[Adopted 5-10-1965 by Ord. No. 1965-2; amended in its entirety 9-12-2007 by Ord. No. 2007-24]
It is hereby determined declared and recited
that the legitimate business or practice of soliciting and canvassing
from door to door, regardless of purpose, affords an opportunity for
the practice of fraud, deceit and dishonest dealing by the unscrupulous
minority, with redress difficult because of lack of means of identifying
the solicitor, and consequently, public safety and welfare required
that those going from door to door for any purpose be required first
to give such information as will identify themselves and prevent possible
fraud.
When used in this article, the following terms
shall have the following meanings:
A person who goes from house to house or place to place selling
goods, wares and merchandise by sample and taking orders for future
delivery, with or without accepting an advance payment for the goods.
The provisions of this article shall apply to the person who comes
into personal contact with the buyer through the delivery of the goods
or the acceptance of any money and payment thereof, but does not apply
to any commercial courier or delivery services such as Federal Express,
United Parcel Service, or DHL, etc. For the purpose of this article,
a canvasser or solicitor shall also be deemed to be anyone who is
not in the business of selling goods, but rather makes surveys, research,
analysis, opinion polls or gathers rating data and any such similar
work which by its nature involves a door-to-door or place-to-place
activity.
Any person, whether as volunteer, owner, agent, consignee
or employee, who engages in door-to-door commercial solicitation.
[Added 11-6-2013 by Ord. No. 2013-11]
Attempting to make personal contact with a resident at his
or her residence, without prior specific invitation by or appointment
with the resident, for the primary purpose of:
[Added 11-6-2013 by Ord. No. 2013-11]
Attempting to sell, for present or future delivery, any goods,
wares or merchandise, other than newspaper or magazine subscriptions,
or any services to be performed immediately or in the future, whether
or not the person has, carries or exposes a sample of such goods,
wares or merchandise, and whether or not he or she is collecting advance
payments for such sales; or
Personally delivering to the resident a handbill or flyer advertising
a commercial event, activity, good or service that is offered to the
resident for purchase at a location away from the residence or at
a future time.
Attempting to make personal contact with a resident at his
or her residence, without prior specific invitation by or appointment
with the resident, for the primary purpose of:
[Added 11-6-2013 by Ord. No. 2013-11]
Seeking or asking for a gift or donation for a public entity
or nonprofit organization exempt from federal income tax under 26
U.S.C. § 501(c)(3);
Soliciting the sale of goods, wares or merchandise for present
or future delivery, or the sale of services to be performed immediately
or in the future, with the entire proceeds of such sale to be paid
directly to, or used exclusively for the benefit of, a public entity
or nonprofit organization exempt from federal income tax under 26
U.S.C. § 501(c)(3);
Personally delivering to the resident a handbill or flyer advertising
a future, not-for-profit event, activity, good or service;
Proselytizing on behalf of a religious organization;
Soliciting support for a political candidate or organization,
or ballot measure or ideology; or
Soliciting the sale of newspaper or magazine subscriptions.
A peddler, hawker, solicitor, canvasser or junk dealer, as
defined herein; also, anyone selling food and beverages from a truck,
van or any other motor vehicle.
A list of the addresses of Township residents who have requested
that their residences be placed on a list maintained and published
by the Township for the purpose of informing the general public and
prospective solicitors that all door-to-door commercial solicitation
at such addresses is prohibited.
[Added 11-6-2013 by Ord. No. 2013-11]
Any person, whether as volunteer, owner, agent, consignee
or employee, who engages in door-to-door noncommercial solicitation.
[Added 11-6-2013 by Ord. No. 2013-11]
A person who goes from house to house or place to place who
is not in the business of selling goods or soliciting funds or other
things of value for which no merchandise, wares or direct services
are given, but for the purposes of soliciting interest in a particular
philanthropic, charitable or religious organization, a particular
ideology, or a particular political candidate or viewpoint.
A person who sells goods, the proceeds of which are devoted
exclusively to the purposes of philanthropic, political, charitable
or religious organization on whose behalf he or she acts as agent,
with or without pay, including those individuals or organizations
soliciting funds or other things of value for which no merchandise,
wares or direct services are given.
