[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 REFERENCES
Fees — See Ch. 182.
As used in this chapter, the following terms
shall have the meanings indicated:
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]
A.
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:[1]
(1)
Name and description of applicant, with permanent
home address and full local address.
(2)
Description of the nature of the business and goods
to be sold.
(3)
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
(4)
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.
(5)
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.
(6)
The length of time for which the right to do business
is desired.
(7)
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.
(8)
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.
(9)
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.
(10)
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]
(a)
The exact number and location of each bin;
(b)
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;
(c)
Identify the full name of a representative who can be reached
by telephone during normal business hours at a bona fide office;
(d)
A detailed description of the manner by which the collected
clothing will be used, sold or disbursed;
(e)
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;
(f)
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.
[1]
Editor's Note: The application form is included
as an attachment to this chapter.
B.
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.
A.
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.
B.
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.
C.
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]
A.
The license requirements herein shall not apply to
the following organizations or persons:
[Amended 3-26-2009 by Ord. No. 2009-03]
(1)
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.
(2)
Any sale or entertainment for the benefit of a nonprofit,
religious, educational or charitable organization.
(3)
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.
B.
Religious canvassers and solicitors shall also comply
with the following procedure:
(1)
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.
(2)
The supervising minister shall advise the Police Department
as to the number of persons who are participating in the endeavor.
(3)
The Police Department will be advised as to the boundaries
of the general area in which the endeavor will take place.
(4)
The Police Department will be advised as to the approximate
time during which the endeavor will be in the specified area.
(5)
The person engaged in the endeavor will carry an official
identification card issued by his congregation.
C.
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.
D.
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:
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REGISTRATION OF EXEMPT CANVASSERS
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Name of applicant:
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Permanent address:
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Local address:
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Date of birth: ________ Height: ________ Weight:
________ Hair color: ________
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Gender:
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Nature of solicitation:
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Name and address of employer:
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Have you ever been convicted of a crime?
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If so, give dates, location and disposition:
Dated:
Signature
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[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]
B.
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.
