[HISTORY: Adopted by the Township Committee of the Township
of Bordentown as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. 5.44 of the 2003 Municipal Code; amended 8-12-2019 by Ord. No. 2019-13]
As used in this article, the following terms shall have the
meanings indicated:
An individual representing one's self or any business, firm,
partnership, corporation, organization, club or association.
The act of going from door to door or house to house within
this Township without prior express invitation or request from the
occupant of the premises at which the call is made, or going from
place to place within the Township of Bordentown for any purpose or
in any fashion, including but not limited to the vending, selling,
offering for sale, distribution, dissemination or delivery of goods,
food products, wares, merchandise or services, or written, oral or
recorded intelligence or communication or invitation of any kind,
including ringing of a bell, buzzer or alarm, or requesting, inviting
or taking orders or subscriptions for present or future delivery or
furnishing of any such things or matters; or for the purpose of making
canvasses, surveys or the like or doing any other act which is commonly
comprehended within the terms "peddling," "soliciting" or "canvassing."
Any person, firm, partnership, corporation, organization,
club or association or any principal or agent thereof.
A.
No person shall peddle, solicit
or canvas, as defined in this chapter, from door to door or place
to place within this Township without first obtaining a license by
filing an application, paying a license fee and obtaining said license
in compliance with the provisions of this chapter.
B.
The following persons engaged
in door-to-door activity are exempt from obtaining a license from
the Township:
(1)
Any person who sells goods,
the proceeds of which are devoted exclusively to the purpose of a
philanthropic, charitable or religious society on whose behalf the
person acts as an agent, with or without pay.
(2)
Any person intending to distribute
noncommercial or not-for-profit handbills, pamphlets, leaflets, circulars
advertisements of printed material.
(3)
Any person:
(a)
Campaigning for any elected
public office or public question which is to be voted upon in the
Township at a general, special, primary, fire or school board election
or in a national or state election;
(b)
Distributing handbills,
pamphlets, leaflets, circulars advertisements of printed material
with respect thereto; or
(c)
Otherwise engaging in political
speech.
(4)
Any person engaging in the
advocacy of noncommercial or not-for-profit causes, whether or not
in connection with a larger organization, or engaging in spontaneous
speech, including, but not limited to, speech between neighbors.
(5)
Any person who holds a valid
license issued pursuant to N.J.S.A. 45:24-9 et seq.
(6)
Any person holding a solicitation
license or permit issued under any legislation of the United States
government or by a state agency pursuant to statute.
(7)
An organization or person,
for profit or nonprofit, that is only delivering flyers, brochures,
leaflets and other such similar materials, wherein there is no solicitation
of moneys or funds from the property owners or other persons.
A.
Applicants as defined by this
chapter must file with the Township Clerk a sworn application, in
writing, which shall provide the following information, at a minimum:
(1)
Name and physical description
of the individual applicant.
(2)
Complete permanent home and
local address of the applicant.
(3)
Description of the nature
of the business and the goods, services or wares to be sold.
(4)
If employed by another person
or company, the name, address and contact information of the employer,
together with the credentials therefrom establishing the exact relationship.
(5)
The length of time for which
the right to do business is desired and the days of the week and the
hours of the day within which said business will be conducted.
(6)
The source of supply of the
goods, food, property or services proposed to be sold, where such
goods, food, services or products are located and the method of delivery.
(7)
Appropriate evidence as to
the good character and business responsibility of the applicant as
will enable an investigator to properly evaluate such character and
business responsibility.
(8)
A statement as to whether
or not the applicant has been convicted of any crime, misdemeanor
or violation of any municipal ordinance, other than traffic violations,
where and when so convicted, the nature of the offense and the penalty,
if any.
B.
Fingerprinting.
(1)
All applicants shall be fingerprinted
in order to be checked for previous criminal history.
(2)
Fingerprinting is to be done
at a state-approved fingerprint center. The cost of the fingerprinting
shall be set by the state and paid by the applicant to the fingerprint
center.
