[Adopted 7-13-1982 by Ord. No. 1367]
The purpose of this article is to regulate the
distribution of certain materials, canvassing, soliciting, peddling
and other forms of door-to-door activities and outdoor sales activities
within the Borough of Haddonfield. The registration of persons engaged
in the above-mentioned activities is required so that the identity
of persons going door to door within the Borough may be established
so that the general crime and unethical and dishonest business practices
in the solicitation of funds within the Borough and for the protection
and maintenance of the health, safety and welfare of the inhabitants
of the Borough.
As used in this article, the following terms
shall have the meanings indicated;
All goods, wares, foods, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed matter, farm products, services and
orders or contracts for services, home improvement or alterations
and anything that may be sold or distributed on a door-to-door basis
by canvassers, solicitors or peddlers as defined herein.
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place, from street to street,
traveling by foot or motor vehicle or any other type of conveyance
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers for the purpose of profit.
The word "peddler" shall also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club or association or any principal or agent thereof.
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery for the
purpose of profit, whether or not such individual has, carries or
exposes for a sale a sample of the merchandise or services or whether
or not he is collecting advance payments for such sales or orders,
or who engages in any of the foregoing activities from a semi-stationary
location on any street or any other public place. The word "solicitor"
shall also include the word "canvasser." For purposes of this article,
a "canvasser" or "solicitor" shall also be deemed to be one who is
not in the business of selling goods, but one who makes surveys for
research purposes, analyses, opinion polls, ratings, data and any
such similar work which by its nature involves a door-to-door or place-to-place
activity for the purpose of profit.
Any person engaged in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells for the purpose of profit with intent to close out or discontinue
such business within a period of one year from the date of commencement
and who does not occupy a permanent structure or building for the
purpose of selling merchandise.
Except as provided herein, it shall be unlawful for any canvasser, solicitor, peddler or transient merchant to sell, offer for sale, take orders for or distribute merchandise, printed material or services or engage in any activities as enumerated in § 162-2 of this article within the Borough, without first registering with, filing an application for registration with, paying a registration fee to and obtaining a registration certificate from the Chief of Police or, in his absence, the officer in charge of the Police Department.
[Amended 11-6-2007 by Ord. No. 2007-29]
A.
Every applicant for a registration certificate under this article shall file with the Chief of Police between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, a sworn written application, on a form to be furnished by the Borough, prior to engaging in any of the activities as enumerated in § 162-2, which application shall give the following information:
(1)
Name, age and physical description of the applicant.
(2)
Complete permanent home and local address of the applicant.
(3)
If employed or acting as agent or representative of
an organization or person, the name and address of such employer,
organization or person, together with credentials establishing the
exact relationship.
(4)
Description of the nature of the business and the
goods, services or wares to be sold or distributed and sufficient
information to determine whether or not the business is to transact
interstate or intrastate commerce.
(5)
The length of time for which the certificate is desired.
(6)
If a vehicle is to be used, the make, model, year,
color and license plate number of said vehicle, name and number and
state of issuance of the driver's license and the name of its owner.
(7)
The place where the merchandise or services to be
sold or offered for sale are manufactured or produced, where such
goods or property are located at the time such application is filed
and the proposed method of delivery.
(8)
The dates, days and routes of the business in the
Borough of Haddonfield.
(9)
Two photographs of the applicant which shall be approximately
2 1/2 inches by 2 1/2 inches in size, showing the head and
shoulders of the applicant in a clear and distinguishing manner.
(10)
Two business references located in the County
of Camden, State of New Jersey, or, in lieu thereof, such other available
evidence of the character or business responsibility of the applicant
as will enable an investigator to properly evaluate such character
and responsibility.
(11)
A statement as to whether or not the applicant
has been convicted of a crime, misdemeanor or disorderly conduct offense
or a violation of any municipal ordinance, where and when so convicted,
the nature of the offense and the penalty, if any.
B.
Every applicant shall submit to be fingerprinted by
the Haddonfield Police Department.
A separate registration must be made for every
canvasser, solicitor, peddler, agent or employee soliciting, canvassing
or peddling within the Borough.
[Amended 11-6-2007 by Ord. No. 2007-29]
Each registrant, upon being so registered, shall
be issued a registration certificate by the Borough Clerk upon which
shall be affixed one photograph of the applicant, signed by the Chief
of Police so that part of his signature covers part of the photograph.
