[HISTORY: Adopted by the Township Committee of the Township
of Liberty 6-4-1984. Section 41-11 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
No person, except as provided herein, shall canvass, solicit,
distribute circulars or other matter or call from door to door or
place to place in the Township of Liberty without first registering
with the Township Clerk of the Township of Liberty.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes itinerant vendors of merchandise who shall go from
door to door in this township selling, causing to be sold, offering
for sale or taking orders for present or future delivery of merchandise
of any description whatever. For the purpose of this chapter, 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,
analysis, opinion polls, rating data and any such similar work which,
of its nature, involves a door-to-door or place-to-place activity,
and shall include persons going from door to door or place to place
for the purpose of contributions or donations for any persons or organization.
Includes magazines, periodicals, books and orders or contracts
for a service home improvement or alterations.
The purpose of this chapter is to prevent fraud, crime and unethical
and dishonest business practices and for the general protection, health
and welfare of the residents of the Township of Liberty.
Each registrant shall, at the time of registering, file with
the Township Clerk an application, in writing, which shall give the
following information:
A.
The name, age and physical description of the applicant.
B.
The complete permanent home and local address of the applicant.
C.
The name and address of the organization or person for whom solicitation
is being made.
D.
A description of the nature of the business and the goods, services
or wares to be sold and sufficient information to determine whether
or not the business he is to transact is interstate or intrastate
commerce.
E.
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.
F.
The days, dates and route of his business in the Township of Liberty
(which shall be between the hours of 9:00 a.m. and 5:00 p.m.).
G.
A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or disorderly conduct offense, where and when
so convicted, the nature of the offense and the penalty, if any.
H.
The make, model, year, color and license plate number of automobiles
used by the applicant during the period of solicitation within the
township and the number of his driver's license and the state
of issuance.
A separate registration must be made for every solicitor, agent
or employee soliciting within the township limits.
Each registrant, upon being so registered, shall be issued forthwith a registration certificate by the Township Clerk (subject to § 41-8 below), upon which shall be affixed one photograph of the applicant over which is impressed the Official Seal of the Township of Liberty.
A.
Each registrant shall carry the registration certificate at all times
when in the township and shall exhibit it to any citizen or township
official upon request.
B.
At the conclusion of the period for which the registration certificate
was issued, said registration shall be deposited with the Township
Clerk.
In the event that an application for canvassing or soliciting
is disapproved by the Township Clerk for any reason, the applicant
may appeal to the Township Committee, who shall set a time and place
for a hearing, which hearing shall be held within 10 days after appeal
is taken by the applicant, at which hearing the applicant will be
given an opportunity to present his reasons why the license should
be issued. The decision of the Township Committee shall be final.
Every person to whom a registration certificate is issued under
the terms of this chapter shall be governed by the following rules
and regulations:
A.
All circulars, samples or other matter shall be handed to an occupant
of the property or left in a secure place on the premises.
B.
No person subject to the provisions of this chapter shall canvass,
solicit or distribute circulars or other matter except during the
hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday.
C.
No person subject to the terms of this chapter shall enter or attempt
to enter the house or apartment of any resident in the Township of
Liberty without an express invitation from the occupant of the house
or apartment.
D.
No person subject to the terms of this chapter shall conduct himself
in such a manner as to become objectionable to or annoy any person
while soliciting within the township limits.
E.
No person subject to the terms of this chapter shall make any solicitation
within the township limits where solicitors are notified by signs
that soliciting is prohibited.
A.
Any person, organization or society or association of a charitable, religious, patriotic, philanthropic or community nature desiring to solicit, or have solicited in its name, money, property or financial assistance may be exempt from § 41-4 of this chapter, provided that there is on file with the Township Clerk an application, in writing, giving the following information:
B.
Each solicitor for such organization, society or association shall
carry proper identification and shall display the same upon request.
Any person violating the terms of this chapter, whether as an
individual, principal or agent or employee of another, shall, upon
conviction, be subject to a fine not to exceed $1,000 or to imprisonment
in the county jail not exceeding 90 days, or both, in the discretion
of the court.
