[HISTORY: Adopted by the Township Committee of the Township of Commercial as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-24-1975 by Ord. No. 75-149]
For the purpose of this article, the following words as used herein shall be considered to have the meaning ascribed thereto:
REGISTERED SOLICITOR
Any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.
RESIDENCE
Every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITING
Any one or more of the following activities:
A. 
Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or
B. 
Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or
C. 
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type of kind of publication.
Every person desiring to engage in soliciting as herein defined from persons in residences within this municipality is hereby required to make written application for a certificate of registration as hereinafter provided. Such certificate shall be carried by the solicitor. Applications shall be obtained from the Office of the Township Clerk, Township Hall, Port Norris, New Jersey, during regular business hours.
A. 
Application for a certificate of registration shall be made upon a form, provided by the municipality. The applicant shall truthfully state in full the information requested on the application, to wit:
(1) 
Name and address of present place of residence and length of residence at such address; also, business address if other than present address;
(2) 
Address of place of residence during the past three years if other than present address;
(3) 
Age of applicant;
(4) 
Physical description of the applicant;
(5) 
Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation;
(6) 
Name and address of employer during the past three years if other than the present employer;
(7) 
Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage;
(8) 
Period of time for which the certificate is applied which shall not be for more than 90 days;
(9) 
The date, or approximate date, of the latest previous application for certificate under this article, if any;
(10) 
Has a certificate of registration issued to the applicant under this article ever been revoked?
(11) 
Has the applicant ever been convicted of a violation of a felony under the laws of the state or any other state or federal law of the United States?
B. 
All statements made by the applicant upon the application or in connection therewith shall be under oath.
[Amended 9-25-1975 by Ord. No. 75-150]
Each applicant shall pay to the Clerk a registration fee of $10 for the requested certificate. However, bona fide solicitors for churches, fire department, schools and like not-for-profit organizations shall not be required to pay a registration fee, but said individuals soliciting for the aforementioned organizations will still be required to register pursuant to the provisions of this article.
The Township Clerk shall cause to be kept in the Clerk's Office an accurate record of each application received and acted upon, together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this article, and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued. The certificate of registration shall state the expiration date thereof. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state or any other state or federal law of the United States, within five years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this article, nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided.
Any certificate of registration issued hereunder shall be revoked by the Clerk if the holder of the certificate is convicted of a violation of any of the provisions of this article, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this article. Immediately upon such revocation, written notice thereof shall be given by the Clerk to the holder of the certificate in person or by certified United States mail addressed to his or her residence address set forth in the application. Immediately upon the giving of such notice, the certificate of registration shall become null and void.
Notice of the determination by the occupant of the refusal of invitation to solicitors at any residence shall be given in the following manner: A waterproof notice, approximately three by four inches in size shall be exhibited upon or near the main entrance door to the residence, indicating the determination of the occupant, containing the following: "No Solicitors Invited." Such notice so exhibited shall constitute such notification to any solicitor of the determination of the occupant of the residence of the information contained thereon.
It shall be the duty of each solicitor upon going onto any premises in the municipality upon which a residence as herein defined is located to first examine the residence, and if there is a notice stating "No Solicitors Invited," then the solicitor shall immediately and peacefully depart from the premises. Any solicitor who has gained entrance to any residence, with invitation or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 242-7 of this article.
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this article or not, to go upon any premises and ring the door bell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, prior to 9:00 a.m. or after 7:00 p.m. of any weekday, or at any time on a Sunday or on a state or national holiday.
The provisions of this article shall not apply to officers or employees of the city, county, state or federal government, or any subdivision thereof, when on official business.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any term or provision of this article shall, upon conviction, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Municipal Court Judge before whom such conviction is had. Each violation of any provision of this article shall constitute a separate offense.
[Adopted 3-25-1999 by Ord. No. 99-399]
All nonprofit charitable emergency service organizations based in Commercial Township are authorized to solicit contributions on the roadways of the Township. This authorization is not for any state or county highway or any intersection of a county highway or state highway without the approval of either the Board of County Commissioners of Cumberland County or the Commissioner of Transportation of the State of New Jersey.
Solicitation by such authorized nonprofit charitable organizations are subject to regulations promulgated pursuant to the Administrative Procedure Act[1] by the Department of Transportation of the State of New Jersey in consultation with the Division of Highway Traffic Safety.
[1]
Editor's Note: See N.J.S.A. 52:14B-1 et seq.
Any such nonprofit charitable organization that wishes to take advantage of the authorization to solicit contributions on the roadways owned by the Township of Commercial shall notify the Township Clerk, in writing, of their respective interest in soliciting contributions, setting forth the date, time and place of such contribution solicitation, and a certification that same shall be carried out in a safe and prudent manner under the regulations established by the Department of Transportation of the State of New Jersey. The application shall show the lane controls, that fundraisers shall wear safety marker vests, in a safe and reasonable manner, and that fundraising by this method by any one organization be limited to a maximum of three fundraising events per calendar year, each not to exceed three days in duration.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Pursuant to N.J.S.A. 39:4-60, any person who shall violate any of the provisions of this article shall pay, upon conviction, a penalty not to exceed $100.