[HISTORY: Adopted by the Township Committee
of the Township of Shamong 11-5-2003 by Ord. No. 2003-8.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance superseded
former Ch. 133, Peddling and Soliciting, adopted 6-6-1961 by Ord.
No. 1-1961.
The following words, terms, and phrases, and
their derivations, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly
indicates a different meaning.
Includes nonprofit organizations such as patriotic, philanthropic,
social service, health welfare, benevolent, educational, civic, cultural
or fraternal organizations.
Includes the words “alms,” “money,”
“subscription,” “property” or any donations
under the guise of a loan or money or property.
Any person who goes upon the premises of any private residence
in the Township, not having been invited by the occupant thereof,
carrying or transporting goods, wares, merchandise or personal property
of any nature and offering the same for sale. This definition also
includes any person who solicits orders and as a separate transaction
makes deliveries to purchasers as part of the scheme to evade the
provisions of this chapter.
Includes all activities ordinarily performed by a peddler
as indicated under the definition of “solicitor.”
A natural person or any firm, corporation, association, club,
society or other organization.
Includes all activities ordinarily performed by a solicitor
as indicated under the definition of “solicitor.”
Any person who goes upon the premises of any private residence
in the Township, not having been invited by the occupant thereof,
for the purpose taking or attempting to take orders for the sale of
goods, merchandise, wares, or other personal property of any nature
for future delivery, or for services to be performed in the future.
This definition also includes any person who, without invitation,
goes upon private property, to request contribution of funds or anything
of value, or sell goods or services for political, charitable, religious,
or other non-commercial purposes.
It shall be unlawful for any person 18 years
of age or older to engage in peddling or solicitation activities within
the Township of Shamong without first obtaining a permit issued by
the Township; provided, however, that the following are exempted from
the provisions of this section.
A.
Any solicitation made upon premises owned or occupied
by an organization upon whose behalf the solicitation is made;
B.
Any communication by an organization soliciting contributions
solely from persons who are members of the organization at the time
of such solicitation;
C.
Any solicitation in the form of a collection at a
regular meeting, assembly or service of a charitable person; or
D.
Any solicitation for the relief of any individual
specified by name at the time of the solicitation where the solicitor
represents in each case that the entire amount collected shall be
turned over to the named beneficiary.
A.
No person under the age of 18 shall be permitted to
engage in peddling except as provided in this section.
B.
A permit shall be obtained by a sponsoring person,
company or organization for the conduct of any peddling or solicitation
activities involving, in whole or in part, a sales force of one or
more persons under 18 years of age.
C.
The sponsor shall be responsible for supervising and
controlling the conduct of all persons, including juveniles, peddling
under the sponsor’s permit.
D.
The sponsor shall provide to each individual in its
sales force a badge or other easily readable form of identification
which identifies the name of the sponsor and the name of the individual.
The sponsor shall require all individuals in its sales force to wear
such identification so that it is clearly visible at all times when
the individuals are peddling or soliciting.
E.
The sponsor shall comply with the requirements of
the state laws regarding the employment of youth.
Every person subject to the provisions of this
chapter shall file with the Township Clerk an application in writing
on a form to be furnished by the Township, which shall provide the
following information:
A.
Proof of age, address and identification of the applicant,
to be provided through the applicant’s driver’s license,
articles of incorporation (for sponsors), or other legally recognized
form of identification;
B.
A brief description of the business or activity to
be conducted;
C.
Hours and location for which the right to peddle or
solicit is desired;
D.
If employed, the name, address and telephone number
of the employer; or if acting as an agent, the name, address and telephone
number of the principal who is being represented, with credentials
in written form establishing the relationship and the authority of
the employee or agent to act for the employer or principal, as the
case may be;
E.
A statement as to whether or not the applicant has
been convicted of a felony, misdemeanor or ordinance violation (other
than traffic violations), the nature of the offense or violation,
the penalty or punishment imposed, the date when and place where such
offense occurred, and other pertinent details thereof;
F.
Proof of possession of any license or permit which,
under federal, state or local laws or regulations, the applicant is
required to have in order to conduct the proposed business, or which,
under any such law or regulation, would exempt the applicant from
the licensing requirements of this chapter;
G.
Two photographs of the applicant which shall have
been taken within 60 days immediately prior to the date of filing
of the application. The photographs shall measure at least two inch(es)
by two inch(es) and show the head and shoulders of the applicant in
a clear and distinguishing manner; and
H.
The make, model, year, color and license plate number
of the automobile(s) to be used by the registrant during the period
of solicitation within the Township.
[Amended 7-10-2013 by Ord. No. 2013-06]
At the time the application is filed with the
Township, the applicant shall pay a fee to cover the cost to the Township
of processing the application and investigating the facts stated therein.
The permit fee shall be $100 for each solicitor or peddler.
All solicitors requiring cash deposits or taking
orders for cash on delivery purchases (COD) or who require a contract
of agreement to finance the sale of any goods, services, or merchandise
for future delivery, or for services to be performed in the future,
shall furnish to the Township a bond in the amount of $10,000.
A.
Upon receipt of an application, the Township Clerk,
or authorized representative, shall review the application as deemed
necessary to ensure the protection of the public health, safety and
general welfare.
B.
If the Township Clerk finds the application to be
satisfactory, the Township Clerk shall endorse his approval on the
application and shall, upon payment of the prescribed fee, deliver
the required permit to the applicant.
C.
