[HISTORY: Adopted by the Township Committee of the Township of Franklin 8-6-1965 (Ch. 55 of the 1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES144a Application
Fees — See Ch. 182.
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- Any individual, whether a resident of the Township of Franklin
or not, traveling by foot or other conveyance from place to place,
from house to house or from street to street, taking or attempting
to take orders for the sale of goods for future delivery or for services
to be performed in the future, whether or not advanced payments are
collected; or any person who leases or uses any building, hotel room,
shop or any other place for a period of less than one year for the
sole purpose of exhibiting samples and taking orders for future delivery;
or any person who places clothing bins for the acceptance of donations;
but the definition shall not include any wholesale salesmen periodically
calling upon retail merchants or manufacturers at their place of business.[Amended 3-26-2009 by Ord. No. 2009-03]
- As hereinabove used, any individual, firm, partnership or corporation.
- Any person who has failed to comply with the provisions of
this chapter.[Added 7-15-2004 by Ord. No. 2004-06]
[Amended 3-26-2009 by Ord. No. 2009-03]
Every canvasser or solicitor as defined herein shall first obtain a permit or license therefor from the Township, having paid the fee herein specified for said license. Said license shall not be transferable.
[Amended 2-5-1987 by Ord. No. 87-2]
Application for a license to engage in business as a solicitor or canvasser must be made in duplicate, or forms to be provided, to the Township Clerk, which forms must be sworn to and must contain or be accompanied by the following date:
Name and description of applicant, with permanent home address and full local address.
Description of the nature of the business and goods to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
If the applicant or his principal or employer is a corporation, then the application shall set forth the name of the state in which the said corporation was authorized to do business in the State of New Jersey.
If the applicant or his employer or principal is a partnership or operates under a firm name, the application shall set forth the names and addresses of all partners or all members of such firm.
The length of time for which the right to do business is desired.
The place where the goods to be sold or orders taken therefor are manufactured or produced, where such are located at the time the application is filed and the proposed method of delivery.
The names of at least two reliable property owners of the County of Hunterdon and State of New Jersey who will certify as to the applicant's good character and business responsibility, or, in lieu of the names of references, such other available 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.
A statement as to whether or not the applicant or his employer or principal has been convicted of any crime, misdemeanor or violation of any municipal ordinance, stating the nature of the offense and the punishment or penalty assessed therefor.
In addition to the foregoing, the owners of clothing bins shall provide the following additional information:
[Added 3-26-2009 by Ord. No. 2009-03]
The exact number and location of each bin;
The name and address and telephone number of the "bona fide" office of any entity (charity or business) that will profit from any clothing collected in the bin;
Identify the full name of a representative who can be reached by telephone during normal business hours at a bona fide office;
A detailed description of the manner by which the collected clothing will be used, sold or disbursed;
A written consent from the property owner to place the bin on the owner's property and if necessary such land use approvals as may be required by law;
Provide bins that explain a clear and conspicuous location on the outside of the clothing bin, the permit number and expiration date, the name, address and telephone number of the bona fide office of the person who owns the bin and the name, address and telephone number of any other entity which may share or profit from the clothing collected.
Editor's Note: The application form is included as an attachment to this chapter.
A fee as provided in Chapter 182, Fees, is to be paid at the time of the filing of the application, to cover the cost of investigation of the facts stated herein. The fee shall be paid to the Finance Officer who shall provide a receipt to the applicant for presentation to the Chief of Police.
[Amended 4-18-2002 by Ord. No. 2002-03, 7-15-2004 by Ord. No. 2004-06]
[Amended 2-4-1988 by Ord. No. 88-2; 3-26-2009 by Ord. No. 2009-03]
Upon receipt of the application, the Director of Public Safety shall, within a period of 14 days, investigate or cause such investigation of the applicant's business or moral character as he may deem necessary for the public good. If, as a result of such an investigation the applicant's character or business responsibility is found to be unsatisfactory, then the Director of Public Safety shall endorse his disapproval on the application and the license shall not be issued. If the applicant's character or business responsibility is found to be satisfactory, then the Director of Public Safety shall endorse his approval on the application and execute a license to be formally issued by the Township Clerk. The investigation and the approval or disapproval of the application called for by this section shall be completed within 10 days of the filing of the application with the Township Clerk.
