[HISTORY: Adopted by the Borough Council of the Borough of
Lincoln Park 11-12-1991 by Ord.
No. 1,032 as Ch. 157 of the 1991 Code; amended in
its entirety 3-19-2019 by Ord.
No. 5-19, effective 4-8-2019. Subsequent amendments
noted where applicable.]
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them by this section:
A vendor of merchandise or services who shall go from door to
door or place to place, selling, causing to be sold, offering for
sale or taking orders for present or future delivery of merchandise,
products or services of any description whatever, including but not
limited to magazines, periodicals, books and orders or contracts for
home improvements or alterations.
A person who makes or conducts surveys for research purposes,
analyses, opinion polls, rating data and any such similar work which,
by nature, involves door-to-door or place-to-place activity.
A person who goes from door to door or place to place for the
purpose of soliciting contributions, donations or any other thing
of value for any person or organization.
A person who goes from door to door or place to place for the
purpose of distributing circulars or other printed or electronic media.
The act of going from door to door or place to place for
the purpose of:
Sale, distribution, advertising, promoting, demonstrating, and/or
vending of merchandise, products, services, or materials, or taking
orders for present or future delivery of merchandise, products, services
or materials, of any description whatever, including but not limited
to magazines, periodicals, books and orders or contracts for home
improvements or alterations;
Making or conducting surveys for research purposes, analyses,
opinion polls, rating data and any such similar work which, by nature,
involves door-to-door or place-to-place activity;
Soliciting contributions, donations or any other thing of value
for any person or organization; or
Distributing circulars, advertisements, brochures, or other
similar printed matter.
Any individual, firm, partnership, association, organization,
entity, corporation, or group of persons.
The purposes of this article are:
A.
Maintaining
quiet and privacy for residence of the Borough of Lincoln Park.
B.
Discouraging
unethical and dishonest business practices.
C.
For the
general protection, health and welfare of the residents of the Borough
of Lincoln Park.
D.
To preserve
a record to identify names and addresses of all canvassers, vendors
and solicitors.
E.
Providing
a means for implementation and enforcement of the Borough's non-solicitation
list.
No person, except as provided herein, shall canvass, solicit
or sell food, beverages, services, or merchandise from a moving vehicle
or temporary location, or engage in any act of canvassing or soliciting
in any public or quasi-public place, door to door, or place to place,
within the Borough of Lincoln Park, without first having obtained
a permit or special permit therefor in accordance with the provisions
of this article.
A.
Applications
for permits shall be made upon forms provided by the Borough Clerk,
who shall file a duplicate copy with the Police Department, containing
the following information:
(1)
The
name, date of birth, social security number and physical description
of the applicant.
(2)
The
complete permanent home address and local address of applicant.
(3)
The
name and address of the organization or person for whom canvassing,
vending or soliciting is being made.
(4)
A description
of the nature of the business or activity and the goods, services
or wares to be sold, and sufficient information to determine whether
or not the activity contemplated is interstate or intrastate.
(5)
Two
recent 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.
(6)
The
days and dates upon which the canvassing or soliciting is to take
place.
(7)
A statement
as to whether or not the applicant has been convicted of a crime within
the last 10 years, including a felony, disorderly persons offense
or misdemeanor, and, if so, the dates, details and disposition thereof.
(8)
The
make, model, year, color and license plate number of each vehicle
used by the applicant during the period of canvassing, vending or
soliciting within the Borough of Lincoln Park, and copies of the applicant's
driver's license, registration and insurance certificate.
(9)
A list
of current canvassing, vending or soliciting permits received from
other municipalities.
(10)
A
statement as to whether or not the applicant has been denied a canvassing,
vending or soliciting permit during the past year by any municipality
or other governmental entity or agency.
B.
A separate
application shall be filed for each individual soliciting or canvassing
within the Borough of Lincoln Park.
C.
All applicants
shall provide photo identification in the form of state-issued driver's
license, state identification card, permanent residence card or United
States passport and shall be subject to and shall consent to a criminal
background check.