(3)
The Township shall be authorized to receive and
exchange fingerprint data and criminal record history with other municipalities,
the Division of the State Police and the Federal Bureau of Investigation.
The Township will accept fingerprint data and criminal record history
from other sources no older than 12 months.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
C.
Fee. At the time application is made, the applicant shall pay to the Township of Bordentown a nonrefundable application fee in the amount set forth in Chapter 260, Fee Schedule, of the Code of the Township of Bordentown per calendar year. All licenses shall terminate at the close of December 31 of the year in which they are issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No license shall be issued until
the application has been approved by the Bordentown Township Police
Department, allowing adequate time for its investigation and review
of the fingerprinting results. If the investigation and/or fingerprint
results indicated that an applicant has been convicted of an offense
involving moral turpitude or that the application information is false
or misleading in any material respect or that the applicant's moral
character or business responsibility or record of other offenses is
of such a nature as to present danger to public good, safety or welfare,
the Chief of Police or designee shall deny the application and note
the findings on the application. No license will be issued.
B.
Upon approval by the Bordentown
Township Police Department, the applicant will be scheduled to appear
at the Police Department for the applicant to be issued a photo identification
badge which serves as the license.
C.
At the time that the photo identification
badge serving as the license is issued, licensees shall be provided
a sample of the Township of Bordentown "No Knock" sticker and a copy
of this chapter.
D.
Every license shall apply only
to the person to whom it was issued, and no license shall be transferable.
Any person whose application for a license has been denied by
action of the Chief of Police, the Township Clerk or their designee
may file an appeal with the Township Clerk within 15 days after the
action to be heard by the Township Committee. The Township Committee
will rule on the appeal within 30 days after the appeal is filed.
In deciding the appeal, the Township Committee will consider the sworn
testimony of the denied applicant, the Chief of Police, the Township
Clerk and other witnesses whose testimony would be relevant to the
issue before the Township Committee.
Every person engaged in peddling, soliciting or canvassing or
like activities, as defined in this chapter, in the Township of Bordentown,
shall engage in conduct according to the following provisions which
are hereby established as a "Code of Conduct for Peddlers, Solicitors
and Canvassers" in the Township of Bordentown:
A.
The person shall not enter or
remain upon any resident's property, whether rented or owned, upon
which it is posted that solicitors are not permitted or notice of
similar content.
B.
All persons subject to licensing
under this chapter shall display the photo identification badge issued
by the Police Department in a visible manner.
C.
The person shall not enter or
attempt to enter any dwelling unit without express invitation from
the occupant therein.
D.
The person shall immediately leave
the resident's property upon request by the resident to do so.
E.
The person shall not indicate
that the Township endorses or sponsors any of the views expressed
or the organization for which support or contribution is sought.
F.
The person shall not make false
claims, misrepresentations or materially incorrect statements concerning
the solicitation, organizations represented or the use to be made
of the amount solicited.
G.
The person shall not engage in
any course of alarming conduct or engage in conduct so as to alarm
or seriously annoy the occupant of the dwelling.
H.
The person shall not engage in
any conduct that is prohibited by any statute, regulation or ordinance
in effect in the Township of Bordentown.
I.
Persons shall not distribute obscene
merchandise or printed material or printed material that advocates
unlawful conduct.
J.
No person peddling, soliciting,
canvassing or distributing printed material shall litter the streets
or cause the littering of streets, public places or property within
the Township with any merchandise or printed material.
K.
Any person or organization receiving
money or any other thing for a value of $1 or more from any contributor
under a solicitation made pursuant to this chapter shall give to the
contributor a written receipt signed by the solicitor, showing the
date and the amount received, provided that this section shall not
apply to any contribution collected by means of a closed box or receptacle
used in solicitation where the use thereof has been approved by the
Township in accordance with this chapter where it is impractical to
determine the amount of each contribution.
