[HISTORY: Adopted by the Township Committee
of the Township of Woolwich 10-3-2005 by Ord. No. 2005-33. Amendments noted
where applicable.]
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the following terms shall
have the meanings indicated:
Includes political, patriotic, religious, service, welfare,
benevolent, educational, civic or fraternal corporations, organizations,
associations, societies and the like not organized for private gain.
Examples of nonprofit organizations include veterans groups and organizations
which assist the poor, the aged, the sick, the physically disabled
or mentally retarded or which aid victims of fire, flood or similar
catastrophes. This enumeration is intended to be typical and shall
not be construed as exclusive. All applicants shall provide satisfactory
proof of nonprofit status upon request, including but not limited
to evidence of tax exemption.
Includes alms, food, clothes. money, subscription or property
of any nature or kind.
Includes anything or any service sold or offered for present
or future sale by a vendor, including but not limited to merchandise,
goods, food, seasonal items, home repair services, flowers or greens.
Any person, who goes from house to house or front place to
place offering or exposing merchandise or services for present or
future sale, prophesying or preaching, or who engages in any of the
foregoing activities from a location on the street or other public
place. Included in the definition are persons who go from house to
house or place in place collecting information, financial contributions
or distributing literature.
Any natural person, individual, firm, co-partnership, corporation,
company, association, church, religious denomination, society, class
or league and principal or agent thereof.
The request, directly or indirectly, of money, credit, property,
financial assistance and other things of value on the plea or representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable and philanthropic purpose as
defined in this chapter. Solicitation shall be deemed to be complete
when made, whether or not the person making the same receives any
contribution.
The purpose of this chapter is to promote orderly
business practices, protect public safety and health, prevent unfair
business practices, promote the quiet enjoyment of public and private
lands and to provide for the appropriate use of land of the Township
of Woolwich in accordance with the Development Regulations and Zoning
Ordinance by the regulation of conduct and the imposition of license
fees.
A.
No person duly licensed under this article shall hawk, peddle or
solicit except during the hours of 9:00 a.m. and 30 minutes after
sunset. No one shall be permitted to solicit or canvass on Sunday.
[Amended 12-3-2018 by Ord. No.
2018-18]
B.
It shall be unlawful for any merchant to operate from
any particular location unless such location complies with all zoning
and site plan requirements of the Development Regulations and Zoning
Ordinance and all necessary approvals have been granted for such location
by the Planning Board and/or Zoning Board of Adjustment.
C.
Except as provided in § 140-4 below, any person claiming an exemption from the license required by this chapter under state or federal law will not be allowed to do business in the Township unless at least 10 working days before beginning business activity:
(1)
They submit sufficient proof of their eligibility
for exemption.
(2)
They complete the application process as otherwise
required by this chapter in order that they may be identified and
regulated as allowed by law.
(3)
They appear of good character as evidenced by lack
of criminal convictions in crimes of theft, fraud, burglary or the
like.
The requirements of this chapter, insofar as
same shall apply to fees for peddlers, solicitors, vendors and transient
merchants, shall be held not to include the following persons, who
are hereby expressly exempt from its application:
A.
Person honorably discharged from the military services
of the United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 45:24-10.
B.
Any person who is an exempt fireman of a volunteer
fire department, as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing
a license in conformity with said law.
Any person desiring a license pursuant to this
chapter shall file with the Township Clerk an application to be supplied
by the Clerk. The application shall be completed in triplicate and
filed with the Clerk at least 30 days prior to the first day of the
proposed activity. The applicant shall furnish the following along
with the completed application:
B.
A statement as to whether or not the applicant has
been charged with or convicted of any crime or disorderly persons
offense or violation of any municipal ordinance other than a traffic
violation and the nature, dates and places of such offenses and the
punishment or penalty assessed therefor.
C.
An original letter addressed to the Township Clerk
from the firm for which the applicant purports to work, authorizing
the applicant to act as its representative.
D.
A list of all towns in New Jersey in which the applicant
has conducted business in the last 12 months, setting forth the specific
dates.
E.
A statement of whether the applicant has been refused
or had revoked a similar license at any time.
F.
Original social security card.
G.
A current driver's license.
H.
A New Jersey sales tax certificate.
I.
Federal taxpayer identification number.
J.
Proof of insurance where insurance is required by
this chapter.
K.
An instrument in writing nominating and appointing
the Clerk his true and lawful agent with full power and authority
to acknowledge service of notice of process for and on behalf of the
applicant in respect to any matters connected with or arising out
of license. It shall also contain recitals to the effect that the
applicant consents and agrees that service of any notice of process
may be made upon such agent and, when so made, shall be as valid as
if personally served upon the applicant according to the laws of this
or any state and waiving all claim or right of error by reason of
such acknowledgment of service or manner of service.
