The purpose of this article is to prevent fraud, crimes, undue
public inconvenience or annoyance, and unethical and/or dishonest
soliciting, distributing, peddling, or merchandising practice within
the Township of Haddon. All application fees to be charged for the
issuance of permits are not to be considered as revenue but are charges
for the purpose of covering the expenses of administering this article.
Whenever used in this article, unless a different meaning clearly
appears from the context, the following terms shall have the meanings
indicated:
Includes the words patriotic, philanthropic, social service,
welfare, benevolent, educational, civic or fraternal, either actual
or purported.
The Chief of Police of the Township of Haddon, or a representative
authorized by the Chief of Police to perform the acts of the Chief
of Police in accordance with this article.
Includes the words alms, food, clothing, money, subscription,
property or donation, under the guise of a loan of money or property.
Any individual, firm, partnership, corporation, company,
association, or joint-stock association, church, religious sect, religious
denomination, society, organization or league, and includes any trustee,
receiver, assignee, agent or other similar representative thereof.
As used herein, shall not mean and include the word "charitable,"
as herein defined, but shall be given their commonly accepted definitions.
The request, directly or indirectly, of money, credit, property,
financial assistance or other thing of value on the plea or representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable or religious purpose, as those
purposes are defined in this article.
No person, except as provided for herein, shall solicit, distribute,
peddle or call from house to house in the Township of Haddon in an
attempt to sell or for the purpose of selling goods by sample or to
take or attempt to take orders for the future delivery of goods, merchandise,
wares or any personal property of any nature whatsoever, or take or
attempt to take orders for services to be furnished or performed in
the future, without first having received a written permit from the
Chief of Police or his designee.
A.
Any person desiring a permit to peddle, distribute or solicit as
aforesaid in the Township shall file, on a form to be supplied by
the Township Clerk, an application with the Chief of Police or officer
in charge at police headquarters, stating:
(1)
Name of the applicant.
(2)
Permanent home address.
(3)
Name and address of employer or firm represented.
(4)
Place or places of residence of the applicant for the preceding three
years.
(5)
Date on which he desires to commence peddling, canvassing or soliciting.
(6)
Nature of merchandise to be sold or offered for sale or the nature
of the service to be furnished.
(7)
Whether or not the applicant has ever been convicted of a crime,
misdemeanor or violation of any ordinance concerning peddling, canvassing
or soliciting, and if so, when, where and the nature of the offense.
B.
Said application shall also be accompanied by 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.
C.
No such application shall be filed more than six months prior to
the time such peddling or soliciting shall commence.
D.
Upon the filing of the application, a fee in the amount provided by Chapter 111, Fees, shall be paid by the applicant to the Township Clerk for the use of the Township to defray the cost of investigating, photographing, fingerprinting, processing and issuing said permit.
E.
Two photographs shall be provided, taken within 60 days immediately
prior to the date of the application, which photographs shall clearly
show the head and shoulders of the individual who will be engaging
in the soliciting, distributing, peddling or calling from house to
house as provided for herein.
F.
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. This investigation shall include
the photographing and fingerprinting of the applicant. If, as a result
of such investigation, the applicant's character or business responsibility
is found to be unsatisfactory, the Chief of Police shall endorse his
disapproval and the reasons therefor on the application, and the permit
shall not issue. If, as a result of such investigation, the applicant's
character and business responsibility are found to be satisfactory,
the Chief of Police shall endorse his approval and execute a permit
to be formally issued by the Township Clerk. Said permit shall show
the name, address, photograph and thumbprint of the permittee, the
kind of goods or services to be sold or performed thereunder, the
date of issuance and the date on which said permit shall expire, which
shall be no later than 90 days from the date of issuance. The permit
shall be signed and sealed by the Township Clerk.
A.
No person, firm or organization shall solicit or call from house
to house, or engage or request individuals on its behalf to solicit
or call from house to house, within the Township, for financial contributions,
pledges or promises or agreements to pledge or contribute funds or
other valuable items of property to or for the benefit of any religious,
educational, charitable, fraternal, patriotic, political or service
organization, without having first received a written permit for such
solicitation.
B.
Any person, firm or organization desiring to canvass or solicit for contributions, funds, pledges or donations of items of valuable property shall first file, on a form to be supplied by the Township Clerk, an application with the Chief of Police for a permit. Said application shall set forth the information required in § 177-4A hereof.
C.
After due investigation thereof as provided in § 177-4F, the Chief of Police shall issue a permit to such applicant. No fee shall be required for such permit.
