HISTORY: Adopted by the Borough Council of
the Borough of Pennington 12-4-1961 by Ord. No. 200; amended in its entirety by 9-4-2018 by Ord. No. 2018-11. Subsequent amendments noted where applicable.]
The purpose of this chapter is to protect the persons, property,
privacy and well-being of Borough residents. The regulations contained
in this chapter are intended to accomplish this purpose by ensuring
that before entering upon the properties of residents or approaching
them in their homes all peddlers, solicitors and canvassers, whether
commercial or nonprofit, have been registered with the Borough. In
addition, the regulations seek to promote the privacy of residents
by enabling them to register their residence on a Do-Not-Solicit list
maintained by the Borough. Commercial vendors are also required to
register with the Borough in order to approach residents in the streets
or other public places of the Borough or to work from a stationary
location in a public place.
As used in this chapter, the following terms have the meanings
indicated.
Communicating or attempting to communicate with residents
to promote, distribute information about, seek support or solicit
money for any religious, charitable, educational, civic, fraternal,
political or other not-for-profit organization or cause, when done
by traveling from house to house. A canvasser is one engaged in house-to-house
canvassing.
Any person providing goods or services whose normal business
involves the sale, rental, lease or provision of those goods or services.
All individuals and entities using representatives to engage
in peddling, soliciting or canvassing on their behalf, regardless
of whether or how the representatives are compensated or the nature
of the employment or contractual relationship. All affiliated companies,
organizations and enterprises shall constitute a single employer.
An employee, as used in this chapter, shall include all such authorized
representatives of an individual or entity.
The selling or attempted selling of goods or services by
a commercial vendor when done from a stationary location on a street
or other public place or by traveling from house to house, place to
place or street to street. A peddler is an individual engaged in peddling.
The taking or attempted taking of orders by a commercial
vendor for the sale of goods or services to be delivered or performed
at a future time when done from a stationary location on a street
or other public place or by traveling from house to house, place to
place or street to street. A solicitor is an individual engaged in
soliciting.
It shall be unlawful for any individual to engage in peddling,
soliciting or canvassing in the Borough of Pennington without first
registering for that purpose as further provided in this chapter.
The only exceptions to this requirement shall be individuals possessing
a peddler or similar license pursuant to New Jersey statute, N.J.S.A.
45:24-1 et seq.
A.
An individual seeking to register as a peddler, solicitor or canvasser
under this chapter shall file an application with the Borough Clerk
on the applicable form supplied by the Borough Clerk or found on the
Borough website. The application shall contain:
(1)
The applicant's name and current address;
(2)
Contact information;
(3)
The purpose of the intended peddling, soliciting or canvassing and
a description of any goods or services to be sold or given away as
part of the solicitation or canvass;
(4)
The name, address and contact information of the applicant's
employer, if applicable; and
(5)
A signed statement under oath swearing to or affirming the truth
of the supplied information.
B.
The completed application form shall be submitted to the Borough Clerk, together with state-issued photo identification, which will be copied and immediately returned to the applicant, and in the case of peddlers, solicitors and canvassers working on behalf of an employer, a signed consent on a form supplied by the Borough by which the employer consents to be served by mail with any summons or complaint relating to the conduct of the registrant in violation of this chapter. Peddlers and solicitors shall also submit to the Borough Clerk the appropriate registration fee as set forth in Article VI of Chapter 98 of the Code. There shall be no fee for registration of canvassers.
C.
Upon the applicant's submission of a complete registration application,
the required identification, the employer's consent to be served
by mail, if applicable, and any applicable fee, the Borough Clerk
shall return to the applicant a copy of the application, which the
applicant must retain as proof of registration, as well as a copy
of the employer's consent to service. The Clerk shall retain
on file the original application, the original consent to service,
and a copy of the applicant's state-issued identification.
Any person registered as a peddler, solicitor or canvasser shall
carry a copy of the completed registration application, together with
state-issued personal identification, at all times while acting as
or carrying on the business of a peddler, solicitor or canvasser and
shall display the same upon request.
Registration pursuant to this chapter shall expire on December
31 next succeeding the date of registration.
No activity permitted in accordance with this chapter shall
occur before 9:00 a.m. or after 9:00 p.m.
A.
All residents of the Borough may register their name and address
with the Borough Clerk, together with a request to be placed on one
of two Do Not Solicit lists to be maintained by the Borough. One list
shall register residents who do not wish to be approached at their
residence or within the perimeter of their property by any peddler,
solicitor or canvasser without exception. The second list shall register
residents who do not wish to be approached at their residence or within
the perimeter of their property by any peddler or solicitor only.
B.
All residents who have registered on a Do Not Solicit list may obtain
from the Borough Clerk at no charge a sticker for display on their
property warning that the property is on a no-solicit list. Display
of a sticker is not required for enforcement of the no-solicit ban.
C.
It shall be unlawful for a peddler, solicitor or canvasser to approach
or seek personal contact with the occupant of any residence either
at the residence or within the perimeter of the property if the residence
is registered on an applicable Do Not Solicit list.
D.
All peddlers, solicitors and canvassers shall be required to obtain
the most current applicable Do Not Solicit list from the Borough Clerk.
E.
Residents shall remain on the Do Not Solicit list until they request
to be removed or move from the registered address.
F.
The Borough Clerk shall maintain the two Do Not Solicit lists and
provide copies to all individuals who register as a peddler, solicitor
or canvasser. The Clerk shall thereafter provide these individuals
with updated copies of the lists upon request.
G.
The Borough Clerk shall also maintain copies of the lists on the
Borough website.
H.
The Borough Clerk shall forward copies of the lists and list updates
to the Director of Public Safety for enforcement purposes.
Enforcement of this chapter shall be the responsibility of the
Pennington Police Department.
B.
Each act constituting peddling, soliciting or canvassing when performed
without first registering with the Borough as required by this chapter,
or after or before the hours permitted by this chapter, shall be considered
a separate offense. Each instance in which a peddler, solicitor or
canvasser enters upon the property of a residence on an applicable
Do Not Solicit list shall also be considered a separate offense.
C.
Any person who submits false information as part of the registration
process shall be subject to a fine of up to $1,000.
D.
Employers of individuals who violate or are charged with violating
this chapter shall be charged with a violation as well if the violations
of one or more of the employees occurred or is alleged to have occurred
over an aggregate of three or more days within a period of three years.
The name of the employer on whose behalf individuals are accused or
convicted of peddling, soliciting or canvassing in violation of this
chapter, when applicable, shall be stated in the summons or complaint
and in the record of conviction of the violating individual or individuals,
respectively. The employer shall be sent by mail a copy of the summons
and complaint and record of conviction of each affected individual.
E.
If one or more employees of an employer are convicted of committing
violations of this chapter over an aggregate of three or more calendar
days within a three-year period, that employer, after notice and opportunity
to be heard, shall be prohibited from future peddling, soliciting
and canvassing in the Borough for three years. The notice to the employer
shall be by summons or complaint sent by mail in accordance with the
signed consent supplied as part of the registration process. For the
purpose of this chapter, being "convicted" of a violation of this
chapter shall include failing to appear in response to summons or
complaint. "Employer" and "employees" shall be defined as set forth
above.
