[Adopted 5-25-1982 by Ord. No. 9-82 (Ch. 180, Art. I, of the 1990 Code)]
As used in this article, the following terms shall have the meanings indicated:
- CHARITABLE ORGANIZATION
- Any benevolent, philanthropic, patriotic, not-for-profit or eleemosynary group, association or charitable purposes. "Charitable organizations" include and are not limited to the following organizations: fire departments, first aid squads and religious organizations.
- CHARITABLE PURPOSE
- Any charitable, benevolent, philanthropic, patriotic or eleemosynary purpose.
- The promise or grant of any money or property of any kind or value.
- ITINERANT MERCHANTS, TRANSIENT VENDORS and SALESMEN
- The category of peddler, hawker, vendor, solicitor or canvasser, as set forth herein.
- Includes all goods, wares, food, fruit, vegetables, farm products, magazines, periodicals and all kinds of articles of personal property for domestic use, including the distribution of product samples. Orders or contracts for a service, home improvement or alteration and market surveys shall be considered "merchandising" within the terms of this article.
- PEDDLER, HAWKER and VENDOR
- Any person who goes from house to house or from place to place without appointment, traveling on the streets and roads, engaged in the practice of merchandising of any nature whatsoever. The word "peddler" shall include the words "hawker" and "huckster."
- Includes the singular and plural and any person, firm or corporation, association, club, partnership, society or any other organization.
- SOLICITOR or CANVASSER
- Any person who goes from house to house or from place to place without appointment, traveling on the streets and roads, engaged in the practice of merchandising of any nature whatsoever. The words "solicitor" and "canvasser," however, shall not include wholesale salesmen calling on retail merchants.
- The Township of Mount Olive.
It shall be unlawful for any peddler, hawker, vendor, solicitor or canvasser, as defined in § 294-1 of this article, to engage in such activity within the Township of Mount Olive or any charitable organization, as defined in § 294-1 of this article, to canvass or solicit within the Township of Mount Olive as set forth in § 294-14 hereunder, without first obtaining a license therefor as provided herein.
At least 45 days prior to the date of the period for which an applicant seeks a license hereunder, all applicants shall file with the Township Clerk a sworn written application, in duplicate, on a form to be furnished by said Clerk, which shall give the following information:
The name and description of the applicant, including date of birth and driver's license number.
The permanent home address and full local address, if any, of the applicant.
The name and address of the employer or firm representing, together with credentials establishing the exact relationship.
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
The length of time for which the license is desired.
The geographic area to be canvassed or solicited.
If a vehicle is to be used, a description of such vehicle and its license number.
The place where the goods or property to be sold or offered for sale are manufactured or produced, the place where such goods or property are located at the time such application is filed and the proposed method of delivery.
A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches.
Two business references located in the County of Morris, State of New Jersey, or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause to be made such investigation of the applicant's business and moral character as he deems necessary for the protection of the public welfare.
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 on such application his disapproval and his reasons for the same and return the application to the Township Clerk, who shall notify the applicant that his application is disapproved.
Any determination by the Chief of Police that an application is unsatisfactory shall be based upon one or more of the following findings with respect to the applicant:
Conviction of a crime relating adversely to the occupation of canvassing or soliciting. In such event, the provisions of N.J.S.A. 2A:168A-1 et seq. shall be complied with.
Prior violation of a peddling or soliciting ordinance.
Previous fraudulent acts or conduct.
Record of breaches of soliciting contracts.
Misrepresentation or false statement contained in the application for the license.
Concrete evidence of bad moral character.
If, as a result of such investigation, the character and business, responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse his approval on the application, returning the application to the Township Clerk, who shall, upon payment of the prescribed license fee, execute and deliver to the applicant his license. The Clerk shall keep a record of all licenses issued and all complaints received, if any, concerning each license.
The license issued hereunder shall contain the signature of the issuing officer and shall show:
The name and address of the licensee.
The class of license issued.
The kind of goods or services to be sold thereunder.
The date of issue.
The length of time the license shall be operative.
The license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
The Township Clerk shall issue to each licensee, at the time of delivery of his license, a badge, which shall show the nature of the license, a photograph of the licensee and the expiration date in letters and figures easily discernible. Such badge must be worn constantly by the licensee in such a manner as to be readily visible when engaged in the activities herein.
Upon issuance of said license, each hereunder shall pay to the Township Clerk the sum of $2 as a fee for said badge.
No license shall be issued where any person who would use the proposed license is under 16 years of age.
