[HISTORY: Adopted by the Township Council
of the Township of Stafford 3-5-1985 by Ord. No. 85-29. Amendments
noted where applicable.]
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 12-17-2019 by Ord. No. 2019-17]
Includes the words "patriotic," "philanthropic," "social
service," "welfare," "benevolent," "educational," "civic" and "fraternal,"
either actual or purported.
Political, patriotic, religious, service, welfare, benevolent,
educational, civic or fraternal corporations, associations, organizations,
and societies not organized for private gain. Examples of these organizations
include, but are not limited to, youth organizations such as Boy Scouts
of America, Girl Scouts of America, and their subsidiary organizations;
schools or educational associations; and groups and organizations
which assist the poor, aged, sick, physically or mentally disabled
or victims of fire, flood or similar catastrophes.
[Added 12-17-2019 by Ord. No. 2019-17]
Includes the Chief of Police or the commanding officer in
charge of the Stafford Township Police Department in the absence of
the Chief of Police.
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.
[Added 12-17-2019 by Ord. No. 2019-17]
Includes the words "alms," "food," "clothing," "money," "subscriptions,"
"property" and "donation" under the guise of a loan or money or property.
Includes hawkers, peddlers and salesmen, their agents, servants,
employees or representatives, who do not have or own any retail shop
or place of business in the Township of Stafford, who, with or without
any form of container, vehicle or other conveyance, shall, on the
streets or other public places of said 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 12-17-2019 by Ord. No. 2019-17]
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 12-17-2019 by Ord. No. 2019-17]
Do not 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 12-17-2019 by Ord. No. 2019-17]
The 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.
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 of Stafford
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 having obtained a permit
for such purpose.
[Amended 6-10-1986 by Ord. No. 86-21; 5-18-2004 by Ord. No. 2004-41]
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 hawking,
peddling and vending on public streets and highways within the Township
of Stafford is applicable to persons issued a special license.
[Amended 7-15-1986 by Ord. No. 86-24]
A.
An application for a permit as required in § 155-2 hereof shall be made to the Chief of Police upon forms provided by the Township Clerk of the Township of Stafford. Such application shall be sworn to and filed with said 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. The application shall include the name and address or headquarters or place of business of the person or persons applying for the permit and, if said applicant is not an individual, then the names and addresses of the applicant's principal officers and managers. It shall contain a description of the goods, wares and merchandise to be sold or the purpose for which the solicitation is being made and 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.
B.
At the time of filing the application, a fee of $150
shall be paid to the Township Clerk to cover the cost of the investigation
of the facts stated therein. If the applicant has previously been
investigated by the Stafford Township Police Department on a previous
license application in the same calendar year, and if after said investigation
a license was issued to said individual, then and in that event the
application fee stated herein shall be reduced to the sum of $50.
D.
Duly established and recognized charitable and religious
organizations and institutions shall not be required to pay the aforementioned
application fees nor shall they be required to submit two letters
of recommendation regarding moral character with their solicitation
permit application.
[Added 9-3-1991 by Ord. No. 91-55]
[Amended 7-15-1986 by Ord. No. 86-24]
A.
Upon receipt of such application, the original shall
be referred to the Chief of Police, who shall cause such investigation
of the applicant's business and moral character to be made 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 responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reasons for the same and return said application to the Township
Clerk, who shall notify the applicant that his application is disapproved
and that no permit and license will be issued.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his approval,
execute a permit addressed to the applicant for the carrying on of
the business applied for and return said permit, along with the application,
to the Township Clerk. The Township Clerk shall, upon payment of the
prescribed license fee, deliver to the applicant his permit and issue
a license. Such license shall contain the signature and seal of the
issuing officer and shall show the name, address, the class of license
issued and the kind of goods to be sold thereunder, the amount of
fee paid, the date of issuance and the length of time the same shall
be operative. The Clerk shall keep a permanent record of all licenses
issued.
D.
