[HISTORY: Adopted by the Mayor and Council
of the Borough of Runnemede as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-6-1977 by Ord. No. 318 (Ch.
76 of the 1970 Code)]
The purpose of this article is to regulate the
distribution of certain materials, canvassing, soliciting, peddling
and other forms of door-to-door activities within the Borough of Runnemede.
The registration of persons engaged in the above-mentioned activities
is required so that the identity of persons going door to door within
the Borough may be established so that the general regulations may
be more effectively enforced; to prevent fraud, crime and unethical
and dishonest business practices in the solicitation of funds within
the Borough; and for the protection and maintenance of the health,
safety and welfare of the inhabitants of the Borough.
As used in this article, the following terms
shall have the meanings indicated:
All goods, wares, foods, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed matter, farm products, services and
orders or contracts for services, home improvement or alterations
and anything that may be sold or distributed on a door-to-door basis
by canvassers, solicitors or peddlers as defined herein.
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place, from street to street,
traveling by foot or motor vehicle or any other type of conveyance
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers for the purpose of profit.
The word "peddler" shall also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club or association or any principal or agent thereof.
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performances or delivery for the
purpose of profit, whether or not such individual has, carries or
exposes for a sale a sample of the merchandise or services or whether
or not he is collecting advance payments for such sales or orders,
or who engages in any of the foregoing activities from a semistationary
location on any street or any other public place. The word "solicitor"
shall also include the word "canvasser." For purposes of this article,
a "canvasser" or "solicitor" shall also be deemed to be one who is
not in the business of selling goods, but one who makes surveys for
research purposes, analyses, opinion polls, ratings, data and any
such similar work which by its nature involves a door-to-door or place-to-place
activity for the purpose of profit.
Any person engaged in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells for the purpose of profit with intent to close out or discontinue
such business within a period of one year from the date of commencement
and who does not occupy a permanent structure or building for the
purpose of selling merchandise.
Except as provided herein, it shall be unlawful for any canvasser, solicitor, peddler or transient merchant to sell, offer for sale, take orders for or distribute merchandise, printed material or services or engage in any activities as enumerated in § 270-2 of this article within the Borough, without first registering with, filing an application for registration with, paying a registration fee to and obtaining a registration certificate from the Chief of Police or, in his absence, the officer in charge of the Police Department.
Every applicant for a registration certificate under this article shall file with the Chief of Police between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, a sworn written application, on a form to be furnished by the Borough, prior to engaging in any of the activities as enumerated in § 270-2, which application shall give the following information:
A.
Name, age and physical description of the applicant.
B.
Complete permanent home and local address of the applicant.
C.
If employed or acting as agent or representative of
an organization or person, the name and address of such employer,
organization or person, together with credentials establishing the
exact relationship.
D.
Description of the nature of the business and the
goods, services or wares to be sold or distributed, and sufficient
information to determine whether or not the business is to transact
interstate or intrastate commerce.
E.
The length of time for which the certificate is desired.
F.
If a vehicle is to be used, the make, model, year,
color and license plate number of said vehicle, the name and number
and state of issuance of the driver's license and the name of its
owner.
G.
The place where the merchandise or services to be
sold or offered for sale are manufactured or produced, where such
goods or property are located at the time such application is filed
and the proposed method of delivery.
H.
The dates, days and routes of the business in the
Borough of Runnemede.
I.
Two photographs of the applicant which shall be approximately
2 1/2 inches by 2 1/2 inches in size showing the head and
shoulders of the applicant in a clear and distinguishing manner.
J.
Two business references located in the County of Camden,
State of New Jersey, or, in lieu thereof, such other available evidence
of the character or business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
K.
A statement as to whether or not the applicant has
been convicted of a crime, misdemeanor or disorderly conduct offense
or a violation of any municipal ordinance, where and when so convicted,
the nature of the offense and the penalty, if any.
A separate registration must be made for every
canvasser, solicitor, peddler, agent or employee soliciting, canvassing
or peddling within the Borough.
Each registrant, upon being so registered, shall
be issued a registration certificate by the Chief of Police, upon
which shall be affixed one photograph of the applicant, signed by
the Chief of Police so that part of his signature covers part of the
photograph.
Upon obtaining a registration certificate, each
registrant may conduct his activities within the Borough only as long
as he adheres to the regulations set forth herein and carries the
registration certificate upon his person at all times during the conduct
of his activities within the Borough. The registration certificate
shall identify the person and the type of activity for which he is
registered and shall be shown to any person or police officer upon
request.
A.