L.
For transient merchants, the specific location of
operation and a certificate from the Zoning Officer stating that all
zoning and site review requirements of the Development Regulations
and Zoning Ordinance have been complied with for the subject location
and that all necessary approvals have been granted for such location
by the Planning Board and/or Zoning Board of Adjustment and the written
permission of the owner of the premises for the use of same.
When the application is properly filled out
and signed by the applicant, it shall be the duty of the Chief of
Police to investigate the statements made therein. After investigation,
the Chief shall indicate approval or disapproval in writing upon the
application. In case of disapproval of an application, the applicant
may appeal to the Township Committee. Committee shall set a time and
place for a hearing, which hearing shall be held within 10 days after
appeal is taken by the applicant; at which time the applicant will
be given an opportunity to present his reasons why the license should
be issued. The decision of Committee shall be final.
A.
The completed application shall be referred to the Chief of Police
who shall review same within five business days of receipt.
[Amended 12-3-2018 by Ord. No.
2018-18]
B.
The Chief of Police shall endorse on such application
his approval or disapproval with his reasons for same and return the
application to the Township Clerk, who shall notify the applicant.
C.
The Township Clerk, upon the payment of the prescribed
license fee, shall execute and deliver to the applicant his license.
D.
A separate license must be obtained for every agent
or employee working for any person.
A.
Licenses will be in the form of a card bearing a number,
the name of the Township, the word "peddler" or "solicitor" or other
suitable inscription, the date of issue and the date of expiration.
B.
All licenses issued pursuant to this chapter shall
expire at the end of the calendar year during which they were issued.
Upon granting of a license, the licensee shall pay the sum of $25
for the time he intends to do business in the Township. The license
shall be for the year it was issued or any portion thereof.
[Amended 12-3-2018 by Ord. No. 2018-18]
C.
Any person or organization subject to this chapter
shall complete a new application for a license after 12 months has
passed since the last application.
A.
Licenses issued under this chapter may be temporarily
suspended on verbal notice by the Township Clerk or any law enforcement
officer and permanently revoked by the Municipal Court Judge, after
reasonable notice and hearing, for any of the following causes:
(1)
Misrepresentation or false statement contained in
the application for the license.
(2)
Misrepresentation or false statement made in the course
of carrying on activities regulated herein.
(3)
Conviction of any crime involving moral turpitude.
(4)
Conducting business in violation of any provision
of this chapter.
(5)
Violation of any Township ordinance, any state or
federal law or for other good and sufficient reasons.
(6)
Violation of the terms of the license.
B.
Notice of hearing for revocation of a license shall
be given in writing, setting forth the grounds of complaint and the
time and place of hearing. Such notice shall be served upon the licensee
or mailed to the licensee at the address given by the licensee in
making application herein at least five days prior to the date set
for hearing.
This chapter shall not apply to employees of
any public utility which is subject to regulation by the State Board
of Public Utility Commissioners; provided, however, that such employees
shall display the identification badge or card issued by his employer.
A.
Organizations.
(1)
Any bona fide members of any church, social, civic,
fraternal, educational, charitable, civic, veteran or philanthropic
organization, volunteer first aid organization or fire company, located
within the Township of Woolwich, desiring to solicit or who have solicited
in its name money, donations of money, property or financial assistance
of any kind, or desiring to sell or distribute any items of literature
or merchandise for which a fee is charged or solicited at any place
or places within the Township for any purpose, shall be permitted
to conduct business in the Township without a license, upon the filing
of a sworn application in writing with the Township Clerk; or any
member of any such organization not located in the Township of Woolwich,
which organization has received the written approval and endorsement
of the governing body of the Township of Woolwich, and which shall
give the following information:
(a)
Name and address of organization.
(b)
Nature and location of planned activity.
(c)
Period during which solicitation or sale is
to be carried on.
(d)
Name, address and social security number of
each person who will conduct solicitations.
(e)
A recent photograph of all persons who are not
Township residents who will conduct solicitations or sales.
(2)
Such organization, association, society or corporation
shall furnish all its members, agents or representatives conducting
solicitation or sales with credentials in writing stating the name
of the organization, names of the agent and the duration and purpose
of solicitation. All persons or organizations qualifying for a license
exemption under this section shall comply with all other provisions
of this chapter.
B.
Special exemption.
(1)
The Township Committee, by resolution, may exempt
from compliance with any part or parts of this chapter any person
or organization. Any person or organization seeking an exemption must
make a written request to the Township Clerk at least 30 days before
the start of the activity for which the exemption is sought. The Township
Committee may place conditions or restrictions on the granting of
an exemption.