Application fee. There shall be an application fee of fifty $50 for every weekly and yearly license, which shall be paid upon filing of the application.
License fee. The license fee to be paid by each licensee shall be as follows:
For a daily license, $5 per day.
For a weekly license, $20 per week, and for the purpose of this article, a "week" shall constitute any seven consecutive days, including Sundays.
For a yearly license, $60 per year, and for the purposes of this article, all yearly licenses shall expire at the end of the calendar year in which they are issued. The yearly license fee for any license obtained during the calendar year shall be prorated on a monthly basis, and the yearly fees reduced accordingly.
Every holder of a peddler's license or solicitor's license issued by the Township Clerk under the authority of N.J.S.A. 45:24-9 shall be required to carry such license with him while engaged in the business or activity licensed within the corporate limits of the Township. He shall produce such license at the request of any official of said Township with whom he wishes to conduct his said business or activity.
Every such licensee shall restrict his selling activity within the Township to the hours between 9:00 a.m. and 8:00 p.m. prevailing time, on Sundays through Saturdays.
[Amended 8-9-1988 by Ord. No. 29-88]
Licenses shall not be transferable and must be surrendered after expiration before a renewal license can be issued.
It shall be the duty of any police officer of the Township of Mount Olive to enforce the provisions of this article and to require any person seen peddling or soliciting who is not known by such officer to be duly licensed, to produce his peddler's or solicitor's license.
The Township Clerk shall maintain a record of all licenses issued under the provisions of this article and shall record therein all convictions for violations of this article and other pertinent circumstances and incidents reported by the Chief of Police.
[Added 6-14-2016 by Ord. No. 13-2016]
Every individual issued a license under this article shall conduct himself or herself according to the following code of conduct:
He or she shall not enter or remain upon any resident's property upon which is posted that solicitors are not permitted, or a notice of similar content. He or she shall not create any sound in a manner calculated to attract the attention of any occupant of the residence on which such notice is posted.
He or she shall not enter or remain upon any resident's property without the express permission and invitation of the homeowner.
He or she shall not use intimidation, threats, or pressure to gain access to any resident's property.
He or she shall display his or her badge and/or license in a visible manner as set forth in § 294-6 above.
He or she shall immediately leave the resident's property upon request by the resident to do so.
He or she shall not leave, on or about the resident's property, any circular, samples or other matter or material unless same is handed directly to an occupant of the property.
He or she shall not indicate or represent that the Township endorses or sponsors any of the views expressed by the organization for which support or contribution is sought.
He or she shall not make any false claims, misrepresentations or materially incorrect statements concerning the solicitation, organizations represented, or the use to be made of the amount solicited.
He or she shall not engage in any course of alarming conduct or conduct himself or herself in a manner so as to reasonably alarm or annoy the occupant of the dwelling.
He or she shall not engage in any conduct which is prohibited by any statute, regulation or ordinance in effect in the Township of Mount Olive.
He or she shall have a complete copy of this chapter of the Township Code in his or her possession at all times.
He or she shall be wearing a reflective vest and carrying a functioning flashlight if engaging in his or her activities at dusk or later.
Upon expiration of the license, the licensee shall surrender same, together with any badge or identification card issued by the Township, to the Township Clerk forthwith.
Prohibited practices of licensee:
He or she shall not enter a roadway for the purpose of approaching occupants of motor vehicles using the roadway or approach such occupants; have any exclusive right to any location; operate or conduct any of his or her business from a fixed location; or be permitted to operate in any congested area where his or her operations might impede or inconvenience the public.
For purposes of this subsection, the judgment of a police officer, exercised in good faith, shall be deemed presumptive as to whether the area is congested or the public is impeded or inconvenienced by the actions of the licensee.
As used herein, a licensee shall be deemed to be operating from a fixed location if he or she has been in the same location, or within 200 feet in any direction of the location, or remains on the same lot for more than 30 consecutive minutes.
He or she shall not solicit any goods or services, including but not limited to food, ice cream and soft drinks, within 1,000 feet of any commercial establishment or machine selling vending or dispensing the same or substantially similar goods or services.
He or she shall not solicit any goods or services, including but not limited to food, ice cream and soft drinks, in any municipal park or other place of recreation or cultural activity or upon any public street or right-of-way adjacent to such municipal park or place of recreational or cultural activity.
Licenses issued under this article may be revoked by the Chief of Police, after reasonable notice and hearing, for any of the following causes:
Misrepresentation or false statement contained in the application for the license.
Misrepresentation or false statement made in the course of carrying on activities regulated herein.
