For purposes of this Article, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
The practice of going from house to house or from apartment to apartment
for the purpose of obtaining the views of any person upon any economic or
social question or project or for the purpose of distributing literature,
pamphlets, circulars, samples and the like for the purpose of information,
advertising or for commercial purposes.
Any individual, firm, copartnership, corporation, company, association
or joint-stock association, society, organization or league, and includes
any trustee, receiver, assignee, manager, agent or other similar representative
thereof. The word "person" shall also include the singular and plural.
The practice of going from house to house or from apartment to apartment
to sell or deliver goods by sample or to take orders for future delivery of
goods or services.
No person shall solicit or canvass or go from house to house or apartment
to apartment to sell or deliver goods by sample or to take orders for future
delivery of goods or services, with or without accepting advance payment,
or to distribute literature, pamphlets, circulars, samples and the like for
the purpose of information, advertising, commercial purposes or for other
purpose unless he first obtains a written permit from the officer in charge
at police headquarters, as provided for in this Article.
A.
A person who desires a permit under this Article to canvass
or to solicit shall file an application with the officer in charge at police
headquarters. Such application shall be filed upon a form provided by the
borough, which shall read substantially as follows:
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APPLICATION FOR PERMIT TO SOLICIT OR CANVASS
All Questions Must Be Answered
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Full name:
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Address:
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Age: ___________ Height: ___________ Weight: ___________ Hair: ___________
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Eyes: ______________ Sex: _____________ Complexion: ____________________
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Date of birth: ______________ Place of birth:
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How many years you have lived at the above address:
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Previous address: __________________ Years there:
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Have you ever been arrested for the commission of a crime?
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If so, state the facts of the same:
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Name of person or company represented:
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Address: (Includes home and office and phone numbers)
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Purpose of canvassing or soliciting:
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If merchandise (describe):
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(If sales contract, submit a sample copy of the same.)
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If survey (Type of questions to be asked. Submit list of questions to
be asked.)
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Have you been refused a soliciting or canvassing permit within the past
three years?
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Where?
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If so, state the reason why:
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List other municipalities where you have received soliciting or canvassing
permits:
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Attach a letter from the person or company authorizing the applicant
to act as a representative.
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CERTIFICATION
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I do solemnly declare and certify under the penalties of the law that
the foregoing answers are true and correct.
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Applicant
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DATED:
WITNESS:
(A nonrefundable application fee of $15 must be paid to the Borough
Clerk upon filing of this application.)
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B.
The applicant shall also furnish such supplemental papers
or proofs as may be called for by the questionnaire. The application shall
be filed at least 30 days prior to the time when the permit applied for shall
become effective, provided that the Chief of Police may, upon good cause shown,
allow the filing of an application within a shorter period of time.
After due investigation and after fingerprinting the applicant and upon
being satisfied that the applicant is of good moral character and that he
is canvassing or soliciting for a project free from fraud, the officer in
charge at police headquarters shall have the power to issue a permit to canvass
or solicit, after receiving assurance that the proper permit fee required
under § 201-35 has been paid to the Borough Clerk. Such permit shall
be valid until December 31 of the year in which the same is issued. In addition,
the applicant shall, at the same time be furnished with a badge bearing the
words "Licensed Solicitor, New Providence, N.J." or "Licensed Canvasser, New
Providence, N.J.," as the case may be, which badge shall have a serial number
placed thereon corresponding to the number of the applicant's permit.
He shall pay the sum of $1 to the Borough Clerk for such badge, and if the
same is lost or mislaid, it will be replaced upon payment of the additional
sum of $1.
On the expiration of the permit, the holder shall surrender it to the
officer in charge at police headquarters, or he may apply for the renewal
of the permit.
Any permit issued under this Article may, in the discretion of the officer
in charge at police headquarters, be revoked as the result of further investigation
in regard to the character of the permittee or for the making of any false
statement or statements or for the failure on the part of the permittee to
observe any provision of this Article.
A.
No canvassing or soliciting shall be done except between
the hours of 9:00 a.m. and 9:00 p.m. on each weekday and between the hours
of 1:00 p.m. and 9:00 p.m. on Sundays, excluding holidays, unless special
permission is granted by the Mayor and Borough Council.[1]
B.
A permittee shall not solicit or canvass in an unlawful
manner nor in such a manner as to constitute a breach of the peace nor in
such a manner as to constitute a menace to the health, safety or general welfare
of the public. A permittee shall not accost anyone against his will or desire.
The permittee shall carry his permit and exhibit it to any police officer
or other person upon request. He shall also, at all times when engaging in
soliciting or canvassing, wear the badge which is issued to him in such a
way so that the same may be easily discernible at a distance of 10 feet.
This Article shall not affect the solicitation of business by any person
engaged in the delivery of goods, wares or merchandise or other articles or
things on a regularly established route to the premises of persons ordering
or entitled to receive them or any charitable campaign or charitable solicitation
or collection conducted within the borough which has been approved by the
Mayor and Council.