Duly established and recognized charitable and religious
institutions shall be exempt from the aforementioned investigation
requirements prior to the issuance of a solicitation permit.
[Added 9-3-1991 by Ord. No. 91-55]
A.
The Township Clerk shall issue to each licensee at
the time of delivery of his license a badge which shall contain the
words "licensed solicitor" or "peddler," the period for which the
license is issued and the number of the license in letters and figures
easily discernible from a distance of 10 feet. Such badge shall, during
the time such licensee is engaged in soliciting, be worn constantly
by the licensee on the front of his outer garment in such a way as
to be conspicuous.
B.
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 and address of such organization.
Said badge or ribbon shall be worn and conspicuously displayed on
the front of the clothing of such agent, representative or employee.
Said badge or ribbon shall be of sufficient size to be easily discernible
from a distance of 10 feet.
[Amended 9-3-1991 by Ord. No. 91-55]
C.
At the time the permit is issued, the Township Clerk
shall also issue two stickers for each of the vendor's vehicles. Said
stickers shall contain the words "licensed solicitor" or "peddler"
and the year of the permit. Said stickers must be displayed in a prominent
location in both the front and rear of the vehicle and in close proximity
to the license plate.
[Added 3-3-1998 by Ord. No. 98-27]
[Amended 7-15-1986 by Ord. No. 86-24]
A.
For each permit to sell any goods, wares or merchandise,
the applicant shall pay to the Township of Stafford the sum of $15,
and said permit shall expire December 31 next ensuing the date of
issuance.
B.
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 $15 for each additional person who
will sell any goods, wares or merchandise and an additional $15 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 less than one year.
C.
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.
D.
No selling or soliciting shall be permitted except
between the hours of 9:00 a.m. and 7:00 p.m., inclusive, provided
that home deliveries of milk, bread and the like shall not be circumscribed
hereby and provided, further, that trucks peddling coffee, doughnuts
and similar items to work sites shall not be limited to the hours
herein provided.
[Amended 2-5-1991 by Ord. No. 91-10; 11-2-2009 by Ord. No. 2009-47]
[Amended 2-20-1990 by Ord. No. 90-10]
An application for a permit shall be granted
or denied within 21 days from the date that said application is submitted
to the Chief of Police, and in the event of denial, the Township Clerk
shall notify the applicant by certified mail, setting forth the reasons
for denial. Within five days thereafter, the applicant may file with
the Township Council a written request for a hearing on said application,
together with written exceptions to the findings of fact upon which
the Chief of Police based his denial of the application. On the filing
of such a request, the Township Council 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 Council shall
make its decision whether to issue or sustain the denial of said permit.
[Amended 7-7-1992 by Ord. No. 92-42]
Any permit which may have been issued under
this chapter may be revoked and canceled by the Chief of Police on
a showing that there have been continued violations of this chapter
or for other good cause. Upon learning that a permit holder has been
convicted in Municipal Court of violating provisions of this chapter
for a third time in a calendar year, 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 him 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 shall, within five days after the hearing, revoke the permit
and give the holder thereof written notice of said 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 said chapter
or on good cause shown, on a majority vote of the Township Council
at any regular or special meeting thereof, after five days' written
notice to the permit holder and upon affording said holder an opportunity
to be heard with respect to the reasons for such revocation and cancellation.
[Added 6-10-1986 by Ord. No. 86-21; amended 11-1-2010 by Ord. No. 2010-37; 3-19-2019 by Ord. No. 2019-02]
The business of vending shall be subject to the following regulations:
A.
The business
of vending may be conducted between the hours of 7:00 a.m. and 9:00
p.m., and all vending units shall be off the streets and sidewalks
of the Township between 9:00 p.m. and 7:00 a. m.
B.
All vending
units must be mobile.
C.
There
shall be no vending within 200 feet of any school, church, synagogue
or other house of worship while the same is in session.
D.