The governing body shall annually adopt by ordinance the fee
for a peddling and soliciting permit application.[1]
A.
Upon receipt
of a duplicate application, the Police Department shall cause an investigation
to be made of the applicant's business or moral character for the
protection of the public safety and welfare which is estimated to
take approximately two weeks. The Chief of Police shall deny a permit
to the applicant if investigation reveals any of the following:
(1)
Any
fraud, misrepresentation or false statement contained in the application
for permit.
(2)
Conviction
of any crime within the last 10 years, including a felony, disorderly
persons offense or misdemeanor, involving dishonesty, fraud, moral
turpitude or other actions directly relevant to the applicant's fitness
for a permit.
(3)
Prior
action taken by any governmental entity against the applicant for
conducting the business of soliciting or canvassing in any unlawful
or fraudulent manner.
B.
In the
event that the Chief of Police denies a permit to the applicant, he
shall detail in writing the reasons for such denial.
C.
In the event that the investigation as aforesaid does not disclose any of the above circumstances as set forth in Subsection A, a permit shall be issued forthwith by the Chief of Police, upon which shall be affixed one photograph of the applicant, signed by the Chief of Police in such manner that part of his signature shall cover part of the photograph. The Chief of Police shall also attach an up-to-date copy of the non-solicitation list to the permit thereby placing the permit holder on notice of such list.
In the event that the Chief of Police denies any application
for a permit, the applicant may appeal that decision within a period
of 10 days from the date of denial. Said appeal shall be filed with
the Borough Clerk and shall be heard by the governing body at the
next scheduled meeting of the governing body subsequent to the date
it is filed. The governing body may affirm, modify or reverse the
decision of the Chief of Police and shall indicate, in writing, the
reason for its determination. The governing body shall apply the standards
indicated hereinabove and shall relate its findings and conclusions
to the objectives of this article. The governing body's determination
shall be rendered forthwith and shall be final.
Each applicant, when canvassing or soliciting within the Borough
of Lincoln Park, shall carry the permit at all times and shall exhibit
the same to any citizen or police officer upon request.
A.
All permits
issued pursuant to this article shall be for a term of one calendar
year, or part thereof, and shall expire on December 31 of said calendar
year.
B.
Canvassing
and soliciting shall be conducted between the hours of 9:00 a.m. and
sunset.
C.
No canvasser
or solicitor shall enter or attempt to enter the house or apartment
of any resident of the Borough of Lincoln Park without an express
invitation from the occupant thereof.
D.
No canvasser
or solicitor shall conduct himself in such a manner as to become objectionable
to or annoy any person while canvassing or soliciting.
E.
No canvasser
or solicitor shall canvass or solicit upon premises where signs so
located give adequate notice of the prohibition of such activities.
F.
A canvasser
or solicitor shall comply with the non-solicitation list maintained
by the Borough Clerk and/or any posted non-solicitation sign, placard
or sticker on the residence or location of a property.
(1)
The
Borough Clerk shall prepare and maintain a list of addresses of those
premises where the owner and/or occupant has notified the Borough
Clerk, in writing, that canvassing and soliciting is not permitted
on the premises.
(2)
Non-solicitation
notice shall be upon forms available through the Borough Clerk's office,
and shall be effective until withdrawn by the owner and/or occupant.
(3)
The
non-solicitation list shall display the addresses, but not the names,
of the residents who have elected to be placed on the list.
(4)
The
non-solicitation list shall be regularly updated by the Borough Clerk
based upon the non-solicitation notices received from Borough occupants,
residents and/or property owners and shall be supplied to all applicants
for special or regular canvassing and soliciting permits, and any
other person or organization requesting the same.
(5)
No
canvasser or solicitor shall canvas or solicit upon premises listed
in the non-solicitation list maintained by the Borough Clerk.