Upon obtaining a registration certificate, each
registrant may conduct his activities within the Borough only as long
as he adheres to the regulations set forth herein and carries the
registration certificate upon his person at all times during the conduct
of his activities within the Borough. The registration certificate
shall identify the person and the type of activity for which he is
registered and shall be shown to any person or police officer upon
request.
A.
When a registration is properly filled out and signed
by the applicant, a duplicate thereof shall be filed with the Borough
Clerk. The Chief of Police shall then make or cause to be made within
five days such investigation of the applicant's business responsibility
and character as he deems necessary for the protection of the public
good.
B.
If, as a result of such investigation, the applicant's
character or business responsibilities are found to be satisfactory,
the Chief of Police shall endorse such application with his approval
and his reasons therefor and return the application to the Borough
Clerk. Any determination by the Chief of Police that an application
is unsatisfactory shall be based on one or more of the following findings
with respect to the applicant:
C.
In the absence of any such findings, the Chief of
Police shall find the application satisfactory and shall endorse his
approval on the application.
A.
If an application is found unsatisfactory by the Chief
of Police and he endorses it with his disapproval upon the application,
said applicant shall be notified that the application is disapproved
and that the issuance of such registration certificate to the applicant
is denied. An applicant for a certificate hereunder shall have the
right to appeal to the Borough Commissioners from the denial of a
certificate. Such appeal shall be filed within three days after the
receipt of the notice of the denial of the certificate. Such appeal
shall be taken by filing a written notice of appeal addressed to the
Borough Commissioners. The Borough Commissioners shall act upon the
appeal as soon as practicable after receiving the notice thereof and
shall give the applicant an opportunity to be heard before taking
action. The Borough Commissioners may affirm or reverse the denial
of the certificate or may grant the certificate with modifications
or conditions.
B.
If an applicant is found satisfactory by the Chief
of Police, a registration certificate addressed to the applicant to
conduct the business applied for upon payment of the proper fee by
the applicant shall be forwarded to the applicant. Such certificate
shall contain the signature of the issuing officer and shall show
the name, address and photograph of the applicant. Such certificate
shall contain the signature of the issuing officer and shall show
the name, address and photograph of the applicant, the type of business
the applicant is registered for, the kinds of goods or services to
be sold thereunder, the date of issue, the length of time the certificate
shall be operative, and the license number and other identifying description
of any vehicle used in the activity licensed.
A.
A certificate issued under the provisions of this
article may be revoked by the Borough Commissioners after notice and
hearing for any of the following causes:
(1)
Fraud, misrepresentation or material incorrect statements
contained in the application for the certificate.
(2)
Fraud, misrepresentation or material incorrect statements
in the course of carrying on his business as canvasser, solicitor,
peddler or transient merchant.
(3)
Any violation of the provisions of this article.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of canvasser, solicitor, peddler
or transient merchant in an unlawful manner or in such a manner as
to constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a certificate
shall be given to the Borough Clerk in writing, setting forth specifically
the grounds of complaint and the time and place of the hearing. Such
notice shall be mailed, postage prepaid, to the certificate holder
at the address given on the application at least five days prior to
the date set for the hearing or shall be delivered by an agent of
the Borough in the same manner as a summons at least three days prior
to the date set for the hearing.
C.
Upon revocation, the certificate shall be surrendered
to the Chief of Police.
Every person to whom a registration certificate
is issued under the terms of this article shall be governed by the
following rules and regulations:
A.
All circulars, samples, merchandise or other matter
shall be handed to an occupant of the property or left in a secure
place on the premises.
B.
No person subject to the provisions of this article
shall canvass, solicit or peddle circulars, samples, merchandise or
other matter except during the hours between 9:00 a.m. and 8:00 p.m.,
Monday through Saturday.
[Amended 4-27-2004 by Ord. No. 12-2004; 2-26-2013 by Ord. No. 2013-01]
C.
No person subject to the provisions of this article
shall enter or attempt to enter the house or apartment of any resident
of the Borough of Haddonfield without an express invitation from the
occupant of said house or apartment.
D.
No person subject to the terms of this article shall
attempt to canvass, solicit or peddle merchandise or other matter
without first having identified himself as a canvasser, solicitor,
peddler or transient merchant registered with the Borough and without
displaying his certificate.
E.
No person subject to the terms of this article shall
have exclusive rights to any location in the public streets or operate
in any congested area where his operation might impede or inconvenience
the public.