Any person, whether a resident of the Township or not, who
goes from house to house, from place to place or from street to street
conveying or transporting goods, wares, merchandise or services and
offering or exposing the same for sale or making sales and delivering
articles or services to purchasers.
Any person to whom a permit has been issued under the provisions
of this chapter; this term also encompasses solicitors who are regulated
by the State of New Jersey and are thus not required to obtain a Township
permit.
[Added 11-6-2013 by Ord. No. 2013-11]
A private residence in the Township, including but not limited
to single-family dwellings, multifamily dwellings, condominium units
and apartments, including the yards, grounds or hallways thereof.
[Added 11-6-2013 by Ord. No. 2013-11]
[Amended 11-6-2013 by Ord. No. 2013-11]
A.
No person or persons shall conduct any business or activity as a
canvasser, solicitor, itinerant merchant, transient vendor, nonprofitmaking
vendor, peddler, or hawker, or nonprofitmaking canvasser, within this
Township without first registering and obtaining a license or permit
as provided in this article.
B.
All solicitation prohibited by posting of "No Solicitation" or "No
Trespassing" sign.
(1)
No solicitor, whether commercial or noncommercial, shall enter or remain upon any private premises in the Township if a "No Solicitation" or "No Trespassing" sign is posted at or near the entrance(s) to such premises. For the purposes of this provision, if an occupant of a multifamily dwelling, as defined in § 65-7 of the Land Use Code, wishes to prohibit door-to-door solicitation by the posting of a sign, the sign prohibiting solicitation must be posted at or near the entrance(s) to the occupant's individual dwelling.
(2)
This provision shall apply to all solicitation, including, without
limitation, all activities that are religious, charitable, or political
in nature and all commercial solicitation.
C.
No-Knock Registry for commercial solicitations.
(1)
Any owner or lawful occupant of any residence within the Township
who wishes to prohibit door-to-door commercial solicitation at his
or her residence may register the address of such residence with the
Township by completing a form prepared by the Township Clerk, which
form may be submitted either in person or by mail. Such registration
shall take effect 30 calendar days after the date of the Township's
receipt of the registration form.
(2)
The Township Clerk shall maintain and publish on the Township's website a No-Knock Registry consisting of all residential addresses that have been registered under Subsection C(1) above and that have not been deleted by the Township under Subsection C(4) below or by the owner or lawful occupant of the registered property. Each permit holder shall be responsible for obtaining and reviewing a copy of such list upon issuance of a permit under this chapter and at such intervals thereafter as may be reasonably necessary to ensure compliance with the requirements of Subsection C(3) below.
(3)
As of the effective date of the registration of a residential address under Subsection C(1) above, all door-to-door commercial solicitation at such address shall be prohibited until such time, if at all, that the address has been deleted from the No-Knock Registry.
(4)
Each residential address appearing on the Township's No-Knock
Registry will remain on the list for two years from the date it was
submitted to the Township, at which time it shall be deleted from
the list unless a new form requesting no solicitation at such residence
has been submitted by the owner or lawful occupant thereof. No less
than 60 calendar days prior to the deletion of any address from the
no-solicitation list, the Township Clerk shall provide written notice
to the property owner or occupant who registered the address with
the Township, which notice shall be sent to the registered address
or to such other address as may have been provided to the Township
at the time of registration.
(5)
Prior to the expiration of the two-year period referenced in Subsection C(4) above, the owner or lawful occupant of any residence appearing on the No-Knock Registry may cause such residence to be removed from the list by submitting a written request for removal of the same to the Township Clerk.
(6)
Neither the Township nor any of its officers, employees, agents or
authorized volunteers shall be liable to any person for any injuries,
damages or liabilities of any kind arising from or relating to any
errors or omissions that may occur in compiling or maintaining the
No-Knock Registry.
A.
