[HISTORY: Adopted by the Board of Commissioners of the Township
of Nutley 3-3-2020 by Ord. No. 3437.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance amended former Ch. 510, Peddling,
Canvassing and Soliciting, which consisted of Art. I, Peddlers and
Solicitors, adopted 10-21-2008 by Ord. No. 3076, as amended; and Art.
II, Canvassers, adopted 10-21-2008 by Ord. No. 3075.
The purpose of this article is to:
A.
Regulate individuals entering upon private property, particularly
residential property, to engage in the business of peddling or soliciting;
B.
Protect the public health, safety and welfare against unlawful activities
or operations by individuals falsely representing themselves as peddlers
or solicitors and from criminal activity, including fraud and burglary;
and
C.
Balance the rights and interests of those engaged in commercial activities
with the rights and interests of those residents who do not want to
be disturbed by such activities.
For the purposes of this article, the words set out in this
section shall have the following meanings:
Involving the solicitation of funds for uses other than political, religious or charitable purposes, as set forth in § 510-15.
Includes the conducting, managing or carrying on of any such
business, or helping therewith, by any person in any capacity.
Includes any person who, for commercial purposes, travels
by foot, automotive vehicle or any other type of conveyance from place
to place, from house to house or from street to street carrying, conveying
or transporting food, goods, wares, merchandise, publications or other
personal property or services, offering and exposing the same for
sale or making sales and delivering such goods or services to purchasers.
Includes any person who, for commercial purposes, travels
by foot, automotive vehicle or any other type of conveyance from place
to place, from house to house or from street to street taking or attempting
to take subscriptions, contracts for sale or orders for the sale of
food, goods, wares, merchandise, publications or other personal property
for future delivery or for services to be furnished or performed in
the future, whether or not such person has, carries or exposes for
sale a sample of the subject of such sale or whether or not he/she
collects advance payments on such sales.
It is unlawful for any person to engage in the business of peddling
or soliciting without first obtaining a written permit as provided
in this article and paying the applicable fees pursuant to this article.
It shall be the duty of the Chief of Police of the Township
of Nutley, or his or her designee, to enforce the provisions of this
article.
The applicant for a permit under this article must register
and obtain a permit from the Chief of Police and/or their designee.
Permits may be applied for any day Monday through Friday between 9:00
a.m. to 4:00 p.m. (except holidays) and shall be issued and processed
only on Thursdays between 10:00 a.m. to 12:00 p.m. and 2:00 p.m. to
4:00 p.m. Any applicant unable to respond to police headquarters during
those times is required to make an appointment.
A.
Applicants for a permit under this article must file with the Chief
of Police a sworn application, in writing, on a form to be furnished
by the Nutley Police Department, which shall set forth the following
information:
(1)
Name, birth date, and driver's license or other state-issued
photo identification card of the applicant.
(2)
Permanent home address and telephone number, and local address and
mobile telephone number, if available, of the applicant.
(3)
A brief description of the nature of the applicant's business
and of the food, goods, wares, merchandise, publications or other
personal property or services that are the subject of the application.
(4)
If employed or otherwise engaged by another person or entity for
the purposes of the peddling or soliciting in question, the name and
address of the applicant's employer, or the engaging person or
entity, together with documentation demonstrating the exact relationship
between the applicant and the applicant's employer or other engaging
person or entity.
(5)
If a vehicle is to be used, a description of such vehicle, together
with license number or other means of identification, and proof of
automobile insurance.
(6)
(Reserved)
(7)
(Reserved)
(8)
A statement as to whether or not the applicant has been convicted
of any felony or misdemeanor involving injury to person(s) or property,
theft, fraud or misrepresentation within 10 years preceding the application
date.
(9)
A statement whether or not the applicant has failed to pay any judgment
arising from or connected with peddling or soliciting activities in
any other municipality.
(10)
A statement whether or not the applicant has suffered revocation
of any permit required for commercial peddling or soliciting in any
other municipality.
(11)
If the applicant is under the age of 16 years and employed,
transported or supervised by another, proof of registration with the
State Department of Labor.
(12)
If the application involves the sale or offering for sale of
food, produce or any other item intended for human consumption, valid
health or other permit(s), issued by the appropriate agency, as may
be required by applicable local, state or federal law.
B.
All applications shall be submitted with payment of a nonrefundable
fee of $25. Any application submitted without the application fee
shall be deemed incomplete.
A.
Upon receipt of such application, the Chief of Police, or his/her
designee, shall cause such investigation of the application as he
or she deems necessary. The Chief of Police, or his/her designee,
shall approve or deny the permit within 30 calendar days of receipt
of a complete application.
B.
Such permit shall contain the signature of the issuing officer and
shall show the name and address of said permit holder, the kind of
food, goods, wares, merchandise, publications or other personal property
or services to be sold or offered for sale thereunder, the date of
issuance and the date of expiration.
C.
The Chief of Police, or his/her designee, shall grant the permit,
unless the application discloses or his/her investigation reveals
one or more of the following facts, in which case he or she, or his/her
designee, shall deny the permit:
(1)
The applicant has been convicted of a felony or misdemeanor involving
injury to person(s) or property, theft, fraud or misrepresentation
within 10 years preceding the application date;
(2)
The application for permit under this article contains fraud, misrepresentation
or false statement;
(3)
The applicant has violated the provisions of this article;
(4)
The applicant has failed to pay any judgment arising from or connected
with peddling or soliciting activities in another municipality;
(5)
The applicant has suffered revocation of a permit required for peddling
or soliciting in any other municipality; or
(6)
The activity as proposed by the applicant would violate this article,
any other provision in this Code or any other state or federal law.
