[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor 5-10-2007 by Ord. No. 2007-08. Amendments noted where applicable.]
Garage and other casual sales — See Ch. 191.
As used in this chapter, the following terms shall have the meanings indicated:
- Door-to-door soliciting or soliciting by the use of circulars,
visitations, or any other means, where the canvasser or his or her
employer has not been invited or requested by the owner (as defined
below), to obtain a listing of real property or to confer with the
owner regarding a real estate transaction. This applies to private,
personal and professional activity alike.[Added 11-9-2017 by Ord. No. 2017-10]
- Includes the words "patriotic," "philanthropic," "social service," "welfare," "benevolent," "educational," "civic" and "fraternal," either actual or purported.
- COMMERCIAL SOLICITATION
- The act of asking, bartering, or communicating in any other
such manner, whether orally, or by written or printed material, direct
or implied, by an individual or group of individuals for a for-profit
purpose, including the purchase or intimidation of residents to sell
their real property. Solicitation is not communication that is political,
religious, or charitable in nature and does not involve solicitation
of money, funds, contributions, or anything of value.[Added 11-9-2017 by Ord. No. 2017-10]
- Includes the words "alms," "food," "clothing," "money," "subscriptions," "property" and "donation" under the guise of a loan or money or property.
- ITINERANT SALESMAN and VENDOR
- Includes hawkers, peddlers and salespeople, their agents, servants, employees or representatives, who do not have or own any retail shop or place of business in the Township of Little Egg Harbor, who, with or without any form of container, vehicle or other conveyance, shall, on the streets or other public places of the Township or otherwise from door-to-door or from house-to-house, sell, cause to be sold, offer for sale or cause to be offered for sale goods, wares or merchandise of any description whatsoever, or who solicit funds or subscriptions of any kind, except as hereinafter excluded.
- The lessee, sublessee, assignee, managing agent or other
person having the right of ownership or possession or to sell, rent,
or lease any real property.[Added 11-9-2017 by Ord. No. 2017-10]
- Any individual, firm, association, corporation, partnership, society, or organization, or any agent, employee or representative thereof.
- Any occupant, prospective occupant, lessee, prospective lessee,
buyer, prospective buyer, or any agent thereof.[Added 11-9-2017 by Ord. No. 2017-10]
- RELIGIOUS and RELIGION
- Shall not mean and include the word "charitable" as herein defined, but shall be given their commonly accepted definitions.
- Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.[Added 11-9-2017 by Ord. No. 2017-10]
- SOLICIT and SOLICITATION
- A request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose.
- VENDING UNIT
- Any vehicle or device which may be moved without assistance
of a motor; is not required to be registered with the New Jersey Department
of Motor Vehicles; and is used for the displaying, storing or transporting
of articles offered for sale by a vendor.[Added 11-9-2017 by Ord. No. 2017-10]
- Any person who goes from house to house or place to place,
by foot or any means of conveyance, selling goods or services or soliciting
orders for future delivery of goods or services. "Vendor" shall mean
the same as "peddler," "hawker" and "solicitor."[Added 11-9-2017 by Ord. No. 2017-10]
It shall be unlawful for any person, as an itinerant salesman or vendor, to sell, offer for sale or cause to be sold or offered for sale within the corporate limits of the Township, any goods, wares or merchandise of any kind whatsoever, or to solicit funds, subscriptions, or contributions, except as herein particularly allowed, without first having applied for and obtained a permit for such purpose.
This chapter is intended to particularly exclude wholesalers who are either licensed by the State of New Jersey or who have been issued a sales tax exemption permit from the State of New Jersey due to their status as wholesalers, holders of special privileges, and all of the persons exempted by operation of law. Any person issued a special license pursuant to N.J.S.A. 45:24-9 is specifically exempted from all licensing requirements of this chapter. As permitted by N.J.S.A. 45:24-9, any portion of this chapter regulating working, peddling and vending on public streets and highways within the Township is applicable to persons issued a special license.