(2)
Criteria for exemption. The following are criteria
to be applied when considering whether an exemption will be granted:
(a)
The charitable nature of the organization.
(b)
The number of participants who are Township
residents, eliminating or minimizing the need for identifying information.
(c)
The reputation of the individual or organization
in the community.
(d)
The financial or human resource burden of compliance
with any provision of this chapter when weighed against the benefit
to the Township and/or its residents.
(e)
Whether the activity will result in or lead
to a benefit to the Township residents such as lower taxes, increased
public services, betterment of the community or other public benefit.
(f)
The need to regulate the activity to address
safety, health or other concerns.
[Amended 12-3-2018 by Ord. No. 2018-18]
Any person violating any of the provisions or terms of this
chapter, whether as principal, agent or employee of another, shall,
upon conviction by the Municipal Court Judge, be subject to a fine
not exceeding $1,000 or to imprisonment in the County jail not exceeding
90 days, or both, in the discretion of the Judge. Upon conviction,
the person or entity on whose behalf the licensee was acting shall
be prohibited from licensed activities for one year from the date
of the guilty plea or conviction.
A.
Except as otherwise provided by specific exception
in this chapter, persons subject to this chapter, including persons
claiming an exemption from the requirement of the municipal licensing.
shall not:
(1)
Station, place, set up or maintain wares adjacent
to any sidewalk if to do so would place him closer than 200 feet to
another vendor who is selling adjacent to the sidewalk.
(2)
Solicit, conduct business with or sell to persons
in motor vehicles.
(3)
Station, place, set up or maintain his wares or equipment
in such a way as would restrict, obstruct, interfere with or impede
the pedestrians right-of-way; restrict, obstruct, interfere with the
use of enjoyment from the abutting property; create or become a nuisance;
increase traffic congestion, cause or increase traffic delay or hazards;
cause or create or constitute a danger to life, health or property;
sell food, drinks, ice cream or confections of any kind for immediate
consumption unless he has available for public use his own litter
receptacle which must be attached to his cart or vehicle which shall
be clearly marked and maintained for his patronage use; nor shall
any peddler lease any location without first picking up, removing
and disposing of any trash or refuse remaining from sales made by
him.
(4)
Leave his wares unattended at any time or store, place
or lease the same overnight on any sidewalk or public way of the Township.
(5)
Station, place, set up or maintain his wares closer
than 50 feet from the curbline or end of pavement of intersecting
streets.
(6)
Place his wares in such way as would reduce the unobstructed
pedestrian right-of-way on a sidewalk to less than six feet.
(7)
Engage in business within 20 feet of any location
where the curb has been depressed to facilitate pedestrian or vehicle
movement.
(8)
Engage in business on any sidewalk or along any street
within 100 feet of any fire hydrant, crosswalk or bus stop or within
25 feet of any driveway.
(9)
Place his wares in front of the display windows or
signs of fixed-location businesses, nor shall they be within 20 feet
from the entrance door to a fixed-location business.
(10)
Operate in such a manner as to restrict the
continued maintenance of a clear passageway for vehicles or pedestrians.
(11)
Engage in business within 200 feet of the grounds
of any school between 1/2 hour prior to the start of the school day
and 1/2 hour after dismissal at the end of the school day.
(12)
Engage in business within 200 feet of the grounds
of any church, synagogue or other house of worship while same is in
session.
(13)
Use or operate any loudspeaker, public address
system, sound amplifier, horn, bell, radio, record player, tape player,
CD player, musical instrument or any similar device used to attract
attention, entertain the public or entertain himself.
(14)
Sell from any one site or area for a period
of more than four hours, including time for setup and breakdown of
a vending unit. After four hours, the vending unit or vendor must
move to a new location at least 300 feet away from where he was doing
business or cease doing business. No vendor may return to the same
location in any calendar day. No vendor shall place any object, sign
or person nor take any action designed to reserve a location for their
use. Any such object may be removed and kept as evidence of a violation
by any person, who shall promptly surrender it to the police.
(15)
Place his wares other than on one vending unit,
whether it be a cart, single table no larger than 96 inches long by
48 inches wide by 72 inches high or display unit similar to a table
which shall occupy a space no larger than 32 square feet. The Township
Clerk may grant an exception to size limits with the advice and consent
of the Chief of Police in the case of the sale of certain holiday
items sold for limited times during the year.
(16)
Engage in business within 300 feet of any fixed
place of business selling substantially similar merchandise; a food
vendor shall not operate within 300 feet of a restaurant.
(17)
Every person registering under this chapter
shall produce proof of such registration at the request of any resident
from whom solicitation is made.
(18)
Licensees with licenses issued under the terms of this chapter,
including solicitation by those who are deemed to be exempt from licensing
requirements, shall not enter upon or within any private community
within the Township of Woolwich nor any other community which shall
be posted with “no solicitation” signage.