D.
The Chief of Police shall notify the applicant of a denial of a permit application by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three calendar days following the decision to deny the permit. The notice of denial must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure set forth in § 510-11.
Each peddler and solicitor shall comply with the following:
A.
All permits issued under the provisions of this article shall expire
on the date specified in the permit.
B.
Permit holders shall display their permits in a conspicuous place
on their person and exhibit such permits upon request.
C.
No permit issued under the provisions of this article shall be used
at any time by any person other than the one for whom it was issued.
D.
It is unlawful for any person to engage in the business of peddling
or soliciting before 9:00 a.m. or after 9:00 p.m.
E.
No person shall engage in the business of peddling or soliciting at any premises at which there is posted a sign prohibiting solicitation, nor shall any person engage in the business of peddling or soliciting at any premises that appears on the municipal nonsolicitation list as established pursuant to § 510-9 of the Nutley Municipal Code.
F.
Permit holders shall comply with all state, federal, and local laws.
G.
Mobile food operations shall be permitted only on certain occasions
as may be stipulated by the Board of Commissioners and only if in
total compliance with Subchapter 8 of Chapter XII, New Jersey State
Sanitary Code (as per Ordinance No. 2358, 7-2-1991). This section
shall not be intended to exclude frozen dessert trucks from the Township
of Nutley.
A.
The Office of the Director of the Department of Public Safety shall
cause to be collected, prepared and maintained a list of addresses
of those premises where the owner and/or occupant has notified the
Director that soliciting and canvassing is not permitted on his/her
premises. Residents seeking to be included on the nonsolicitation
list may complete a form obtainable at Nutley Police Headquarters.
B.
The Office of the Chief of Police shall maintain the nonsolicitation
list, update it on a quarterly basis and provide it to all persons
issued permits in accordance with this article, all persons who express
an intention to engage in canvassing activity, which may not be subject
to the provisions of this article and all other persons who request
a copy.
A.
Permits issued under the provisions of this article may be revoked
by the Chief of Police at any time for any of the following causes:
(1)
Subsequent determination of facts or subsequent occurrences that would have required a denial of the permit at the time of application pursuant to § 510-7.
(2)
The applicant engages in fraud, misrepresentation or false statement
in the course of engaging in the business of peddling or soliciting.
(3)
Any violation of this article.
(4)
Conviction of any felony or misdemeanor involving injury to person(s)
or property, theft, fraud or misrepresentation.
(5)
The applicant engages in the business of peddling or soliciting in
an unlawful manner.
(6)
Any permit holder that does not have a current "No Knock List" in
their possession or engages in solicitation of a residence on the
"No Knock List" shall be in violation of this article.
B.
The permit holder must have in their possession a "No Knock List"
dated no later than 60 days prior to the date of the solicitation.
C.
The Chief of Police shall notify the permit holder of a revocation of a permit by depositing written notice of such revocation in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three calendar days following the decision to revoke the permit. The notice of revocation must contain a statement of the facts upon which the revocation is based and must contain a statement of the appeal procedure set forth in § 510-11.
Any person aggrieved by the action of the Chief of Police in the denial of a permit as provided in § 510-7 of this article, or revocation of a permit as provided for in § 510-10, shall have the right of appeal to the Board of Commissioners of the Township of Nutley. Such appeal shall be taken by filing with said Board of Commissioners, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for appeal. The Board of Commissioners shall set a time and place for a hearing on such appeal and shall provide such notice to the applicant no less than five days prior to the date set for the hearing.
A.
An application fee of $25 shall be paid to the Township of Nutley,
to defray the cost of investigation, processing, and issuing the permit
as follows. All permits issued pursuant to this article shall be valid
for a period of one year from date of issuance.
B.
Replacement cost for lost or damaged permits will be $5 per permit.
C.
Replacement cost for current "No Knock Lists" after the initial list
is provided will be $2 per person.
D.
Any vendor who wishes to participate in the annual municipal events
listed below shall be subject to an event fee of $100 per event payable
to the Municipal Clerk, on application available at the Municipal
Clerk's office; applicable events are Memorial Day parade, Fourth
of July ceremony and any other event sponsored by and deemed applicable
by the Board of Commissioners.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not to exceed 90 days, or both.
The purpose of this article is:
For the purposes of this article, the words set out in this
section shall have the following meanings:
A person who is not a solicitor or peddler, as defined in § 510-2 of the Nutley Municipal Code, and travels by foot, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street for the purpose of engaging in the conduct of speech, addressing issues of religion, politics, charity or other matters of public concern.
Canvassers shall not be required to apply for or obtain a permit
in order to engage in canvassing within the Township of Nutley.
It shall be the duty of the Chief of Police, or his or her designee,
to enforce the provisions of this article.
It is unlawful for any person to engage in canvassing before
9:00 a.m. or after 9:00 p.m.
No person shall engage in canvassing at any premises at which there is posted a sign prohibiting solicitation, nor shall any person engage in the business of canvassing, peddling or soliciting at any premises that appears on the municipal nonsolicitation list as established pursuant to § 510-9 of the Nutley Municipal Code.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not to exceed 90 days, or both.