An application for a permit as required in § 269-2 hereof shall be made to the Chief of Police upon forms provided by the Township. Such application shall be sworn to and filed with the Chief of Police and shall contain any and all information which the Chief of Police may deem reasonable and necessary pertaining to the applicant and to the goods, wares and merchandise intended to be sold or offered for sale, or to the organization or institution for which any solicitation is to be made, and shall include the name and address or headquarters or place of business of the person or persons applying for the permit, and if the said applicant is not an individual, then the names and addresses of the applicant's principal officers and managers, a description of the goods, wares and merchandise to be sold or the purpose for which the solicitation is being made, and, if the application is for a permit to solicit, the name and address of the person or persons who will be in direct charge of conducting the solicitation, which person or persons shall be a resident of the Township, and the names of all the promoters connected or to be connected with the proposed solicitation, the sales or solicitation method or methods to be used, and, if solicitation, the time when such solicitation shall be made, giving the dates for the beginning and ending of such solicitation. In addition, the applicant shall submit two letters of recommendation to the Chief of Police concerning the applicant's moral character.
The Chief of Police shall examine all applications filed and shall cause to be made such investigation as he or she shall deem necessary, including the inspection of any books or records of the applicant, which shall be made available to the Chief of Police by the applicant at any reasonable time.
The Chief of Police shall issue a permit, provided that he or she shall find that the sales or solicitation program or activity is not fraudulent and that the applicant or its managing officers, agents, representatives and employees are of good character and reputation, that the application is truthful and that the kind and character of the proposed sales or solicitation program or activity is in the interest of and not inimical to the public's welfare and, in the case of solicitation, the purpose is solely to finance the charitable or religious cause described in the application and will not be conducted for or result in private profit.
In the case of solicitation, the charitable or religious organization shall supply its agents, representatives or employees with a badge or ribbon containing the name of such organization, and the name of said agent, representative or employee; said badge or ribbon shall be worn and conspicuously displayed on the front of the clothing of such agent, representative or employee.
In regard to the sale of goods, wares or merchandise by itinerant salesperson or vendors, said itinerant salesperson or vendors shall have prominently displayed on their person or on the vehicle being utilized for the sale of the goods, wares or merchandise, the permit issued by the Chief of Police.
For each permit to sell any goods, wares or merchandise, the applicant shall pay to the Township of Little Egg Harbor the sum of $300, and said permit shall expire December 31 next ensuing the date of issuance.
For each permit to solicit funds or subscriptions for any duly established and recognized charitable or religious organization or institution, the applicant shall not be required to pay, but such permit shall expire not more than 40 days next ensuing the date of issuance.
No such permit shall be effective for more than one person and one vehicle, but duplicate permits may be issued in like manner for an additional fee of $10 for each additional person who will sell any goods, wares, or merchandise, and an additional $150 for each additional vehicle being used in the sale of said goods, wares, or merchandise. No rebate shall be allowed from any fee herein specified for a term of less than one year.
No selling or soliciting shall be permitted except between the hours of 9:00 a.m. and 8:00 p.m., inclusive, provided that home deliveries of milk, bread and the like shall not be circumscribed hereby; provided, further, that trucks peddling coffee, doughnuts and similar items to work sites shall not be limited to the hours herein provided.
Any signs utilized by any person to sell his or her goods, wares or merchandise shall be located on the vehicles being used by said person in the sale of his or her goods, wares and merchandise.
An application for a permit shall be granted or denied within five days from the date that the said application is submitted to the Chief of Police, and in the event of denial the Chief of Police shall notify the applicant by certified mail, setting forth the reasons for denial. Within five days thereafter the applicant may file with the Township Committee a written request for a hearing on the application, together with written exceptions to the findings of fact upon which the Chief of Police based his or her denial of the application. Upon the filing of such a request, the Township Committee shall fix a time and place for a hearing and shall notify the applicant thereof, which hearing shall be held within 10 days after the request is filed. Within 10 days after the conclusion of the hearing, the Township Committee shall make its decision whether to issue or sustain the denial of the said permit.
