As used in this article, the following terms
shall have the meanings indicated:
A person who, traveling by foot, motor vehicle or any other
type of conveyance, goes from place to place, from house to house
or from street to street and who takes or attempts to take orders
for the sale of goods, wares, merchandise, books, magazines or other
tangible personal property of any nature whatsoever for current or
future delivery, or for services to be furnished or performed in the
future, whether or not such individual has, carries or exposes for
sale a sample of the subject of such sale or whether or not he is
collecting advance payments on such sales or services.
No person shall engage in the activity of commercial
canvasser or commercial solicitor in the Borough without first having
obtained a permit as hereinafter provided.
An application for a permit shall be made to
the Borough Clerk on forms to be supplied by the Clerk stating:
A.
Name, birth date, social security number and driver's
license of the applicant.
B.
Permanent home address.
C.
Name and address of firm represented.
D.
Business references where applicable.
E.
Place or places of residence of the applicant of the
preceding three years.
F.
Length of time for which the permit is desired.
G.
A description of any services or the goods or wares
to be offered for sale or of the project for which he or she is canvassing
or soliciting.
H.
Whether or not the applicant has been previously charged,
arrested or convicted of a crime, misdemeanor or violation of any
municipal ordinance for which convicted.
I.
License plate number of vehicle(s) to be used.
J.
Such other information as may be relevant to compliance
with regulations governing such permits.
The fee for a canvasser's and/or solicitor's
permit shall be $10 per day or $150 per year for an annual permit
for each person to whom a permit is issued, and the Borough Clerk
shall endorse on each permit the amount of the fee and the dates for
which said license shall be valid.
A.
The Chief of Police shall cause such investigation
to be made of the applicant's business and moral character as he deems
necessary for the protection of the public good.
B.
Based upon his investigation and findings, the Chief of Police shall signify his approval or rejection of the application, and the permit shall be issued by the Borough Clerk upon payment of the fee provided for in § 200-15.
C.
Such permit shall specify the conduct permitted and
the number of hours or days the permit will be effective.
A copy of the permittee's photograph shall be
carried on his permit, which permit and photograph shall, on request,
be shown to any member of the Police Department or any person desiring
to see the same.
A.
No permittee shall:
(1)
Perform any activity other than described in the application pursuant to § 200-14G of this article;
(2)
Delay his departure for any unreasonable length of
time after any owner, tenant, resident or other person has signified
his lack of intention to continue any conversation;
(3)
Annoy or harass any owner, tenant, resident or other
person by the use of indecent, offensive or insulting remarks, actions
or gestures;
(4)
Approach any building or property except on the walks
or paths leading to the front door of such building or property without
crossing any lawns, shrubbery, flowers or private grounds;
(5)
Engage in the permitted activity except between the
hours of 9:00 a.m. and 5:00 p.m. on weekdays; or
(6)
Place any distribution in a commercial or residential
mailbox.
B.
The permittee shall:
(1)
Place notice in the legal newspaper designated by
the Borough announcing the location and duration of the canvassing
or soliciting.
(2)
Provide notice of the duration and location of the
canvassing or soliciting to the Essex Fells Police at least 48 hours
prior to the canvassing or soliciting taking place.
(3)
Place any distribution in an inconspicuous place and
shall not place the distribution in a residential or commercial mailbox.
On the expiration of the permit, the holder
thereof shall surrender the same to the Clerk.
A.
This article shall not affect any person engaged in
the delivery of goods, wares or merchandise or other articles or things
in the regular course of business to the premises of persons ordering
or entitled to receive the same.
B.
This article shall apply only to commercial canvassers
and solicitors. Noncommercial, religious and/or political canvassers
or solicitors protected by the First Amendment to the United States
Constitution are not required to obtain a permit, provided that the
noncommercial, religious and/or political canvassing or soliciting
does not encompass generally accepted definitions of "commercial activity."
C.
The time restrictions set forth in § 200-18 shall apply only to commercial canvassers and solicitors. The noncommercial, religious and/or political canvassers and solicitors protected by the First Amendment to the United States Constitution shall be permitted to perform those activities from 9:00 a.m. to 9:00 p.m. on weekdays and weekends.
D.
Solicitation for religious, charitable or political
purposes.
(1)
Registration required; information to be included.
Peddlers, solicitors and/or canvassers of religious, charitable or
political literature or persons who solicit contributions for religious,
charitable, political or other noncommercial purposes within the Borough
are required to first register with the Borough Clerk on a written
form to be provided by the Clerk, which form shall contain the following
information:
A.
Permits issued under this article may be revoked by
the Chief of Police after notice and hearing for any of the following
causes:
(1)
Fraud, misrepresentation, or false statement in the
application for the license;
(2)
Fraud, misrepresentation, or false statement made
in the course of carrying on the permitted activity in the Borough;
(3)
Any violation of this article;
(4)
Conviction of any crime involving moral turpitude
or of any ordinance concerning canvassing or soliciting;
(5)
Conducting the permitted activity in the Borough 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 permit shall
be given in writing, setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be given personally
or mailed to the permittee at his last known address at least five
days prior to the date set for hearing.
C.
Such permit may, pending revocation proceedings, be
suspended for not more than two weeks by the Chief of Police if, in
his opinion, the conduct of the permittee is detrimental to the health,
safety and welfare of the Borough.
A.
Any person aggrieved by the action of the Chief of
Police in the revocation of a license as provided within this article
shall have the right of appeal to the Council upon such action.
B.
Such appeal shall be taken by filing with the Council
within 14 days after notice of the action complained of has been given
and shall consist of a written statement setting forth fully the grounds
for the appeal.
C.
The Council shall set a time and place for hearing
on such appeal, and notice of such hearing shall be given to the appellant.
D.
After such hearing, the Council may affirm or reverse
the action from which the appeal is taken.
Any person, firm, corporation or representatives thereof who violates any provision of this article shall, upon conviction thereof, be punished as provided in Chapter 1, Article III, General Penalty. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