[Added 8-20-2012 by Ord. No. 2012-17]
B.
A vending unit is a selling or display unit, with
or without wheels, intended to serve as a transportable structure
for facilitating the display, sale and transportation. All equipment
installed in any part of the vending unit or articles carried by the
unit shall be secured in order to prevent movement during transit
and prevent detachment in the event of a collision or overturn.
C.
In the event that food should be sold by any vendor,
a certificate of health compliance issued by the Gloucester County
Department of Health shall be conspicuously displayed on the vending
unit. Selling food shall be prohibited in the Township of Woolwich
without such a certificate of health compliance. Furthermore, any
vendor selling food shall provide proof of an insurance policy issued
by an insurance company licensed to do business in the State of New
Jersey protecting the vendor and the Township from all claims or damages
to property and bodily injury, including death, which may arise from
operations under or in connection with the vending. Such insurance
shall name as an additional insured the Township of Woolwich and shall
provide that the policy shall not terminate or be canceled prior to
the expiration date without 30 days' written notice to the Township.
The amounts of the insurance to be maintained are: personal injury,
$100,000 per person, $300,000 per occurrence; property damage, $25,000.
Every person to whom a license is issued under
the terms of this chapter shall be governed by the following rules
and regulations:
A.
All circulars. samples or other matter shall be handed
to an occupant of the property or left in a secure place located on
the premises.
B.
No person shall enter or attempt to enter the dwelling
of any resident without an express invitation from the occupant of
the dwelling.
C.
No person shall conduct himself in such a manner as
to become objectionable to or annoy any occupant of any house. Signs
posted by property owners stating "no soliciting" shall be obeyed.
D.
No licensee or any person in his behalf shall shout,
cry out, blow a horn, ring a bell or use any sound-making or amplifying
device upon any of the streets, parks or other public places of the
Township or upon private premises where sound of sufficient volume
is emitted or produced therefrom to be capable of being plainly heard
upon the streets, avenues, parks or other public places for the purpose
of attracting attention to any goods, wares, merchandise or services
which the licensee proposes to sell.
[1]
Editor's Note: Former § 140-13, Registration for
charitable or religious organizations, was repealed 8-1-2011 by Ord.
No. 2011-9.
Following the filing of the registration form
pursuant to the aforesaid, the Chief of Police shall make or cause
to be made such investigation as he deems necessary to verify the
information set forth therein. The Chief of Police shall thereupon
signify his approval or rejection on the reverse side of the application
and, if approved, the Township Clerk may issue the license to such
applicant. In case of disapproval of an application, the applicant
may appeal to the Township Committee. The Committee shall set a time
and place for a hearing, which hearing shall be within 10 days after
appeal is taken by the applicant, at which hearing the applicant will
be given an opportunity to present his reasons why the license should
be issued. The decision of the Township Committee shall be final.
The provisions of this chapter applicable to
transient merchants shall not apply to residents of the Township of
Woolwich conducting yard sales upon their own property. There is no
cost to the residents for the permitted number of yard sales as indicated
in this section.
A.
Sales of household goods by yard sale or similar event
are prohibited except insofar as the seller shall comply with this
section.
B.
A maximum of two single-day or two weekend (Saturday
and Sunday) yard sales or similar event may be held in any calendar
year at any household in the Township. For the purpose of this subsection,
any apartment with separate cooking and toilet facilities shall qualify
as a "household."
[Added 12-3-2018 by Ord. No. 2018-18]
A.
Establishment of a Do-Not-Knock Registry.
(1)
The Township Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Clerk that peddling,
soliciting, canvassing, itinerant vending and door-to-door sales enterprising
as set forth in this chapter are not permitted on the premises (hereinafter
referred to as the "Do-Not-Knock Registry"). Notification shall be
by completion of a form available from the Township Clerk's office.
After its initial creation, the list shall be updated on an annual
basis on January 1 of each year. Nothing shall preclude the Clerk
from updating the list more frequently.
B.
Do-Not-Knock Registry display.
(1)
Any owner and/or occupant who has requested enlistment on the Do-Not-Knock
Registry shall be able to purchase from the Clerk's Office, for
a nominal fee, a sticker for display at his/her/its premises indicating
enlistment on the Do-Not-Knock Registry. Display of a sticker shall
not be mandatory in order to enforce the provisions of this chapter.
C.
Distribution of Do-Not-Knock Registry.
(1)
The Township Clerk shall distribute the most recent Do-Not-Knock
Registry list to each licensee at the time of issuance and renewal
of a license. The licensee shall not conduct regulated activities
at any premises identified on the then current Do-Not-Knock Registry.