Any permit which may have been issued may be revoked and canceled by the Chief of Police on a showing that any of the provisions of this chapter have been violated or for other good cause. Upon learning of the alleged violation of any provisions of this chapter, or for other good cause, the Chief of Police shall immediately suspend the permit and give the holder thereof written notice by certified mail of a hearing to be held by the Chief of Police within five days of such suspension to determine whether or not the permit should be revoked and canceled. The notice shall contain a statement of the facts upon which the Chief of Police has acted in suspending the permit. If, after such hearing, the Chief of Police finds that the chapter has been violated or other good cause exists, he or she shall, within five days after the hearing, revoke the permit and give the holder thereof written notice of the revocation and the reasons therefor. Or in the absence of such finding, the holder shall be notified within five days in writing of the termination of the suspension of the permit. In addition, any permit which may have been issued may be revoked and canceled for a violation of the said chapter or on good cause shown by majority vote of the Township Committee at any regular or special meeting thereof after five days' written notice to the permit holder and upon affording the permit holder an opportunity to be heard with respect to the reasons for such revocation and cancellation.
[Amended 11-9-2017 by Ord. No. 2017-10]
Any canvasser, peddler, itinerant vendor, or owner or employee of a door-to-door sales enterprise who violates any provision of this section, if convicted, shall be:
Subject to a maximum ordinance violation fine of $250 for the first offense; $500 for a second offense and $1,250 for a third offense;
Subject to 90 days in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days for any offense thereafter; and
Subject to a permanent revocation of any license issued to the within chapter.
[Added 11-9-2017 by Ord. No. 2017-10]
The Township Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that canvassing, peddling, itinerant vending, and door-to-door sales enterprises are not permitted on the premises (hereinafter referred to as the Little Egg Harbor Township No Knock Registry). Notification shall be completion of a form available at the Township Clerk's office during normal business hours. The list shall be updated monthly.
Any owner and/or occupant who has requested enlistment on the Little Egg Harbor Township No Knock Registry pursuant to Subsection A herein shall be able to procure from the Clerk's office a sticker for display at his/her/its premises indicating enlistment on the Little Egg Harbor Township No Knock Registry. The first sticker shall be provided free of charge and may be picked up in person during regular business hours. If a replacement sticker is required, the individual may pick up a replacement at the Clerk's office at no charge.
The Township Clerk shall distribute the current Little Egg Harbor Township No Knock Registry to a licensee at the time of issuance of a license to peddle, canvass, itinerant vend or otherwise door-to-door sell, pursuant to the provisions of this chapter. The licensee shall not peddle, canvass, itinerant vend or conduct door-to-door sales at any premises identified on the then-current Little Egg Harbor Township No Knock Registry.
Although the most current list of registrants on the Little Egg Harbor Township No Knock Registry shall be provided by the Township Clerk, it is the responsibility of the canvasser, itinerant vendor, or solicitor to have the most up-to-date list prior to performing their business.
[Added 11-9-2017 by Ord. No. 2017-10]
Any person, corporation, partnership, limited liability company, or other institution or entity that canvasses in order to obtain listings of real property, or to bring about the sale, lease, or purchase of real property, must provide advanced written notice to the Township Clerk before engaging in such activities. The advanced notice must provide the following information:
The names and addresses of the persons engaging in the canvassing or soliciting; and
The names and addresses of the individuals or companies by which such persons are employed; and
A listing of the streets or streets in the Township in which the canvassing or soliciting will take place and when; and
The starting and ending dates in which the canvassing, itinerant vending, or soliciting will take place; and
The applicant's places of residence for the preceding five years; and
A complete description of any motor vehicle to be used, including the make, model, color and registration number and all insurance information, including the name and address of the carrier, policy number and type of coverage; and
Two one-inch-square photographs showing the applicant's face shall accompany the application.
The notice required hereunder must be filed with the Township Clerk no less than 14 business days prior to the scheduled start date.
Provided the notice requirements have been satisfied, the Township Clerk shall issue a permit allowing the canvassing or soliciting to take place. This permit shall be valid for a period not to exceed 30 days from the date of issuance. Once expired, the permit must be renewed following the same notice requirements.