Every person licensed under this chapter shall exhibit the said license at the request of any citizen of the Township of Franklin.
Every license shall remain in force and be valid only for the time therein expressed, which time shall be for the period applied for, but in no event shall the period exceed one year from the date of the issuance of said license. The license shall apply only to the person to whom granted and shall not be transferable.
No person licensed or holding a permit under this chapter shall call attention to his business by crying out, blowing a horn, using any amplifying or loudspeaker device or by any loud or unusual noise.
No person shall canvass or solicit during any hours other than from 9:00 a.m. to 5:00 p.m., Monday through Saturday, unless otherwise specifically requested by a competent adult member of a household to call upon that household for the purpose of soliciting or canvassing at some hour other than as herein specified.
No person shall enter upon the property of another to canvass or solicit if there shall be displayed a sign on the premises located either at the driveway or on the premises itself that states: "No Solicitation Allowed." Any person who does so shall be a trespasser as defined in N.J.S.A. 2C:18-3b.
[Added 7-15-2004 by Ord. No. 2004-06; amended 10-31-2006 by Ord. No. 2006-12]
[Amended 2-2-1984 by Ord. No. 84-1]
The license requirements herein shall not apply to the following organizations or persons:
[Amended 3-26-2009 by Ord. No. 2009-03]
Any exempt fireman of the State of New Jersey or honorably discharged veteran of any war holding a special license under the provisions of N.J.S.A. 45:24-9, provided that such exempt fireman or veteran shall produce the proper certificate or state license as required by the statutes of the State of New Jersey and a permit as required by this chapter when requested to do so.
Any sale or entertainment for the benefit of a nonprofit, religious, educational or charitable organization.
Any religious, proselytization or evangelical solicitation, provided that the person so engaged shall first personally identify himself and his organization and register with the Township Police Department.
Religious canvassers and solicitors shall also comply with the following procedure:
The supervising minister of the group that is going door to door shall first call the Police Department, giving his name and telephone number prior to commencing the endeavor.
The supervising minister shall advise the Police Department as to the number of persons who are participating in the endeavor.
The Police Department will be advised as to the boundaries of the general area in which the endeavor will take place.
The Police Department will be advised as to the approximate time during which the endeavor will be in the specified area.
The person engaged in the endeavor will carry an official identification card issued by his congregation.
In the case of such exemptions, a written card shall be issued by the Township Police Department to the applicant, to be exhibited on demand of any Township resident.
The registration provided for in this section shall be without charge or fee of any kind. The applicant shall fill out and sign a form having the following information:
REGISTRATION OF EXEMPT CANVASSERS
Name of applicant:
Date of birth: ________ Height: ________ Weight: ________ Hair color: ________
Nature of solicitation:
Name and address of employer:
Have you ever been convicted of a crime?
If so, give dates, location and disposition:
[Amended 2-4-1988 by Ord. No. 88-2; 3-26-2009 by Ord. No. 2009-03]
All persons to whom such licenses or permits are granted as herein provided shall comply with all State of New Jersey laws, all ordinances of the Township and all Board of Health laws and rulings and conform to all police rules and regulations, and if any licensee or holder of a permit shall be found guilty of the violation of any state law, Township ordinance or Board of Health law or ruling, or if the licensee shall, after notice and hearing before the Township Committee, be found to have committed any fraud or false statement in the license application or in the course of carrying on his business, the license or permit may be revoked by the Chairman of the Franklin Township Committee or a majority of the Township Committee. Notice thereof in writing, signed by the Mayor and served upon the licensee by the Director of Public Safety of the Township of Franklin or mailed to the licensee at his last known address, shall be considered a revocation of the license or permit.
[Amended 7-15-2004 by Ord. No. 2004-06]
A violation of this chapter may result in the Township seizing the bin, removing it at the owner's expense and selling the contents at public auction. All proceeds from such sale shall be paid to the Chief Financial Officer of the municipality, together with such other penalties as may be provided for by law.