[HISTORY: Adopted by the Township Committee of the Township
of East Amwell 10-13-2022 by Ord. No. 22-14. Amendments noted where
applicable.]
This chapter is adopted to establish reasonable regulations
for the activities associated with commercial solicitation and commercial
canvassing within the Township of East Amwell. These regulations are
intended to effectively deter and prevent fraudulent commercial transactions
during door-to-door solicitation or canvassing without compromising
constitutionally protected public speech.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The practice of going from house to house or business to
business for the purpose of distributing literature, pamphlets and
the like as a means of distributing information or seeking support
for a cause, specifically including but not limited to political campaigning,
circulation of a petition and the seeking of contributions for a cause.
Any person who goes from place to place by traveling on the
streets and roads or from house to house making sales or attempting
to take orders for the sale of merchandise for future delivery or
for services to be furnished or performed immediately or in the future,
whether or not such person has, carries or exposes for sale a sample
of the object to be sold and whether or not such person is collecting
advance payments on such sales.
Includes all goods, property or services which are the object
of the sale or for which money is exchanged in consideration for the
agreement of the parties.
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind or value. Solicitation
shall include, but not be limited to, the use or employment of electronic
payments, canisters, cards, receptacles or similar devices for the
collection of money or other thing of value. A solicitation shall
take place whether or not the person making the solicitation receives
any payment.
No person shall engage in the activity of commercial solicitor
or commercial canvasser in the Township of East Amwell without having
first obtained a permit as herein provided.
To be clear and avoid ambiguity, this chapter shall not be construed
to include the following:
A.
Wholesale sales personnel calling on retail merchants.
B.
Noncommercial religious, nonprofit, charitable, civic, service club,
volunteer fire or first aid organization, honorably discharged resident
veterans or political solicitors or canvassers protected by the First
Amendment to the United States Constitution, provided that the noncommercial
soliciting or canvassing does not encompass the activities of a commercial
solicitor or commercial canvasser.
C.
Any public utility or its employees, which public utility is subject
to regulation by the State Board of Public Utility Commissioners,
provided that such employees shall display a valid identification
badge or card issued by their employers.
D.
Any person engaged in the delivery of merchandise or other articles
or things, in the regular course of business, to the premises or persons
who had previously ordered the merchandise or other articles and things
and so were entitled to receive the items by reason of a prior agreement.
E.
Any person who grows or produces his own fruits, vegetables or farm
products, such as meat, poultry, butter and eggs, when soliciting
the fruits, vegetables or farm products.
F.
Any local, county, state or federal governmental entity with an expressed
special interest in protecting the integrity of a public initiative.
A.
It shall be unlawful for any person to solicit or offer to sell any
goods, or to solicit orders for the performance of any services or
to engage in commercial canvassing within the Township of East Amwell
without first obtaining a permit in compliance with the provisions
of this chapter. Such permit shall not be transferable from the person
to whom it was issued to any other person. A separate permit shall
be obtained by each solicitor or canvasser for every agent or employee
working for the business or organization.
B.
Every applicant for a permit issued in accordance with this chapter
shall be 18 years or older.
C.
Carrying and displaying of badge. Each individual and/or member of
any organization permitted to conduct solicitations or canvassing
shall attach and display, on the front outer layer of his/her clothing,
a badge to be supplied by the Township. The badges shall be printed
and signed by the Township Clerk and shall be uniform in style and
design. The following information shall be printed on the badge:
(1)
Name of the solicitor or canvasser;
(2)
Name and address of the organization on whose behalf the solicitation
or canvassing is made;
(3)
Expiration date of the permit;
(4)
A statement that the Township of East Amwell has permitted the solicitation
or canvassing but neither approves nor disapproves of the organization
and/or its activities;
(5)
A photograph of the solicitor or canvasser.
No commercial solicitor or commercial canvasser shall go from
place to place or from house to house in order to solicit or canvass,
as those terms are defined in this chapter, before 8:00 a.m. nor later
than 6:00 p.m.
A.
All applications for permits shall be accompanied by the required
fee and shall be made to or through the Township Clerk. Applications
shall include the following:
(1)
The name and permanent address of the applicant, also known as the
permittee;
(2)
If a vehicle is to be used, its description, including the license
plate number;
(3)
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship
with that employer;
(4)
A description of the nature of the business, merchandise or services
to be offered for sale or the project for which he or she is soliciting
or canvassing;
(5)
The length of time for which the permit is desired, not to exceed
one year;
(6)
A photograph of the applicant taken within 60 days immediately prior
to the date of the application, which photograph shall clearly show
the head and shoulders of the applicant; and
(7)
The appropriate permit fee, which shall be nonrefundable.
B.
All completed permit applications shall be held on file and be available
for public inspection in the office of the Township Clerk. A copy
of all completed permit applications shall also be sent to local law
enforcement and/or the New Jersey State Police.
The permit fee for solicitors or canvassers shall be $25.
Any permit required under this chapter may be renewed upon payment of a renewal permit fee of $15 upon submission by the permittee of a new application in conformity with the requirements of § 63-7 above.
A.
Maximum penalty. For violation of any provision of this chapter,
the maximum penalty, upon conviction, shall be payment of a fine not
exceeding $2,000 or imprisonment for a term not exceeding 90 days
or community service not exceeding 90 days, or both a fine and imprisonment
or both a fine and community service. A separate offense shall be
deemed committed on each day during and at each location where a violation
occurs or continues.
B.
The maximum penalty stated in this section is not intended to state
an appropriate penalty for each and every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
A.
Though exempt from the provisions of this chapter, any individual,
religious, nonprofit, charitable, civic, service club, volunteer fire
or first aid organization, honorably discharged resident veterans
or political solicitors or canvassers desiring to solicit or have
solicited in their name the immediate payment of money, donations
or financial assistance of any kind or desiring to sell or distribute
any item of merchandise or written information may voluntarily apply
for a permit by submitting an application to the Township Clerk.
B.
There shall be no fee for voluntary solicitation or canvassing permits,
both new or renewals.