All applicants shall notify the Township, in writing, within 30 days of any changes in the information contained in the registration application.
There is no payment necessary for canvasser.
Upon issuance of the permit, a registration certificate shall be issued to the applicant. The canvasser or solicitor shall carry the registration certificate at all times and shall include:
Further, no individual or group of individuals may knowingly enter private property that has displayed a no knock sticker or is on the No Knock Registry.
Any registration issued in accordance with the provision of this article may be suspended or revoked by the Little Egg Harbor Township Municipal Court for any of the following reasons:
Fraud or misrepresentation in the application process.
Fraud or misrepresentation made during the course of conducting canvassing or soliciting.
Conducting the business of canvassing or soliciting in such a manner as to create a public nuisance or jeopardize the public's health, safety or welfare.
No person shall engage in the following acts:
The promoting, influencing, or attempt to promote or influence a property owner, occupant, or tenant to list for sale, sell, or remove from a lease real property by referring to race, color, sexual orientation, ethnicity, or religious affiliation of neighbors, prospective buyers, or other occupants of prospective occupants of real property.
Induce directly or indirectly, or attempt to induce directly or indirectly, the sale or listing for sale of real property by representing that the presence or anticipated presence of persons of any particular race, religion, or national origin in the area has resulted or may result in:
Make any representation (or misrepresentations) concerning the listing or sale of the anticipated listing for sale or the sale of any real property in any residentially zoned areas for the purpose of inducing or attempting to induce the sale or listing for sale of other real property in such area.
Make any representation to any prospective purchaser that any block, neighborhood or area has, will, or might undergo an adverse change with respect to the religious, racial, or ethnic composition of the block, neighborhood or area for the purpose of discouraging the purchase of property in a particular area.
Place a sign purporting to offer for sale any property that is not in fact offered for sale.
Advertise for sale or rental, a property which is nonexistent or which is not actually for sale or rental.
Engage in or hire or conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest, create or play upon fear with the purpose of inducing or attempting to induce the sale or listing for sale of real property.
To solicit or canvass any owner whose name and property address is included on the list maintained by the Township Clerk of persons requesting that they not be canvassed or solicited.
To engage in any economic reprisal or any other form of intimidation against any person because that person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under the terms of this article.
To aid, abet, incite, compel or coerce any person to engage in any of the practices forbidden by this article or to obstruct or prevent any person from complying with the provisions of this article.
Refer, directly or indirectly, or by implication, to race, color, creed, ethnicity, or sexual orientation in any advertisement or other solicitation offering real property for sale or rental.
Solicit or attempt to solicit the sale or rental or the listing for sale or rental of real property without furnishing in written form to the owner or occupier of such real property the name of the person or organization soliciting such sale, rental, or listing.
The Little Egg Harbor Township Police Department is charged with enforcing the provisions of this article.
Any person claiming to be aggrieved by an alleged unlawful practice forbidden by any section of this article may contact the police department by calling the nonemergent police phone line, and by themselves, or by their attorney-at-law, make, sign, and file a complaint directly with the Police Department, or with the Township Clerk, who shall forward the complaint to the Police Department for a full investigation.
In addition to any other enforcement actions, the Police Department or the Township Clerk may refer the complaint to the Real Estate Commission, the New Jersey Division of Civil Rights, or any other appropriate state or federal agency for disposition.
A person denied a permit or who has had a permit removed, may appeal that action to the Mayor, or his or her designee, by submitting a letter to the Township Clerk within 10 days of the complained action. A hearing on such appeal will then be scheduled within seven days after the receipt of the appeal, with the hearing to be held within 30 days after receipt of the appeal. The Mayor, or his or her designee, shall render a decision on the appeal within seven days after the date of the hearing which shall be final.
Any canvasser or solicitor who violates any provision of this section, if convicted, shall be subject to the violations and penalties set forth in § 269-11.
This article does not apply to real estate that is publicly advertised by sale or to "open houses," sponsored by the owner or listed by real estate agents for a specific home on a specific date and time.