L.
When soliciting contributions
for charitable purposes, the person shall verbally advise the prospective
donee of the percentage of the funds received and/or collected by
the organization which are used directly for the purposes or cause
stated for the collection and the percentage of such funds used indirectly
to support the purpose or cause stated, i.e., used for administrative
expenses, related causes, etc. In addition, the person shall also
present to the prospective donee a pamphlet or other written documents
prominently setting forth the above-stated information.
M.
No person shall go upon any property
or create any sound in a manner calculated to attract the attention
of any occupant of a residence on which is posted a sign expressly
prohibiting such activity.
Peddling, soliciting and canvassing as well as other like activities
are limited to the hours between 10:00 a.m. and 7:00 p.m.
A.
No licensed or unlicensed peddler,
solicitor or canvasser shall peddle, solicit or canvas at any property
when barred by the resident by a sign with words to the effect that
peddlers, solicitors or canvassers are not invited or are prohibited.
B.
In an attempt to allow residents
to be free from door-to-door solicitations, residents may elect to
display prominently on their outermost front doors an official "No
Knock" sticker issued by the Township Police Department that signifies
that the residents do not wish to be disturbed by any knocking on
their doors or ringing of their doorbells.
(1)
No licensed or unlicensed peddler, solicitor or canvasser shall knock on the door or ring the doorbell of any residence upon which a "No Knock" sticker is so affixed. At the time that the license is issued as set forth in § 339-4 above, the individual shall be provided a sample of the Township "No Knock" sticker and a copy of this chapter.
(2)
Peddling, soliciting or canvassing
or any like activities conducted at a property at which a "No Knock"
sticker is posted shall constitute a violation.
A.
No person shall stand in the roadway
of the Township, county or state, impeding or delaying the progress
of a vehicle for the purpose of soliciting the purchase or goods,
merchandise or tickets or for the purpose of soliciting contributions
for any cause unless approved by the Township Committee by way of
resolution.
B.
Any person desiring to engage
in the aforementioned activities shall apply, in writing, to the Township
Clerk at least 30 days prior to the event or times of solicitation,
setting forth the name and address of the organization and responsible
individuals, location of the proposed activities, date and time of
the proposed activities and purpose.
C.
A report will be created in conjunction
with the Bordentown Township Police Department to be delivered to
the Township Committee by way of the Township Administrator.
D.
The Township Committee shall review
the report and determine whether to approval or disapprove the requested
in activity with whatever conditions may be deemed appropriate.
E.
No resolution shall take effect
with respect to county or state roadways unless the Board of County
Commissioners or the Commissioner of Transportation shall approve
the same.
A.
Any license issued under the
terms of this chapter by the Township of Bordentown may be revoked
by the Chief of Police or the Township Clerk by a fair preponderance
of the evidence for any of the following reasons:
(1)
Fraud, misrepresentation
or other dishonesty in the conduct of licensed activity.
(2)
A violation of any provision
of this chapter.
(3)
Conviction of the licensee
for any felony or high misdemeanor or a misdemeanor of disorderly
person's offense involving moral turpitude.
(4)
Conduct of the licensed activity,
whether by the licensee or agents thereof or employees, in an unlawful
manner or such a manner as to constitute a breach of the peace or
a menace to the public health, safety or general welfare.
B.
Upon revocation of the license,
the former licensee may file an appeal with the Township Clerk within
15 days after the action to be heard by the Township Committee. The
Township Committee will rule on the appeal within 30 days after the
appeal is filed. In deciding the appeal, the Township Committee will
consider the sworn testimony of the former licensee, the Chief of
Police, the Township Clerk and other witnesses whose testimony would
be relevant to the issue before the Township Committee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any person required by this chapter to procure a license who fails to obtain a license or otherwise violates or fails to comply with the terms of the license or any provision of this chapter shall be subject to the penalty set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Bordentown.