F.
No person subject to the terms of this article shall
make any solicitation within the Borough limits where solicitors are
notified by sign that soliciting is prohibited.
G.
No person subject to the terms of this article shall
conduct himself in such a manner as to become objectionable or annoy
any person while canvassing, soliciting or peddling within the Borough
limits.
H.
No person subject to the terms of this article shall
distribute obscene merchandise or printed material or that which advocates
unlawful conduct.
I.
No person subject to the terms of this article shall
litter the streets, public places or property within the Borough with
any merchandise or printed material.
J.
No person subject to the terms of this article may
use or operate any loudspeaker, public address system, sound amplifier,
horn, bell, radio, record player, tape player, CD player, musical
instrument, television, DVD player or any similar device that would
attract attention or be used for entertainment purposes.
[Added 11-6-2007 by Ord. No. 2007-29]
A.
Upon submission of the application, the applicant
shall pay $60 as a registration fee and as a background investigation
fee. Additionally, each applicant will be required to complete an
application and pay a fee for fingerprinting at a private fingerprinting
entity or public fingerprinting entity. The applications for fingerprinting
are available through the Haddonfield Police Department. Each individual
applicant for a registration certificate shall be required to pay
such fees.
[Amended 11-6-2007 by Ord. No. 2007-29; 12-8-2009 by Ord. No. 2009-19; 3-13-2018 by Ord. No. 2018-03]
B.
Upon expiration of a certificate, a new certificate
will be issued upon compliance with all the provisions of this article
and the payment of fees, except that the investigation and waiting
period thereof may be waived if approved by the Chief of Police. The
certificate shall expire on December 31 of the year of issuance.
A.
The following persons engaged in door-to-door activity
are exempt from the provisions of this article to the extent specified
below. A nonprofit organization or person shall submit proof of nonprofit
status [copy of 501(3)C] which will be on file at the Borough of Haddonfield.
[Amended 11-6-2007 by Ord. No. 2007-29]
(1)
Political group: a nonprofit association of persons
sponsoring or advocating certain ideas of government or maintaining
certain political principles or beliefs in public policies of government
or advocating the candidacy of any individual for elective office.
(2)
Religious group: a nonprofit association of persons
associated for the purpose of maintaining, advocating and/or espousing
certain religious principles and beliefs.
(3)
Charitable group: a nonprofit association of persons
that freely and voluntarily administers to the needs of those persons
unable to help themselves, and generally associated to serve the public
good and welfare without profit.
(4)
Civic group: a nonprofit association of persons engaged
in promoting the common good and general welfare of the residents
of the municipality. Such definition shall include but not be limited
to school groups, benevolent societies and service clubs engaged in
nonprofit activities.
(5)
Nonprofit organization with Haddonfield residence:
Political groups, religious groups, charitable groups, and civic groups
with nonprofit status are exempt from all the provisions of this entire
article provided the following exists: at least 50% of such group's
membership are residents of the Borough of Haddonfield, and such group's
place of business or operational locale is the Borough of Haddonfield,
and such group's activities are primarily conducted within the Borough
of Haddonfield.
(6)
An organization or person, for-profit or nonprofit,
that is only delivering fliers, brochures, leaflets, and other such
similar materials, wherein there is no solicitation of moneys or funds
from the property owners or other individuals.
B.
Whenever any of the groups mentioned in § 162-13A or representatives thereof engage in door-to-door activities which involve soliciting or collecting contributions, donations or alms or any other activity of a pecuniary nature, they shall be exempt from the provisions of this article, except that they shall comply with the following:
(1)
Each representative shall register his identity with
the Chief of Police by supplying the following information:
(a)
Name, age and physical description.
(b)
Complete permanent home and local address.
(c)
Name and type of group with which registrant
is associated.
(d)
A statement as to whether or not the registrant
has been convicted of crime, misdemeanor or disorderly conduct offense
or violation of any municipal ordinance, where and when so convicted,
the nature of the offense and the penalty, if any.
(2)
No group or representative thereof as defined in § 162-13A shall engage in any door-to-door activity as described in his or her background until the Chief of Police has completed an investigation and made a determination in accordance with the criteria set forth in § 162-8B. If such determination is unfavorable, then such registrant shall be denied the opportunity to engage in the above-mentioned activity and shall then be able to exercise the appeal rights as set forth in § 162-9. If such determination is favorable, then the registrant may, upon notification, proceed to engage in the above-mentioned activity.