D.
In the event any regular, bona fide religious, educational, charitable,
fraternal, political or service organization located and established
in the Township of Haddon shall desire to canvass or solicit for funds
or pledges as aforesaid or shall desire to sell tickets from house
to house for any fundraising activities, then such organization shall
cause notice to be given to the Chief of Police of its intention to
solicit and canvass within the Township. The Chief of Police shall
automatically issue a permit therefor without need of investigation
and without payment of a permit fee.
E.
All organizations which may be of a national character or be associated
with the Community Chest which desire to solicit within the Township
on annual fundraising drives may do so upon filing notice of such
intention with the Chief of Police and filing with him samples of
credentials given to such solicitors or canvassers on behalf of such
fund drives. In the event that the Chief of Police desires further
information or proof of the nature, character, identity or purpose
of such organization, he may cause and require such organization to
furnish details thereof and cause such investigation to be made of
such organization, its personnel, canvassers or solicitors before
issuing a permit to such organization.
All persons to whom permits have been issued under this article
shall furnish proper credentials to their agents and solicitors for
such solicitation. Such credentials shall include the name of the
permit holder, the date, a statement describing the nature of the
activity to be performed by the solicitor, a description of the purpose
of the solicitation, the signature of the permit holder or of the
holder's chief executive officer, and the name, address, age, sex
and signature of the solicitor to whom such credentials are issued.
A copy of such credentials must be submitted to the Township Clerk
at the time the application for a permit is filed and must be approved
by the Chief of Police prior to the permit being issued. No person
shall solicit under any permit granted under this article without
the credentials required by this section and a copy of said permit
in his or her possession. Said credentials and copy of the permit
must be shown, upon request, to all persons solicited and to any police
officer of the Township of Haddon.
Within five days after receiving notification by registered
mail that his or her application for a permit to solicit under this
article has been denied, with the reasons for the denial set forth
on said notification, any applicant may file a written request for
a public hearing on the application before the Public Safety Director,
or his designee, together with written exceptions to the findings
of fact upon which the Chief of Police based his or her denial of
the application. Upon the filing of such a request, the Township Clerk
shall fix a time and place for the hearing and shall notify the applicant
thereof. The hearing shall be held within five days after the request
is filed. Within 10 days after the conclusion of the hearing, the
Public Safety Director, or his designee, shall render a written report
either granting or denying the application for a permit. In this report,
the Public Safety Director shall state the facts upon which his decision
is based.
Whenever the Chief of Police shall have probable cause to believe that any person to whom a permit has been issued under this article has violated any of the provisions of this article or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Chief of Police shall immediately suspend the permit and give the permit holder written notice by registered mail of a hearing to be held within two days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the Chief of Police has acted in suspending the permit. If, after such hearing, the Chief of Police finds that any provision of this article has been violated and/or that the purpose of the solicitation has been misrepresented, he or she shall, within two days after the hearing, revoke the permit and give the applicant written notice of the revocation and the reasons therefor. Such revocation shall be appealable to the Public Safety Director in the manner set forth in § 177-7 of this article, except that the Chief of Police shall bear the burden of proof. Any conviction of the permit holder, its employees, agents or representatives of a violation of any provision of this article shall be prima facie grounds for revocation.
No person shall, directly or indirectly, solicit contributions
for any purpose by misrepresentation of his/her/its name, occupation,
financial condition, social condition or residence, and no person
shall make or perpetrate any other misstatement, deception or fraud
in connection with any solicitation of any contribution for any purpose
in the Township of Haddon or in any application or report filed under
this article.
It shall be unlawful for peddlers and solicitors to engage in
their business of peddling, soliciting or calling from house to house
in the Township of Haddon other than between the hours of 10:00 a.m.
and 5:00 p.m. on weekdays, and any such peddling or soliciting within
the Township of Haddon, except within the hours authorized and by
licensed personnel, shall be deemed a public nuisance and a violation
of this article.
A.
Any person violating any of the provisions of this article, or filing
or causing to be filed an application for a permit under this article
containing a false or fraudulent misstatement, shall be subject to
a fine not exceeding $1,000 or be imprisoned in the county jail for
a term not exceeding 90 days, or both, for each offense, in the discretion
of the court.
B.
Any person not displaying his or her permit and photo identification
card issued in accordance with this article shall be subject to fine
of $100 for a first offense, $200 for a second offense, and an additional
fine of $100 for each offense thereafter.
