

§ 155-6 Issuance and display of badges and ribbons.

A. 
The Township Clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "licensed solicitor" or "peddler," the period for which the license is issued and the number of the license in letters and figures easily discernible from a distance of 10 feet. Such badge shall, during the time such licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous.
B. 
In the case of solicitation, the charitable or religious organization shall supply its agents, representatives or employees with a badge or ribbon containing the name and address of such organization. Said badge or ribbon shall be worn and conspicuously displayed on the front of the clothing of such agent, representative or employee. Said badge or ribbon shall be of sufficient size to be easily discernible from a distance of 10 feet.
[Amended 9-3-1991 by Ord. No. 91-55]
C. 
At the time the permit is issued, the Township Clerk shall also issue two stickers for each of the vendor's vehicles. Said stickers shall contain the words "licensed solicitor" or "peddler" and the year of the permit. Said stickers must be displayed in a prominent location in both the front and rear of the vehicle and in close proximity to the license plate.
[Added 3-3-1998 by Ord. No. 98-27]

§ 155-7 Fees; term of permit; hours of sale.

[Amended 7-15-1986 by Ord. No. 86-24]
A. 
For each permit to sell any goods, wares or merchandise, the applicant shall pay to the Township of Stafford the sum of $15, and said permit shall expire December 31 next ensuing the date of issuance.
B. 
No such permit shall be effective for more than one person and one vehicle, but duplicate permits may be issued in like manner for an additional fee of $15 for each additional person who will sell any goods, wares or merchandise and an additional $15 for each additional vehicle being used in the sale of said goods, wares or merchandise. No rebate shall be allowed from any fee herein specified for a term less than one year.
C. 
For each permit to solicit funds or subscriptions for any duly established and recognized charitable or religious organization or institution, the applicant shall not be required to pay, but such permit shall expire not more than 40 days next ensuing the date of issuance.
D. 
No selling or soliciting shall be permitted except between the hours of 9:00 a.m. and 7:00 p.m., inclusive, provided that home deliveries of milk, bread and the like shall not be circumscribed hereby and provided, further, that trucks peddling coffee, doughnuts and similar items to work sites shall not be limited to the hours herein provided.
[Amended 2-5-1991 by Ord. No. 91-10; 11-2-2009 by Ord. No. 2009-47]

§ 155-8 Time limit for permit grant or denial; appeals.

[Amended 2-20-1990 by Ord. No. 90-10]
An application for a permit shall be granted or denied within 21 days from the date that said application is submitted to the Chief of Police, and in the event of denial, the Township Clerk shall notify the applicant by certified mail, setting forth the reasons for denial. Within five days thereafter, the applicant may file with the Township Council a written request for a hearing on said application, together with written exceptions to the findings of fact upon which the Chief of Police based his denial of the application. On the filing of such a request, the Township Council shall fix a time and place for a hearing and shall notify the applicant thereof, which hearing shall be held within 10 days after the request is filed. Within 10 days after the conclusion of the hearing, the Township Council shall make its decision whether to issue or sustain the denial of said permit.

§ 155-9 Suspension or revocation of license.

[Amended 7-7-1992 by Ord. No. 92-42]
Any permit which may have been issued under this chapter may be revoked and canceled by the Chief of Police on a showing that there have been continued violations of this chapter or for other good cause. Upon learning that a permit holder has been convicted in Municipal Court of violating provisions of this chapter for a third time in a calendar year, or for other good cause, the Chief of Police shall immediately suspend the permit and give the holder thereof written notice by certified mail of a hearing to be held by him within five days of such suspension to determine whether or not the permit should be revoked and canceled. The notice shall contain a statement of the facts upon which the Chief of Police has acted in suspending the permit. If, after such hearing, the Chief of Police finds that the chapter has been violated or other good cause exists, he shall, within five days after the hearing, revoke the permit and give the holder thereof written notice of said revocation and the reasons therefor; or in the absence of such finding, the holder shall be notified within five days in writing of the termination of the suspension of the permit. In addition, any permit which may have been issued may be revoked and canceled, for a violation of said chapter or on good cause shown, on a majority vote of the Township Council at any regular or special meeting thereof, after five days' written notice to the permit holder and upon affording said holder an opportunity to be heard with respect to the reasons for such revocation and cancellation.

§ 155-10 Sales on public roads or rights-of-way.

[Added 6-10-1986 by Ord. No. 86-21]
A. 
No person shall place in the public roads or rights-of-way a stationary vehicle, equipment or other structure for the purposes of selling goods or wares.
B. 
This section shall not prohibit a vendor of goods, such as ice cream, hot dogs, etc., who sells such goods from a moving vehicle, from parking the vehicle for a sufficient amount of time to allow the vendor to serve a customer of the vendor. The vendor shall not remain in any one location for a period of time in excess of one hour per day. For purposes of this section, a vendor shall be deemed to occupy a stationary location if the vendor remains within 200 feet of a location for more than one hour per day.
[Amended 11-1-2010 by Ord. No. 2010-37]

§ 155-11 Sales from private property.

[Added 6-10-1986 by Ord. No. 86-21; amended 4-21-1987 by Ord. No. 87-29]
A. 
No person shall place on any private property a stationary vehicle, equipment or other structure for the purposes of selling goods or wares.
B. 
This section shall not prohibit a vendor of goods, who sells such goods from a moving vehicle, from parking said vehicle on private property for a sufficient amount of time to allow the vendor to serve a customer, provided that the vendor has obtained the written consent of the private property owner. The vendor must have, in his or her possession, the written consent of the private property owner and must produce the same upon a request from the Stafford Township Police Department or other law enforcement officer of the Township. The vendor shall not remain in any one location on private property for a period of time in excess of one hour per day. The vendor cannot leave his vehicle upon private property for the purpose of attracting customers. Exempted from the prohibition in this section are all disabled veterans who are residents of the Township of Stafford for at least a minimum period of 90 days prior to the issuance of the permit.
[Amended 12-15-1992 by Ord. No. 92-82; 11-1-2010 by Ord. No. 2010-37]
C. 
Failure of the vendor to have obtained the written consent of the private property owner or the failure of the vendor to move the vehicle once the sale to a customer has been completed shall be a violation of this chapter.
D. 
The provisions of this section shall not apply to an individual who operates out of a fixed structure and who has obtained all of the necessary permits and/or approvals required by the Township for the operation of a business from a structure located on real property.

§ 155-12 (Reserved) [1]

[1]
Editor's Note: Former § 155-12, Noises, added 3-3-1998 by Ord. No. 98-27 (which ordinance also redesignated former § 155-12, Violations and penalties; enforcement, as § 155-13), was repealed 5-19-1998 by Ord. No. 98-39.

§ 155-13 Violations and penalties; enforcement.

[Amended 6-10-1986 by Ord. No. 86-21; 2-21-1989 by Ord. No. 89-22; 7-7-1992 by Ord. No. 92-42; 3-3-1998 by Ord. No. 98-27]
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined by the Municipal Court Judge. 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.
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
C. 
This chapter shall be enforced by the Police Department, Code Enforcement Officer, Zoning Officer or any other employee designated by the Township Council by resolution to enforce this chapter.