The permit shall show the name, address and photograph
of the permittee, the class of permit issued, the kind of goods or
services to be sold or delivered, the date of issuance, and the length
of time that the permit shall be in effect. The permit shall also
show the permit number and identifying description of any vehicle
to be used in carrying on the business for which the permit is issued.
D.
A record of all permits issued shall be maintained
by the Township for a period of two years.
A.
Upon the Township Clerk’s review of the application,
the Township Clerk may refuse to issue a permit to the applicant under
this chapter for any of the following reasons:
(1)
The location and time of solicitation or peddling
would endanger the safety and welfare of the solicitors, peddlers
or theft customers;
(2)
An investigation reveals that the applicant falsified
information on the application;
(3)
The applicant has been convicted of a felony, misdemeanor
or ordinance violation involving a sex offense, trafficking in controlled
substances, or any violent acts against persons or property, such
conviction being entered within the five years preceding the date
of application;
(4)
The applicant is a person against whom a judgment
based upon, or conviction for, fraud, deceit or misrepresentation
has been entered within the five years immediately preceding the date
of application;
(5)
There is no proof as to the authority of the applicant
to serve as an agent to the principal; or
(6)
The applicant has been denied a permit under this
chapter within the immediate past year, unless the applicant can and
does show to the satisfaction of the Township Clerk that the reasons
for such earlier denial no longer exist.
B.
The Township Clerk’s disapproval and the reasons
for disapproval shall be noted on the application, and the applicant
shall be notified that his application is disapproved and that no
permit will be issued. Notice shall be mailed to the applicant at
the address shown on the application form, or at the applicant’s
last known address.
All permits issued under the provisions of this
chapter shall expire one year from the date of issuance, unless an
earlier expiration date is noted on the permit.
A permittee shall be required to display in
a conspicuous manner the permit at all times and show same upon request.
Every person required to obtain a permit under
the provisions of this chapter shall exhibit the permit when requested
to do so by any prospective customer or Township employee.
It shall be unlawful for any person other than
the permittee to use or display any permit issued under the provisions
of this chapter.
It shall be unlawful for any person, whether
licensed or unlicensed, while conducting the business of a peddler
or solicitor, to enter upon any residential premises in the Township
where the owner, occupant or person legally in charge of the premises
has posted, at the entry to the premises, or at the entry to the principal
building on the premises, a sign bearing the words “No Peddlers,”
“No Solicitors,” or words of similar import.
[Amended 3-5-2019 by Ord.
No. 2019-3]
No person, while conducting the activities of a peddler or solicitor,
whether licensed or unlicensed, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences between
the hours of 9:00 p.m. and 9:00 a.m. Peddling or soliciting in public
areas, including streets as otherwise permitted by law, shall likewise
be prohibited between the hours of 9:00 p.m. and 9:00 a.m.
Any permit issued under this chapter may be
revoked or suspended by the Township Clerk, after notice and hearing,
for any of the following reasons:
A.
Fraud, misrepresentation or false statement contained
in the application for a permit;
B.
Fraud, misrepresentation or false statement made by
the permittee in the course of conducting solicitation or peddling
activities;
C.
Conducting peddling or solicitation activities contrary
to the provisions contained in the permit;
D.
Conviction for any crime involving moral turpitude;
or
E.
Conducting peddling or solicitation activities in
such a manner as to create a public nuisance, constitute a breach
of the peace or endanger the health, safety or general welfare of
the public.
Notice of a hearing for revocation of a permit
issued under this chapter shall be provided in writing and shall set
forth specifically the grounds for the proposed revocation and the
time and place of the hearing. Notice shall be mailed, postage prepaid,
to the permittee at the address shown on the permit application or
at the last known address of the permittee.
A.
Any person aggrieved by the action or decision of
the Township Clerk to deny, suspend or revoke a permit applied for
under the provisions of this chapter shall have the right to appeal
such action or decision to the Township Committee within 15 days after
the notice of the action or decision has been mailed to the person’s
address as shown on the permit application form, or to his last known
address.
B.
An appeal shall be taken by filing with the Township
Clerk a written statement setting forth the grounds for the appeal.
C.
The Township Clerk shall transmit the written statement
to the Township Committee within 10 days of its receipt and the Township
Committee shall set a time and place for a hearing on the appeal.
D.
A hearing shall be set not later than 20 days from
the date of receipt of the appellant’s written statement.
E.
Notice of the time and place of the hearing shall
be given to the appellant in the same manner as provided for the mailing
of notice of action or decision.
F.
The decision of the Township Committee on the appeal
shall be final and binding on all parties concerned.
A.
The following persons shall be exempt from paying
any license fee or posting any bonding requirements under the terms
of this article; provided, however, that such person shall have established
his or her exemption status:
B.
Any person claiming to be legally exempt from the
regulations set forth in this chapter, or from the payment of a permit
fee, shall cite to the Township Clerk the statute or other legal authority
under which exemption is claimed and shall present to the Township
Clerk proof of qualification for such exemption.
[Amended 5-6-2008 by Ord. No. 2008-005]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, § 1-15, governing general penalty provisions.
The provisions of this chapter are declared
to be severable. If any section, sentence, clause, or phrase of the
chapter shall for any reason be held to be invalid or unconstitutional
by a court of competent jurisdiction, such decisions shall not affect
the validity of the remaining sections, sentences, clauses, and phrases
of this chapter, but they shall remain in effect; it being the legislative
intent that this chapter shall remain in effect notwithstanding the
validity of any part.