No vending
units or motor vehicles shall be left unattended for any reasons on
the streets or sidewalks of the Township.
E.
All vendors
in the business of selling food and/or beverages shall have a litter
receptacle available for public use. All litter and refuse shall be
collected and taken away by the vendor when he or she leaves the location.
F.
All materials
and merchandise related to the vending business must be located on
the vending unit.
G.
No vendor
shall offer for sale any merchandise other than that described in
his/her registration.
H.
No vendor
shall have an exclusive right to any location in the public streets,
nor shall he/she be permitted to vend from a permanent public location.
I.
No vendor
shall be permitted to operate in any area where such operation might
unreasonably impede traffic, jeopardize the public's health, safety
or welfare or create a public nuisance.
J.
No vendor
shall place his or her vending unit within 500 feet of any location
already being used by another vendor or established merchant.
[Added 6-10-1986 by Ord. No. 86-21; amended 4-21-1987 by Ord. No. 87-29; 12-15-1992 by Ord. No. 92-82; 11-1-2010 by Ord. No. 2010-37; 3-19-2019 by Ord. No. 2019-02]
A.
No vendor of goods, who sells such goods from a moving
vehicle, shall vend from a private property without the written consent
of the private property owner.
B.
The vendor must have, in his or her possession, the
written consent of the private property owner and must produce the
same upon a request from the Stafford Township Police Department or
other law enforcement officer of the Township.
C.
The vendor cannot leave his vehicle upon private property for the purpose of attracting customers overnight, between the permissible hours for vending in the Township set forth at § 155-10A.
D.
The provisions of this section shall not apply to
an individual who operates out of a fixed structure and who has obtained
all of the necessary permits and/or approvals required by the Township
for the operation of a business from a structure located on real property.
[Added 12-17-2019 by Ord. No. 2019-17[1]]
No individual or group of individuals may knowingly enter private
property that has displayed a "No Solicitation" sticker or is on the
No Solicitation Registry.
A.
The Township
Clerk shall prepare a list of addresses of those premises where the
owner and/or occupant has notified the Clerk that canvassing, commercial
solicitation, peddling, itinerant vending, and door-to-door sales
enterprises are not permitted on the premises (hereinafter referred
to as the Stafford Township "No Solicitation 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.
B.
Any owner and/or occupant who has requested enlistment on the Stafford Township No Solicitation Registry pursuant to Subsection A herein shall be able to procure from the Clerk's office a sticker cling for display at his/her/its premises indicating enlistment on the Stafford Township No Solicitation Registry. The first sticker cling shall be provided free of charge and may be picked up in person during regular business hours. If a replacement sticker cling is required, the individual may pick up a replacement at the Clerk's office at no charge.
C.
The Township
Clerk shall distribute the current Stafford Township No Solicitation
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,
solicit, itinerant vend or conduct door-to-door sales at any premises
identified on the then-current Stafford Township No Solicitation Registry.
D.
Although
the most current list of registrants on the Stafford Township No Solicitation
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.
E.
Any canvasser,
commercial solicitor, 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:
(1)
Subject
to a maximum ordinance violation fine of $1,250 for the first offense;
(2)
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
(3)
Subject
to a permanent revocation of any license issued to the within chapter.
F.
Solicitation
does not include communications by charitable organizations as defined
in this chapter. Members of these organizations shall not be required
to register with the Township Clerk, but shall not conduct door-to-door
fundraising activities at any residence at which there is a visible
"No Solicitation" sticker cling.
[Amended 6-10-1986 by Ord. No. 86-21; 2-21-1989 by Ord. No. 89-22; 7-7-1992 by Ord. No. 92-42; 3-3-1998 by Ord. No. 98-27]
A.
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined by the Municipal Court Judge. The continuation of such
violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
C.
This chapter shall be enforced by the Police Department,
Code Enforcement Officer, Zoning Officer or any other employee designated
by the Township Council by resolution to enforce this chapter.