Each applicant for registration shall, at the time
of registering, give full, exact and true answers, in writing on a
registration form, which includes the applicant's name, permanent
and temporary residence and business addresses, social security number,
height, weight and other personal identification data, including identifying
marks and a recent, clear and accurate photograph (approximately 2 1/2
inches square, furnished in duplicate by the applicant) of his face;
the purpose of the proposed solicitation; the name and permanent address
of the person, company or organization for whom he is acting, together
with a copy of the written credential from said person to so act,
stating his exact relationship to them; the place where the goods
or services to be sold or offered are manufactured, prepared or produced
and where then located; any prior convictions of federal, state or
municipal offenses other than traffic and moving violations, including
the nature thereof and sentence imposed; the route, date and approximate
hours of his solicitation in the Township and, if the applicant intends
to use a vehicle in connection with such solicitation, a copy of applicant's
driver's license, vehicle registration, and proof of automobile insurance
of any vehicle he will use in connection with such solicitation.
B.
The applicant shall, at the time of completing the
written registration, pay to the Municipal Clerk the sum of $200 to
defray part of the cost to the Township of the registration form,
supplies and incidental cost of the investigation hereinafter referred
to and of administration of this article. Each registration shall
be renewed annually at a cost of $200 for each and every year thereafter.
C.
Upon completion of the form and deposit of the cost,
the Municipal Clerk shall promptly cause the Mansfield Township Police
Department to initiate and cause to be concluded within 15 days thereafter
an investigation to verify the accuracy of the registration data;
obtain the applicant's prior criminal records; if a vehicle is used
in connection with such solicitation, verify the applicant's driving
privileges are not suspended or revoked, verify the applicant's vehicle
registration is current and verify that the applicant maintains the
minimum automobile insurance required by law; verify the good standing
of the business or organization, which shall include obtaining reports
from the Department of Consumer Affairs, Better Business Bureau, Division
of Revenue and New Jersey State Police; if a charitable organization,
verify that the organization is properly registered as such with the
New Jersey Department of Consumer Affairs Charitable Registration
Section. If the investigation has not been completed within the 15
days, the applicant will be issued a temporary registration card forthwith,
subject to completion of the investigation.
D.
If the investigation indicates that the registrant
has been convicted of a first, second or third degree offense, or
any offense involving fraud or theft; if a business, that the business
is not in good standing; that the individual, business or organization
is the subject of consumer complaints alleging fraud; that the individual,
business or organization is the subject of complaints filed with the
Department of Consumer Affairs, Better Business Bureau, or New Jersey
State Police; or if the applicant's vehicle registration or driver's
license has been revoked or suspended, or applicant has failed to
maintain the minimum automobile insurance required by law; if a charitable
organization, that the organization is not properly registered with
the New Jersey Department of Consumer Affairs Charitable Registration
Section; or if the registration information is false or misleading
in any material respect, the Municipal Clerk shall note those facts
on the registration form, together with his/her disapproval, and furnish
the applicant with a copy thereof by certified mail to his permanent
address or by handing it to him/her personally, and no registration
shall issue thereon, provided that the registrant shall have the right
within 10 days of the date of such notice to file a request with the
Township Committee for a review thereof, which, upon receipt of such
notice, shall promptly fix a time and place at which the registrant
may be heard by it and the matter reviewed and shall forthwith either
affirm or reverse the disapproval of the Municipal Clerk, and, in
the latter event, order a registration card to be issued.
A.
Upon compliance by the applicant with the terms of
this article and upon approval of his/her registration by the Municipal
Clerk, there shall be issued to the registrant a registration card
indicating that the person named thereon is registered in accordance
with the terms of this article. Such card shall have securely fixed
thereto one of the photographs so submitted and be signed by the Municipal
Clerk in such fashion that part of his signature extends over a portion
of such photograph.
B.
Such registration card shall remain the property of
the Township of Mansfield and may be immediately suspended by the
Mansfield Township Police Department or the Municipal Clerk for any
violation of this article and, within five days of such suspension
upon written notice and the reasons therefor and an opportunity to
be heard, revoked by the Township Committee for such cause.
C.
No registrant shall be required to register more than
once in any calendar year, provided that he promptly advises the Mansfield
Township Police Department or the Municipal Clerk of any change in
registration data required above and, upon request, furnishes new
photographs when the ones provided become unrepresentative of his
likeness.
A.
All licensees who offer to sell, display for sale
or sell or deliver fruits and vegetables and farm products from any
vehicles which are wholly or in part open on any of the sides thereof
shall, at all times, keep all fruits, vegetables and produce of any
kind and nature covered with satisfactory materials in order to avoid
and eliminate the accumulation of flies or any other insects from
alighting around or upon any and all of the merchandise.
