[HISTORY: Adopted by the City Council of the City of Estell
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 86-9 (Ch. IV, Sec. 4-2, of the 1974 Revised General Ordinances); amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
As used in this article, the following terms shall have the
meanings indicated:
A person in the business of selling personal property or
services who conducts his business from a fixed location but who does
not intend to continue in business within the City permanently. A
proprietor of a business which is seasonal in nature who suspends
business during the off-season shall not for that reason alone be
considered an "itinerant vendor."
Any organization tax exempt under Section 501(c)(3) of
the Internal Revenue Code;
Any organization created under or otherwise subject to the provisions
of Title 15A of the New Jersey Statutes;
Any organization, whether or not qualified under Section 501(c)(3)
of the Internal Revenue Code or subject to the provisions of Title
15A of the New Jersey Statutes, whose primary purpose is to benefit
the school-age children of the City of Estell Manor;
Any organization whose primary purpose is to advocate for religious
or political causes, whether or not qualified under Section 501(c)(3)
of the Internal Revenue Code or subject to the provisions of Title
15A of the New Jersey Statutes; or
Any Police Department and any volunteer fire or first aid company
that is located in, has a substantial membership from or serves the
City.
A person who sells or delivers tangible goods, services or
commodities from house to house, store to store, place to place or
on the streets or in any public place, whether on foot or in a vehicle,
whose sales are not made from one established spot, except where they
are made in a street or public place, and who makes delivery at the
time of his sale.
An individual, firm, partnership, corporation (either profit
or nonprofit), voluntary association, incorporated association, unincorporated
association, society, club, trust or other similar entity or a trustee,
principal or agent thereof.
A person who goes from house to house or from place to place
selling merchandise by sample or by taking orders for future delivery,
with or without accepting advance payments for the goods and regardless
of whether advance solicitation is made by mail, telephone or personal
contact. The provisions of this definition shall apply to the person
who comes in personal contact with the buyer, whether he obtains the
order, delivers the goods or accepts money in payment for them. "Solicitor"
also means any person who goes from house to house or from place to
place for the purpose of obtaining alms, contributions or subscriptions,
or who does research analyses, makes surveys or opinion polls or obtains
rating data or similar information, or who engages in any similar
work which involves a door-to-door or place-to-place activity.
A.
Notwithstanding any provisions to the contrary herein, any resident
may choose to bar all canvassing and soliciting at their residence,
which shall be communicated through the placement of a sticker or
sign on the premises at a place visible to the public, stating that
canvassing or soliciting at that premises is not permitted.
B.
Any person that canvasses or solicits a resident that has a sticker
or sign on display shall be in violation of this article.
Activities of the following described persons are deemed not to constitute the business of vending, peddling, hawking, soliciting or canvassing, provided that the person must comply with the specific requirements of this § 285-4 and the regulations of § 285-5:
A.
Any nonprofit organization as defined in § 285-2 of this article, provided that the means of identification assigned by such organization, if any, is carried by the peddler, solicitor or transient merchant. If no means of identification is assigned by such organization, the peddler, solicitor or transient merchant shall be required to carry a bona fide means of identification, including, but not limited to, a valid driver's license or other government-issued identification.
B.
Any person intending to distribute noncommercial or not-for-profit
handbills, pamphlets, leaflets, circulars, advertisements or printed
material.
C.
Any person:
(1)
Campaigning for any elected public office or public question, which
is to be voted upon in the City at a general election; special, primary
or school board election; or in a national or state election;
(2)
Distributing handbills, pamphlets, leaflets, circulars, advertisements
or printed material with respect thereto; or
(3)
Otherwise engaging in political speech.
D.
Any person engaging in advocacy of noncommercial or not-for-profit
causes, whether or not in connection with a larger organization, or
engaging in spontaneous speech, including, but not limited, to speech
between neighbors.
E.
Any person honorably discharged from the military of the United States
as defined by N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10, possessing corresponding
identification in conformity with said statute.
F.
Any person holding a solicitation license or permit issued under
any legislation of the United States government or by any state agency
pursuant to statute.
G.
Federal census takers, or those taking other polls or surveys pursuant
to federal, state or local laws.
H.
Any person engaged in delivering goods, products or wares or other
articles or things in the regular course of business to the premises
of the person ordering or entitled to receive the same.
A.
No person or vehicle shall stand or be parked for the purpose of
display or selling goods, products or services on any public or private
property within a distance of 200 feet from the nearest public, private
or parochial school in the City of Estell Manor during school hours.
"School hours" shall mean any time during which school may be in session.
B.
No person shall sell or attempt to sell in accordance with the terms
of this article before 9:00 a.m. or after 8:00 p.m. prevailing time.
The aforesaid time limitation shall not apply to persons who are expressly
invited into homes by the occupants thereof.
C.
No person shall park his vehicle for a period of time longer than
necessary.
D.
No person or vehicle shall stand or be parked in a fixed location
for the purpose of displaying or selling goods, products or services
on any public or private property where to do so is likely to cause
a crowd, impede vehicular or pedestrian traffic or produce annoying
sounds, voices or disturbances which interfere with the comfort of
residents.
E.
No person shall strew or litter or cause to be strewn or littered
the public streets and highways with refuse or waste matter of any
kind or to in anywise interfere with the comfort or convenience of
the residents or business of the occupants or owners of adjacent property.
F.
All circulars, samples or other matter shall be handed to an occupant
of the property and not left on or about the same.
G.
No person shall enter or attempt to enter the house of any resident
in the City without an express invitation from the occupant of the
house.
H.
No person shall conduct themselves in such manner as to become objectionable
to or annoy an occupant of any house.
I.
No person shall enter upon any public property, including City parks,
for the purpose of peddling or soliciting without express written
consent of the City.
[Adopted by Ord. No. 97-5 (Ch. XVII of the 1974 Revised General Ordinances)]
The City of Estell Manor shall permit charitable organizations
as defined in Section III of P.L. 1994, c. 16 (N.J.S.A. 45:17A-20),
to solicit contributions in the roadways and highways of the City
of Estell Manor in accordance with the provisions contained herein.
Contents of request. All charitable organizations herein who
wish to solicit contributions in the roadways and highways of the
City of Estell Manor shall file a request with the City Clerk specifying
the following information:
A.
The name of the organization.
B.
The address of the organization.
C.
The telephone number of the organization.
D.
The contact person of the organization.
E.
The location of the proposed charitable solicitation.
F.
The dates and times of the proposed charitable solicitation.
G.
If said request involves a county roadway and/or highway, said request
shall include a copy of authorization from the Atlantic County Board
of Chosen Freeholders to permit said charitable solicitation.
H.
If said request involves a state roadway and/or highway, said request
shall include a copy of an authorization from the State of New Jersey
Commissioner of Transportation to permit said charitable solicitation.
I.
A list of all proposed safety regulations, safety devices and training
for individuals who shall participate in the charitable solicitation
and/or a report as to the procedures to be used to ensure the safety
of the members of the public who will be traversing the roadways and/or
highways of the City of Estell Manor.