C.
Whenever any of the groups mentioned in Subsection A or representatives thereof engage in nonprofit door-to-door activities which do not involve soliciting or collecting contributions, donations, or alms or any other activity of a pecuniary nature, then they shall be exempt from the provisions of this article, except as provided as follows:
(1)
If said representatives are residents of the Borough of Haddonfield, then they shall comply with the provisions of § 162-13B(3) and E.
(2)
If they are not residents of the Borough of Haddonfield, then they shall be subject to and comply with the provisions of § 162-13B(1)(a) through (c), B(3) and E.
D.
The following persons shall also be exempt from this article, except that they shall be subject to the provisions set forth in § 162-13B(1)(a) through (c) and (3):
(1)
Any person honorable discharged from the military
service of the United States or an exempt fireman of a Volunteer Fire
Department possessing a peddler's license issued in conformity with
N.J.S.A. 45:24-9 and 45:24-10.
(2)
A public utility or its employees, when acting on
behalf of the utility, which public utility is subject to regulation
by the State Board of Public Utility Commissioners; provided, however,
that such employee shall display such identification badge or card
issued by his employer.
E.
No group or representative thereof or person referred to in § 162-13A through D shall be required to pay a fee for or secure and carry a registration certificate. However, he shall be required to show some form of personal identification upon request of any other individual while engaged in door-to-door activity.
(1)
Permission to engage in the activities as described in § 162-13 may be withdrawn by the Borough Commissioners after notice and hearing for any of the following causes:
(a)
Fraud, misrepresentation or material incorrect
statements contained in the identity registration form.
(b)
Fraud, misrepresentation or material incorrect statements in the course of carrying on the activities described in § 162-13C.
(c)
Any violation of the applicable provisions of
this article.
(d)
Conviction of any crime or misdemeanor.
(2)
Notice of the hearing for revocation of permission
shall be given to the Borough Clerk in writing, setting forth specifically
the grounds of the complaint and the time and place of the hearing.
Such notice shall be mailed, postage prepaid, to the registrant at
the address given on the identification form at least five days prior
to the date set for the hearing or shall be delivered by an agent
of the Borough in the same manner as a summons at least three days
prior to the date set for the hearing.
The mere distribution of circulars, handbills
or samples on a door-to-door basis, which activity does not involve
any form of oral or physical contact between the distributor and the
distributee, shall be exempt from regulation by the provisions of
this article. However, if such activity involves any form of activity
described in the other provisions of this article, then in that event
such activity shall be regulated by the appropriate provisions of
this article.
[Added 12-27-2021 by Ord. No. 2021-14]
A.
Establishment. The Borough Clerk shall prepare a list of addresses
of those premises where the owner and/or occupant has notified the
Clerk that peddling, soliciting, canvassing, itinerant vending and
door-to-door sales enterprising as set forth in this chapter are not
permitted on the premises (hereinafter referred to as the "Do Not
Knock Registry"). Notification shall be by completion of a form available
at the Borough Clerk's office during normal business hours. The
list shall be updated on July 1 of each year.
B.
Do Not Knock Registry display. Any owner and/or occupant who has
requested enlistment on the Do Not Knock Registry, pursuant to this
chapter herein, shall be able to purchase from the Clerk's office,
for a nominal fee, a sticker for display at his/her/its premises indicating
enlistment on the Do Not Knock Registry.
C.
Distribution to licensees. The Borough Clerk shall distribute the
current Do Not Knock Registry to a licensee under this chapter at
the time of issuance of a license to peddle, solicit, canvass, itinerant
vend or otherwise door-to-door sell pursuant to the provisions of
this chapter. The licensee shall not peddle, solicit, canvass, itinerant
vend or conduct door-to-door sales at any premises identified on the
then current Do Not Knock Registry.
D.
Violations and penalties.
(1)
Any canvasser, peddler, solicitor, itinerant vender or owner
or employee of a door-to-door sales enterprise who violates any provision
of this article shall be:
(a)
Subject to a maximum ordinance violation fine of $1,000 per
offense;
(b)
Subject to a one-year revocation of any license issued pursuant
to this chapter; and
(c)
Ineligible to receive a new license, pursuant to this chapter,
for a period of one year, coinciding with the term of the one-year
revocation noted in this chapter.