B.
The licensee shall prohibit, as reasonably as possible,
the eating of any merchandise directly from his or her vehicle.
A.
All licensees offering for sale, displaying for sale,
selling or delivering seafood, meats, poultry or dairy products shall
transport the same solely in refrigerated vehicles. All such products
shall remain in the refrigerated portion of the vehicle at all times
during the time of a sale or delivery, and the refrigerated portion,
while in use, shall be maintained at a properly low temperature to
completely safeguard such products from a health and sanitary standpoint,
to the fullest reasonable extent possible for the safety and welfare
of the public.
B.
The licensee shall prohibit, as reasonably as possible,
the eating of any merchandise directly from his or her vehicle.
A.
All licensees offering for sale, displaying for sale,
selling or delivering beverages, sandwiches, snacks, or similar foods
from a motor vehicle specially designed and equipped for such purpose
shall ensure that they have complied with all health and sanitation
requirements set by this municipality, by the Burlington County Board
of Health and by the State of New Jersey.
B.
The equipment used in the vending of food and beverages
pursuant to this section shall be inspected upon application for registration
and receive a certificate of inspection upon compliance with all applicable
ordinances, statutes, rules and regulations.
C.
In addition to any other health and sanitation requirements,
the following regulations must be followed: the location of the food
storage, food preparation and cart storage shall be subject to the
applicable provisions of the New Jersey Sanitary Code (N.J.A.C. 8:21
through 24), and all food product storage and preparation areas shall
be enclosed by partition and separated from any cart storage or non-food
preparation related operations. In the event that the mobile car base
is the same as an individual's residence, the commercial food storage
and preparation shall be separated from the residential portion of
the premises.
D.
All vending units dispensing hot food in accordance
with this section shall be equipped with:
(1)
Twin potable water tanks consisting of a minimum capacity
of eight gallons each, heating electrically or otherwise, and tilted
toward a capped drain cock so that the tank can be completely evacuated
of water. All tanks shall be equipped with an access hatch in order
to facilitate cleaning and sanitizing internal surfaces of the tanks,
and said access hatch shall be approved by the Township.
(2)
A hand wash sink, seamless, with running hot and cold
water, soap and single-service towels.
(3)
A suitable waste tank with an adequate method of gauging
the contents and having a capacity at least equal to the capacity
of the water supply tank. It shall be tilted toward a drain cock.
All waste shall be emptied and flushed into a sanitary sewer as often
as necessary in a sanitary manner in order to maintain sanitary conditions.
(4)
A refrigerated box capable of maintaining a temperature
of 45° F. or below and equipped with an indicating thermometer
for various ingredients carried, with metal racks or platforms provided
to store ingredients.
(5)
A refuse container with the cover attached to the
cart for deposit of papers and other solid waste by customers and
operators. Said container must be readily cleanable and kept clean.
E.
In addition to the above, the following health regulations
shall apply to vehicles used by licensees in connection with offering
to sell, displaying for sale or selling or delivering any food or
beverages pursuant to this section:
(1)
Every vending unit shall be constructed of such acceptable
materials to enable it to be readily cleaned, and the equipment shall
be installed in such a manner that the unit can be kept clean and
food will not be contaminated during cooking, serving, display or
storage.
(2)
Food-contact surfaces of vending units shall be provided
with a close-fitting lid to protect food products from dust, dirt
and splash.
(3)
Vending units shall be disassembled, if practicable,
and cleaned daily or more often as deemed necessary by the Board of
Health, and all food contact services of the vending unit shall be
washed, rinsed and sanitized in accordance with procedure of the applicable
chapter of the New Jersey Sanitary Code; provided, however, that all
such cleaning is prohibited in public places.
(4)
The cart-cleaning process at the vending base of operation
shall be segregated from food product storage, preparation, cleaning
or refuse areas.
(5)
Wastewater from any discharge shall be disposed of
in a sanitary manner and shall not create a nuisance.
(6)
All perishable and/or potentially hazardous foods
shall be maintained at temperatures below 45° F. or above 140°
F. until removed from storage for preparation and use, and all food
items shall be protected from contamination at all times.
