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:
CANVASS or CANVASSING
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.
COMMERCIAL SOLICITOR or COMMERCIAL CANVASSERS
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.
MERCHANDISE
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.
SOLICIT, SOLICITING or SOLICITATION
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.
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.
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.