When a registration is properly filled out and signed
by the applicant, a duplicate thereof shall be filed with the Borough
Clerk. The Chief of Police shall then make or cause to be made within
five days such investigation of the applicant's business responsibility
and character 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 responsibilities are found to be satisfactory,
the Chief of Police shall endorse such application with his approval
and his reasons therefor and return the application to the Borough
Clerk. Any determination by the Chief of Police that an application
is unsatisfactory shall be based on one or more of the following findings
with respect to the applicant:
C.
In the absence of any such findings, the Chief of
Police shall find the application satisfactory and shall endorse his
approval on the application.
A.
If an application is found unsatisfactory by the Chief
of Police and he endorses it with his disapproval upon the application,
said applicant shall be notified that the application is disapproved
and that the issuance of such registration certificate to the applicant
is denied. An applicant for a certificate hereunder shall have the
right to appeal to the Mayor and Council from the denial of a certificate.
Such appeal shall be filed within three days after the receipt of
the notice of the denial of the certificate. Such appeal shall be
taken by filing a written notice of appeal addressed to the Mayor
and Council. The Mayor and Council shall act upon the appeal as soon
as practicable after receiving the notice thereof and shall give the
applicant an opportunity to be heard before taking action. The Mayor
and Council may affirm or reverse the denial of the certificate or
may grant the certificate with modifications or conditions.
B.
If an applicant is found satisfactory by the Chief
of Police, a registration certificate addressed to the applicant to
conduct the business applied for upon payment of the proper fee by
the applicant shall be forwarded to the applicant. Such certificate
shall contain the signature of the issuing officer and shall show
the name, address and photograph of the applicant. Such certificate
shall contain the signature of the issuing officer and shall show
the name, address and photograph of the applicant, the type of business
the applicant is registered for, the kinds of goods or services to
be sold thereunder, the date of issue, the length of time the certificate
shall be operative, and the license number and other identifying description
of any vehicle used in the activity license.
A.
A certificate issued under the provisions of this
article may be revoked by the Mayor and Borough Council after notice
and hearing for any of the following causes:
(1)
Fraud, misrepresentation or material incorrect statements
contained in the application for the certificate.
(2)
Fraud, misrepresentation or material incorrect statements
in the course of carrying on his business as canvasser, solicitor,
peddler or transient merchant.
(3)
Any violation of the provisions of this article.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of canvasser, solicitor, peddler
or transient merchant in an unlawful manner or in such a manner as
to constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a certificate
shall be given to the Borough Clerk in writing, setting forth specifically
the grounds of complaint and the time and place of the hearing. Such
notice shall be mailed, postage prepaid, to the certificate holder
at the address given on the application at least five days prior to
the date set for the hearing or shall be delivered by an agent of
the Borough in the same manner as a summons at least three days prior
to the date set for the hearing.
C.
Upon revocation, the certificate shall be surrendered
to the Chief of Police.
Every person to whom a registration certificate
is issued under the terms of this article shall be governed by the
following rules and regulations:
A.
All circulars, samples, merchandise or other matter
shall be handed to an occupant of the property or left in a secure
place on the premises.
B.
No persons subject to the provisions of this article
shall canvass, solicit or peddle circulars, samples, merchandise or
other matter except during the hours between 9:00 a.m. and 5:00 p.m.,
Monday through Saturday.
C.
No person subject to the provisions of this article
shall enter or attempt to enter the house or apartment of any resident
of the Borough of Runnemede without an express invitation from the
occupant of said house or apartment.
D.
No person subject to the terms of this article shall
attempt to canvass, solicit or peddle merchandise or other matter
without first having identified himself as a canvasser, solicitor,
peddler or transient merchant registered with the Borough and without
displaying his certificate.
E.
No person subject to the terms of this article shall
have exclusive rights to any location in the public streets or operate
in any congested area where his operation might impede or inconvenience
the public.
F.
No person subject to the terms of this article shall
make any solicitation within the Borough limits where solicitors are
notified by sign that soliciting is prohibited.
G.
No person subject to the terms of this article shall
conduct himself in such a manner as to become objectionable or annoy
any person while canvassing, soliciting or peddling within the Borough
limits.
H.
No person subject to the terms of this article shall
distribute obscene merchandise or printed material or that which advocates
unlawful conduct.
I.
No person subject to the terms of this article shall
litter the streets, public places or property within the Borough with
any merchandise or printed material.
A.
At the time of the issuance of the registration certificate,
the applicant shall pay $250 as a registration fee and $50 as a background
investigation fee. Each individual applicant for a registration certificate
shall be required to pay such fees.
[Amended 6-3-2009 by Ord. No. 09-13]
B.