(7)
All vehicles or other means of transport shall have
adequate facilities and capacity to dispose of any trash or food wastes
associated with the transport of food or breaking down of food products.
Said vehicle shall be maintained in a clean and sanitary manner and
subject to inspection by the Township.
No licensee shall at any time permit any debris,
waste materials, rotting produce or merchandise of any kind or any
unfit produce to remain in or upon his or her vehicle, unless it is
contained in a metal leakproof container having a properly fitted
metal cover on the container.
A.
No licensee shall sell or attempt to sell any articles
to pedestrian or vehicular traffic, other than when his or her vehicle
is properly parked immediately adjacent to the curb or of a public
street or highway and in a permitted locality.
B.
The licensee shall at no time double park when dealing
with any of his or her customers, and in no event shall he or she
transact any of his or her business operations other than at the curbside
of his or her vehicle.
C.
The licensee shall at no time park or otherwise position
his or her vehicle along a public street or highway in such a manner
as to constitute a traffic hazard or endanger the safety of persons
attempting to purchase food or beverages from the licensee.
A.
Before a licensee uses a vehicle or mode of transportation
in connection with offering to sell, displaying for sale or selling
or delivering any food or beverages, he or she shall submit such vehicle
to the Township Health Officer and/or Mansfield Township Police Department
for inspection and approval to ensure compliance with this article
and shall, whenever requested during the term of the license, submit
his or her vehicle for reasonable reinspection for such purpose.
B.
No vehicle or mode of transportation shall be used
by any licensee in connection with offering to sell, displaying for
sale or selling or delivering any food or beverages unless it has
been approved for use by the Health Officer and/or Mansfield Township
Police Department. The written approval shall remain in and upon the
vehicle at all times and shall be shown by the operator to any police
officer or other official of the Township or any member of the public
upon request.
No licensee shall at any time permit any waste materials or parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks, and a licensee shall at all times remove any such debris that may have fallen from his or her vehicle. Such litter shall be immediately placed in the metal containers referred to in § 24-10.
All sales of any merchandise by any licensee
shall, at the time of the sale, be placed in bags or other suitable
containers when such merchandise is handed to the customer.
All licensees, while carrying on their permitted
business, shall fully comply at all times with all of the requirements,
terms and conditions of this article and all other applicable provisions
of the Township Code, as well as applicable state laws, regulations
or provisions pertaining to such activity and particularly dealing
with provisions of health, safety and general welfare but in no way
limited only thereto.
Any license issued under the provisions of this
article may be suspended or revoked upon notice and hearing for any
of the following reasons:
A.
Fraud or any material misrepresentation contained
in the application.
B.
Fraud or any material misrepresentation made in the
course of carrying on any of the business or commercial activities
described and provided for in this article.
C.
Conducting the business in such a manner as to create
a public nuisance or constitute a danger to the public health, safety,
welfare or morals.
D.
Violation of any Township ordinance or general law.
E.
Any activity injuries to the health, safety and welfare
of the public.
Upon application to the Township Committee,
any canvasser, solicitor, itinerant merchant, transient vendor, nonprofitmaking
vendor, peddler or hawker who desires to work at events which are
under the sponsorship and control of the Township government, local
Board of Education or any association, organization or body officially
connected therewith may be given a special permit to conduct a business
or activity as an itinerant merchant or transient vendor, and the
Township Committee may waive one or more of the requirements otherwise
established by this article and applicable to the type of vendor herein
described. The fee for this special permit shall be $10, and the Municipal
Clerk will note on the permit those sections expressly waived by the
Township Committee.
Any person who fails to comply with the requirements
of this article or any part thereof or makes a false fraudulent representation
in any statement required by this article to be filed by him or her
or falsely represents by advertising or otherwise that such personal
property is in whole or in part damaged goods saved from fire or makes
any false statement as to the previous history or character of such
personal property shall be subject to a fine of not less than $100
nor more than $500 or to imprisonment in the county jail for a term
not exceeding 90 days or to a period of community service not exceeding
90 days or to such combination of punishment as the Municipal Judge
may, in his or her discretion, deem appropriate and just.