Conviction of any crime or misdemeanor relating adversely to the occupation of peddling or soliciting.
Conducting the business of soliciting and canvassing in an unlawful manner, in violation of this article or in such manner as to constitute a breach of peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of a hearing for revocation of a license shall be given, in writing, setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee, at the address given by the licensee in making application under § 294-3 herein, at least five days prior to the date set for said hearing.
Resident complaints. Any resident experiencing a solicitor or peddler who has violated the Code of Conduct may make a complaint against said solicitor or peddler to the Township Clerk, the Township Police Department or any member of the Township Council.
[Added 6-14-2016 by Ord. No. 13-2016]
Residents should obtain the individual's name, the license number, and the name of the organization for which he or she is soliciting.
Complaints may be verbal or written.
Complaints should be as detailed as possible with regard to the activities causing the resident to complain.
If the complaint is made to anyone other than the Clerk, the Township Clerk shall be notified immediately of the complaint.
The Township Clerk shall follow up with the licensee and advise of the complaint.
The Township Clerk shall keep track of all complaints for each and every licensee.
If a licensee receives more than one resident complaint within the time period for which the license was issued, he or she shall have the license suspended for one business day.
Any person aggrieved by the action of the Chief of Police or the Township Clerk in the denial of an application for a permit or license, as provided in § 294-4 of this article, or in the decision with reference to the revocation of a license, as provided in § 294-10 of this article, shall have the right of appeal to the Township Council of the Township of Mount Olive. Such appeal shall be taken by filing with the Township Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement, setting forth fully the grounds for the appeal. The Township Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 294-10 of this article for notice of hearing on revocation. The decision and order of the Township Council on such appeal shall be final and conclusive.
Any veteran or exempt fireman of a volunteer fire department holding a special license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10 shall be exempt from procuring a license or paying the fee as provided herein but shall be required to comply with all other applicable sections of this article and shall be required to register with the Township Clerk and obtain a permit, which will be issued by the Clerk upon proper identification and exhibition of such state license.
The requirements of this article shall not apply to the following:
Any public utility or its employees, where said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by their employer.
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.
The following organizations shall be exempt from the requirements of this article:
Any charitable organization, as defined by § 294-1, desiring to solicit or have solicited in its name contributions or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise within the Township for a charitable purpose. Any such charitable organization exempt from the requirements of this article by this section shall nevertheless notify the Chief of Police, prior to the commencement of its solicitation activities, of the proposed time and place for the conducting of such solicitation activities. Nothing herein, however, should be construed to alter the exempt status under this article of any such charitable organization as defined by § 294-1.
Approved raffles. This article shall not apply to the sale and distribution of raffle tickets for raffles approved by the Township Council.
Other activities. This article shall not apply to bazaars, fairs and flea markets which do not involve any selling or traveling from house to house or place to place or traveling on the streets and roads in the practice of merchandising.
[Added 6-11-2019 by Ord. No. 11-2019]
Entering on posted property prohibited. No individual who has obtained a license pursuant to this chapter shall enter onto any property displaying a sign or signs stating “no solicitors” or carrying a similar message forbidding the entry of any persons onto the property.
Collection, preparation and maintenance of a nonsolicitation list.
Collection, preparation and maintenance of a nonsolicitation list. The Office of the Township Clerk shall collect, prepare and maintain a list of addresses of those premises where the owner and/or occupant has notified the Township Clerk that soliciting and canvassing is not permitted on his/her premises. To be included on the nonsolicitation list, residents shall complete a form. With the adoption of this section, the Office of the Township Clerk shall have the form available in the office of the Township Clerk during normal business hours, Mondays through Fridays from 8:30 a.m. to 4:30 p.m., except on weekends and legal holidays.
The Township Clerk and/or the Deputy Township Clerk shall submit the nonsolicitation list to the Chief of Police on a quarterly basis. The nonsolicitation list shall be distributed to applicants seeking a license to solicit or canvass pursuant to the provisions of this chapter by the Office of the Township Clerk. The licensee shall not solicit or canvass at any address on the nonsolicitation list.
Updating of nonsolicitation list. On or about January 1, April 1, July 1 and October 1 of each year, the Office of the Township Clerk shall update the list. The updated list shall then be forwarded to the Chief of Police.
[Amended 9-25-1990 by Ord. No. 40-90; 6-11-2019 by Ord. No. 11-2019]
Any person who violates any provision of this article shall, upon conviction thereof, be punishable by a fine not exceeding $2,000 or such other penalties consistent with N.J.S.A. § 40:49-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.