[HISTORY: Adopted by the Mayor and Council of the Borough of Metuchen 6-21-1999 by Ord. No. 99-12. Amendments noted where applicable.]
A. 
The Borough of Metuchen has experienced a substantial volume of criminal activity involving burglary, the invasion or attempted invasion of private residences for illegal purposes and fraudulent sales schemes perpetrated by door-to-door vendors.
B. 
The Borough has received numerous complaints from residents about solicitors or persons claiming to be solicitors disturbing the peace, annoying the residents and otherwise violating the right of the occupants to the quiet and peaceful enjoyment and security of their homes.
C. 
Many of these crimes were committed by persons falsely posing as door-to-door salesman or canvassers for political, charitable or other nonprofit organizations.
D. 
It is in the public interest and in furtherance of the public safety to employ a registration program in the Borough to preclude such persons from freely roaming the Borough and calling from door-to-door on the pretext of performing legitimate canvassing activities.
E. 
The citizens of the Borough are entitled to preserve the quiet enjoyment of their homes, if they so desire, by declining to receive canvassers and solicitors at any hour.
The following practices are hereby regulated in accordance with the provisions of this chapter:
A. 
That of going in and upon private residences by peddlers, canvassers, solicitors and transient vendors of merchandise, not having been requested or invited to do so by the owner or occupant, for the purpose of soliciting orders for the sale of goods, wares and merchandise, or for the purpose of disposing of same.
B. 
That of soliciting money, signatures, votes or opinions, or engaging in political or religious discourse, by a bona fide nonprofit political, charitable or religious organization by going in or upon private residences, not having been requested or invited to do so by the owner or occupant.
No person shall engage in any regulated activity, as set forth in § 130-2 hereof, without first having obtained a written permit from the Borough.
Any person desiring a permit to carry out any regulated activity in the Borough shall file, not more than three months prior to the time such activity shall commence, nor less than 10 days prior thereto, an application consisting of the following:
A. 
A statement, on a form to be supplied by the Municipal Clerk, setting forth:
(1) 
Applicant's name and social security number.
(2) 
Applicant's permanent home address.
(3) 
Name and address of applicant's employer.
(4) 
Applicant's place(s) of residence for the preceding three years.
(5) 
Dates on which applicant wishes to commence and complete the regulated activity.
(6) 
The nature of the regulated activity, including a description of any services to be offered and any merchandise to be sold or offered for sale.
(7) 
Whether the applicant has ever been convicted of a crime, misdemeanor or violation of any ordinance concerning canvassing or soliciting and, if so, the date, place and nature of the offense and the penalty imposed.
(8) 
Names of other communities in which applicant has worked as a canvasser or solicitor in the past two years.
(9) 
Make, model, description and license number of any automobile that applicant will use in connection with the regulated activity.
(10) 
The use and disposition of any funds to be solicited.
(11) 
A description of the methods to be used in conducting solicitations of funds.
(12) 
Proof, if applicable, that the organization on behalf of which the regulated activity will be conducted is a nonprofit corporation and/or exempt from federal income taxation.
B. 
A letter or other written statement from the individual, firm or corporation employing the applicant, certifying that the applicant is authorized to act as the employer's representative in carrying out the regulated activity.
A. 
Upon receipt of such application, it shall be referred to the Chief of Police or his or her designee, who shall cause to be made such investigation of the applicant's business and background as he or she deems necessary for the protection of the public welfare.
B. 
Unsatisfactory determination.
(1) 
If, as a result of such investigation, the application is found to be unsatisfactory, the Chief of Police shall endorse on such application his or her disapproval and the reasons for the same and return the application to the Clerk, who shall notify the applicant that the application is disapproved.
(2) 
Any determination by the Police Department that an application is unsatisfactory shall be based upon one or more of the following findings with respect to the application:
(a) 
Conviction of a crime relating adversely to the occupation of canvassing or soliciting.
(b) 
Prior violation of a peddling or soliciting ordinance.
(c) 
Previous fraudulent acts or conduct.
(d) 
Record of breaches of soliciting contracts.
(e) 
Misrepresentation or false statement contained in the application for the permit.
C. 
If, as a result of such investigation, the application is found to be satisfactory, the Chief of Police shall endorse his or her approval on the application, returning the application to the Clerk, who shall, upon payment of the prescribed permit fee, execute and deliver to the applicant his or her permit. The Clerk shall keep a record of all permits issued and all complaints received, if any, concerning each permit.
If more than one agent, solicitor or canvasser will participate in any door-to-door campaign, each participant must make a separate application, supplying all information required pursuant to this chapter.
[Amended 12-21-2009 by Ord. No. 2009-18; 2-22-2011 by Ord. No. 2011-1]
Annual application fees for door-to-door soliciting in the Borough shall be as follows: $115 per each solicitor.
A. 
The permit shall, upon demand, be exhibited to any police officer or other municipal official and shall be displayed to any person approached in connection with any regulated activity.
B. 
No person shall conduct a regulated activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
C. 
No person shall make any fraudulent, misleading or incorrect statement in the course of conducting a regulated activity.
D. 
It shall be a violation of this chapter if any person to whom a permit is issued pursuant to this chapter shall be convicted of a felony while the permit is in effect.
The regulated activities named in § 130-2 hereof shall be deemed to have been invited unless the resident or occupant of any premises shall post notice to the contrary on the front door of said premises or such other prominent location as may be permitted by the Code of the Borough of Metuchen. It shall be unlawful for any person to engage in any regulated activity in defiance or disregard of such notice.
No person shall engage in any regulated activity except during daylight hours only, commencing at 9:00 a.m., Monday through Saturday. Such activities are prohibited on Sundays and on all state and federal holidays.
Any person violating any provision of this chapter, upon conviction, shall be subject to penalties as provided in Chapter 1, General Provisions, Article 1, and revocation of the permit issued hereunder.