Upon expiration of a certificate, a new certificate
will be issued upon compliance with all the provisions of this article
and the payment of fees, except that the investigation and waiting
period thereof may be waived if approved by the Chief of Police. The
certificate shall expire on the 19th day after issuance, unless issued
for a shorter term based on the period of time indicated for the activity
in the registration application.
A.
The following persons engaged in door-to-door activity
are exempt from the provisions of this article to the extent specified
below:
(1)
Political group: a nonprofit association of persons
sponsoring or advocating certain ideas of government or maintaining
certain political principles or beliefs in public policies of government
or advocating the candidacy of any individual for elective office.
(2)
Religious group: a nonprofit association of persons
associated for the purpose of maintaining, advocating and/or espousing
certain religious principles and beliefs.
(3)
Charitable group: a nonprofit association of persons
that freely and voluntarily administers to the needs of those persons
unable to help themselves, and generally associated to serve the public
good and welfare without profit.
(4)
Civic group: a nonprofit association of persons engaged
in promoting the common good and general welfare of the residents
of the municipality. Such definition shall include but not be limited
to school groups, benevolent societies and service clubs engaged in
nonprofit activities.
B.
Whenever any of the groups mentioned in § 270-13A or representatives thereof engage in door-to-door activities which involve soliciting or collecting contributions, donations or alms or any other activity of a pecuniary nature, they shall be exempt from the provisions of this article, except that they shall comply with the following:
(1)
Each representative shall register his identity with
the Chief of Police by supplying the following information:
(a)
Name, age and physical description.
(b)
Complete permanent home and local address.
(c)
Name and type of group with which registrant
is associated.
(d)
A statement as to whether or not the registrant
has been convicted of crime, misdemeanor or disorderly conduct offense
or violation of any municipal ordinance, where and when so convicted,
the nature of the offense and the penalty, if any.
(2)
No group or representative thereof as defined in § 270-13A shall engage in any door-to-door activity as described in his or her background until the Chief of Police has completed an investigation and made a determination in accordance with the criteria set forth in § 270-8B. If such determination is unfavorable, then such registrant shall be denied the opportunity to engage in the above-mentioned activity and shall then be able to exercise the appeal rights as set forth in § 270-9. If such determination is favorable, then the registrant may, upon notification, proceed to engage in the above-mentioned activity.
C.
Whenever any of the groups mentioned in § 270-13A or representatives thereof engage in nonprofit door-to-door activities which do not involve soliciting or collecting contributions, donations or alms or any other activity of a pecuniary nature, then they shall be exempt from the provisions of this article, except as provided as follows:
(1)
If said representatives are residents of the Borough of Runnemede, then they shall comply with the provisions of § 270-13B(3) and E.
(2)
If they are not residents of the Borough of Runnemede, then they shall be subject to and comply with the provisions of § 270-13B(1)(a) through (c), B(3) and E.
D.
The following persons shall also be exempt from this article, except that they shall be subject to the provisions set forth in § 270-13B(1)(a) through (c) and (3).
(1)
Any person honorably discharged from the Military
Service of the United States or an exempt fireman of a volunteer fire
department possessing a peddler's license issued in conformity with
N.J.S.A. 45:24-9 and 24:10.
(2)
A public utility or its employees, when acting on
behalf of the utility, which public utility is subject to regulation
by the State Board of Public Utility Commission; provided, however,
that such employee shall display such identification badge or card
issued by his employer.
E.
No group or representative thereof or person referred to in § 270-13A through D shall be required to pay a fee for or secure and carry a registration certificate. However, he shall be required to show some form of personal identification upon request of any other individual while engaged in door-to-door activity.
(1)
Permission to engage in the activities as described in § 270-13 may be withdrawn by the Mayor and Borough Council after notice and hearing for any of the following causes:
(a)
Fraud, misrepresentation or material incorrect
statements contained in the identity registration form.
(b)
Fraud, misrepresentation or material incorrect statements in the course of carrying on the activities described in § 270-13C.
(c)
Any violation of the applicable provisions of
this article.
(d)
Conviction of any crime or misdemeanor.
(2)
Notice of the hearing for revocation of permission
shall be given to the Borough Clerk in writing, setting forth specifically
the grounds of the complaint and the time and place of the hearing.
Such notice shall be mailed, postage prepaid, to the registrant at
the address given on the identification form at least five days prior
to the date set for the hearing or shall be delivered by an agent
of the Borough in the same manner as a summons at least three days
prior to the date set for the hearing.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to the penalty as provided in § 1-15, General penalty, of this Code.
The mere distribution of circulars, handbills
or samples on a door-to-door basis, which activity does not involve
any form of oral or physical contact between the distributor and the
distributee, shall be exempt from regulation by the provisions of
this article. However, if such activity involves any form of activity
described in the other provisions of this article, then in that event
such activity shall be regulated by the appropriate provisions of
this article.