(6)
Upon
registration with the Borough Clerk, the owner and/or occupant of
premises identified on the non-solicitation list may obtain a sign,
placard or sticker from the Borough Clerk, at nominal cost, which
may be affixed to a front door, front window or front facing wall
of the premises, and giving notice that canvassing and soliciting
are not permitted on the premises.
G.
All circulars,
samples, merchandise, or other printed or electronic media distributed
by the canvasser or solicitor shall be handed to an occupant of the
property or left in a secure location on the premises.
H.
Any person
who violates any provision of this article, upon conviction thereof,
shall be punished by a fine not exceeding $750 or by imprisonment
for a term not exceeding 90 days, or both. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
A.
The permit fee provisions of § 344-5 only shall not apply to any veteran or exempt firefighter who holds a special license under the laws of the State of New Jersey, but such person shall be required to comply with all other applicable provisions of this article, including but not limited to background investigation and payment of all fees in connection therewith.[1]
B.
(1)
Any
person canvassing or soliciting for a political candidate, organization
or program, including the solicitation of donations or contributions
for any political candidate, organization or program; or
(2)
Any
nonprofit, religious, charitable, recreational, civic or veterans'
organization, service club, or volunteer fire or first aid company
desiring to solicit or have solicited or canvassed in its name money,
donations or financial assistance of any kind.
C.
Notwithstanding the foregoing, any person claiming the exemption set forth in Subsection B of this section shall, prior to conduct of canvassing or soliciting within the Borough of Lincoln Park, file an application, in writing, with the Borough Clerk, for a special permit.
(1)
Said
application shall contain the following information:
(a)
The name and address of the person or organization.
(b)
The purpose for which the special permit is required.
(c)
The names and addresses of the officers, directors or trustees of
the organization.
(d)
The period during which canvassing or soliciting is being carried
on.
(e)
The names and addresses of all canvassers or solicitors engaged or
utilized by the applicant.
(f)
A statement as to whether or not the applicant, and the canvassers
or solicitors engaged or utilized by the applicant, have been convicted
of a crime within the last 10 years, including a felony, disorderly
persons offense or misdemeanor, and, if so, the dates, details and
dispositions thereof.
(2)
The
Borough Clerk shall file a copy of all applications for a special
permit with the Chief of Police.
D.
Upon being satisfied that the person or organization is a bona fide person or entity as described in § 344-10B, subject to the exemptions set forth herein and as represented in its application, the Borough Clerk shall issue a special permit, without charge, for the time period during which canvassing or soliciting is requested.
E.
The provisions
of this article shall not apply to any person canvassing or soliciting
on behalf of any local, county, state or federal government department,
agency, commission, or division or law enforcement activities.
A.
Permits
issued under this article may be revoked by the Chief of Police, after
written notice outlining reasons, for any of the following causes:
(1)
Misrepresentation
or false material statement contained in the application.
(2)
Misrepresentation
or false material statement contained in the course of carrying on
activities regulated herein.
(3)
Conviction
of any crime within the last 10 years, including a felony, disorderly
persons offense or misdemeanor, or engaging in business activity that
would have precluded issuance of a permit as set forth hereinabove.
(4)
Conducting
canvassing or soliciting in an unlawful manner in violation of the
provisions of this article or in such manner as to cause a breach
of the peace or to constitute a menace to safety or general welfare
of the public.
Food or beverages may be sold from a vehicle parked in a designated
location at the Lincoln Park Community Lake during days and hours
of operation as fixed by the Borough at the Lincoln Park Community
Lake upon the issuance of a permit therefor in accordance with the
provisions of this article.
The permit shall be displayed in a conspicuous location at the
service counter of the vehicle.
Applications for permit shall comply with the provisions of Chapter 269, Food and Food Establishments, and all other relevant regulations of the Department of Health.
The following sections of Article I of this chapter are hereby incorporated by reference and made applicable to vending food and beverages at the Municipal Community Lake: § 344-4, Application for permit; § 344-6, Investigation of applicant; denial or issuance of permit; § 344-7, Appeals; § 344-10, Exceptions; special permits; and § 344-11, Revocation of permit.