[Adopted 7-10-2001 by Ord. No. 01-12 (Ch.
81A of the 1970 Code)]
Except for charitable organizations duly permitted
in accordance with this article and other applicable law, no person
shall stand in or beside any public road or right-of-way to stop,
impede, hinder or delay the progress of a vehicle, or to otherwise
interact with the occupants of any vehicle on any public road or right-of-way,
for the purpose of soliciting the purchase of goods, merchandise or
tickets, or for the purpose of soliciting contributions for any cause,
and the only question of law and fact in determining guilt under this
section shall be whether goods, merchandise or tickets were tendered
or offered for sale, or whether a contribution was solicited.
All charitable organizations, as defined in
N.J.S.A. 45:17A-20, which desire to solicit contributions in roadways
situate in the Borough of Runnemede shall file an application for
a permit with the Borough Clerk on a form supplied by said Clerk specifying
the following information:
A.
Name and tax identification number of applicant organization;
B.
Address of applicant organization;
C.
Telephone number of applicant organization;
D.
Contact person for applicant organization, including
name, address and day and evening phone number;
E.
Specific location or locations of proposed charitable
solicitation;
F.
Dates and times of proposed charitable solicitation;
G.
If said request pertains to a location or locations
on any county highway, or intersection of a county highway, said application
shall include a copy of an authorization from the Camden County Board
of Chosen Freeholders to permit said charitable solicitation;
H.
Identification of the manner in which the motorist
solicitation will be conducted and the procedures to be used to ensure
the safety of the members of the public who will be traveling the
roadways situate in the Borough of Runnemede;
I.
Such other information as may be required or is otherwise
deemed necessary by the Borough Clerk in order to process the application.
Upon the filing of a complete application in
accordance with the provisions of this article, the Borough Clerk
shall forward a copy of the application to the Chief of Police and
the Public Works Department. The Chief of Police and Public Works
Department shall review the application and shall provide the Borough
Clerk with any recommendations regarding the same. The governing body
shall review and approve each application and impose any reasonable
conditions thereon. Upon approval, the Borough Clerk shall issue a
permit to allow the event including, as a condition of the permit,
any conditions imposed by the governing body. The permit shall also
be subject to any conditions imposed by law. In cases where the event
requires county or state approval, the permit issued hereunder shall
be conditional, subject to approval by the county or state.
All approved charitable solicitations shall
be conducted in accordance with N.J.S.A. 39:4-60 and the regulations
promulgated thereunder (presently codified at N.J.A.C. 16:40-1.1 et
seq.), and shall include the following:
A.
Solicitation shall be subject to the specific terms
and conditions of each permit granted. Such permit shall be in possession
of the solicitor during all times of solicitation and shall be available
for inspection by the Police Department and/or other officials upon
request.
B.
No person shall solicit charitable contributions on
a state highway or intersection thereof without approval from the
NJDOT, via the issuance of a charitable solicitation permit. Such
permit shall be in the possession of the solicitor during all times
of solicitation and shall be available for inspection by local, county
and State Police enforcement personnel.
C.
Solicitation shall not stop traffic or impede the
flow of traffic. Traffic shall already be stopped before solicitation
may occur and shall cease while traffic is moving. Use of flagmen
shall be prohibited.
D.
The solicitor shall not install any traffic control
devices.
E.
Parking of vehicles shall comply with applicable traffic
regulations.
F.
Signage shall be in accordance with NJDOT regulations
(presently codified at N.J.A.C. 16:40-6.1).
G.
All solicitors shall wear safety vests that are in
accordance with NJDOT standards.
H.
Solicitation shall only be permitted during daylight
hours.
I.
Each person soliciting charitable contributions on
behalf of the charitable organization shall be at least 18 years old.
J.
Solicitors shall not drink alcoholic beverages, use
drugs, or be under the influence of drugs or alcohol when soliciting.
Solicitors shall not harass the public.
K.
Solicitation shall be permitted in the right-of-way,
but is encouraged to be off the traveled way.
L.
The charitable organization shall be responsible for
cleaning up any debris resulting from the solicitation activity, including
trash or debris in the right-of-way.
M.
The Police Department shall be responsible for supervising
solicitation activity and enforcing the terms of the solicitation
permits (both the local and the NJDOT permit are applicable). The
Police Department may suspend solicitation operations at any time
if the permit is violated or if, in the police officer's sole discretion,
traffic is being impeded or delayed or the public safety is at risk.
N.
The Borough shall not be liable in any civil action
for damages for property damage or personal injury resulting from
any accident arising out of or in the course of solicitations.
