[HISTORY: Adopted by the Township Committee
of the Township of Lebanon as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch. 274, Peddling and Soliciting, comprised of Art. I, Peddlers and Solicitors, adopted by Ord. No. 1-1966 (Sec. 4-1 of the 1985 Revised General Ordinances), as amended, and Art. II, Charitable Solicitation in Roadways, adopted by Ord. No. 2000-17 (Sec. 4-5 of the 1985 Revise General Ordinances).
As used in this article, the following terms shall have the
meanings indicated:
Includes all goods, wares, food, fruit, vegetables, farm
products, magazines and periodicals, and all kinds of articles of
personal property for domestic use and orders or contracts for services,
home improvements or alterations.
Any organization tax exempt under § 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 § 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 Township, including but not limited
to schools, school clubs and organizations, Cub Scouts, Boy Scouts,
Brownies, Girl Scouts and similar youth groups;
Any organization whose primary purpose is to advocate for religious
or political causes, whether or not qualified under § 501(c)(3)
of the Internal Revenue Code or subject to Title 15A of the New Jersey
Statutes; or
Any department within the Township' s municipal governmental
structure, including, but not limited to, the Police Department and
any volunteer fire or first aid company that is located in, has a
substantial membership from or serves the Township.
Any person who goes from place to place by traveling on the
streets and roads or from house to house, carrying, conveying or transporting
goods, wares or merchandise for the purpose of selling and delivering
them to customers. This definition shall not include integrated and
commercial roadside stands.
Any person who goes from place to place by traveling on the
streets and roads or from house to house, taking or attempting to
take orders for the sale of goods, wares and merchandise or personal
property of any nature whatsoever for future delivery, or for services
to be furnished or performed in the future, whether or not such person
has, carries or exposes for sale a sample of the object to be sold
and whether or not they are collecting advance payments on such sales.
A.
The purpose of this article shall be to prevent fraud, crime and
unethical and dishonest business practices. The fees charged for the
issuance of licenses shall not be considered revenue, but shall be
charged for the purpose of covering the expense of investigation and
regulating the conduct of licensees.
B.
Nothing herein shall be construed to affect the sale of fruit, vegetables,
and farm produce, such as meat, poultry, butter and eggs, from premises
owned, leased or controlled by the person selling the same. Additionally,
nothing herein shall be construed to affect the sale of goods at a
farmers' market.
Except as otherwise provided in this article, it shall be unlawful
for any solicitor or peddler to sell or dispose of, or to offer to
sell or dispose of, any goods, wares or merchandise, or to solicit
orders for the performance of any service, within the corporate limits
of the Township, without first obtaining a license in compliance with
the provisions of this article. The license shall not be transferable
from the person to whom issued to any other person. A separate license
shall be obtained by a licensed solicitor or peddler for every agent
or employee working for licensee.
The licensing requirements of this article shall not apply to
the categories of persons listed in Subsections A through E below.
Persons who fit into the categories described in Subsections F and
G below shall present satisfactory evidence thereof and proof that
they possess the proper license pursuant to N.J.S.A. 45:24-9 and 45:24-10
to the Clerk, who shall then issue a license in accordance with this
article without charging a fee.
A.
Any public utility or its employees subject to regulation by the
State Board of Public Utility Commissioners, provided that such employees
shall display identification badges or cards issued by their employer.
B.
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.
C.
Any nonprofit organization as defined in § 274-1 of this article, including charitable and religious organizations, provided that the means of identification assigned by such organization, if any, is carried by the peddler or solicitor. If no means of identification is assigned by such organization, the peddler or solicitor 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. This exception shall include members or advocates for a nonprofit organization engaging in the advocacy or noncommercial, not-for-profit causes, whether or not in connection. This exception also includes any nonprofit organization that conducts sales of personal property when the proceeds are applied to the payment of expenses and to the charitable or religious purpose for which the organization exists.
D.
Any person intending to distribute noncommercial or not-for-profit
handbills, pamphlets, leaflets, circulars, advertisements or printed
material, provided that such person carries a bona fide means of identification,
including, but not limited to, a valid driver's license or other
government-issued identification.
E.
Any person:
(1)
Campaigning for any elected public office or public question, which
is to be voted upon in the Township at a general, 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, provided that such person
carries a bona fide means of identification, including, but not limited
to, a valid driver's license or other government-issued identification.
F.
Any person honorably discharged from the military services of the
United States possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and 45:24-10.
G.
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with the law.
H.
Any person selling fruits, vegetables, and farm produce (such as
meats, poultry, butter, and eggs) from premises owned, leased, or
controlled by the person selling the same.
I.
Any person selling goods at a farmers' market.
J.
Any person selling food from a mobile retail food establishment as
defined in N.J.A.C. 8:24-1.1 et seq., including but not limited to
food trucks and ice cream trucks, as long as such person is in compliance
with N.J.A.C. 8:24-1. l et seq., and the Township Code.
Every applicant for a license under this article shall file
with the Township Clerk a sworn written application, in duplicate,
on a form to be furnished by the Clerk, which shall give the following
information:
A.
Name and description of the applicant.
B.
Permanent home address and full local address of the applicant.
C.
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
D.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
E.
The length of time for which the license is desired.
F.
If a vehicle is to be used, a description of the vehicle, and its
license plate number, and its VIN number.
G.
A driver's license or other government-issued identification
that is valid for the entire period for which the peddler and solicitor's
license is issued.
H.
The place where the goods or property to be sold or offered for sale
are manufactured or produced, where the goods or property are located
at the time such application is filed, and the proposed method of
delivery.
I.
A photograph of the applicant taken within 60 days immediately prior
to the date of application, which photograph clearly shows the head
and shoulders of the applicant and measures two inches by two inches.
J.
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.
At the time the application is filed, a fee in the amount of
$100 shall be paid to the Township Clerk by bank or cashier's
check to cover the cost of processing the application and investigating
the facts set forth therein.
When the application is properly filled out and signed by the
applicant, the original and duplicate shall be filed with the Township
Clerk. The Clerk shall refer the original to the Chief of Police,
who shall make or cause to be made such investigation of the applicant.
A.
Grounds for refusal of license.
(1)
If as a result of the investigation the applicant's request
for license is found to be unsatisfactory, the Chief of Police shall
endorse on the application their disapproval and the reasons therefor
and return the application to the Township Clerk, who shall notify
the applicant that the application is disapproved and that no license
shall be issued. Any determination by the Chief of Police that an
application is unsatisfactory shall be based on one or more of the
following findings with respect to the applicant:
(2)
In the absence of any such finding, the Chief of Police shall find
the application satisfactory. The Chief shall complete the review
of this process within ten (10) days for an applicant.
B.
If as a result the applicants are found to be satisfactory, the Chief
of Police shall endorse on the application their approval, and return
the application to the Township Clerk, who shall issue the license
to the applicant. The license shall contain the signature of the Township
Clerk and show the name, address and photograph of the licensee, the
class of license issued, the kind of goods or services to be sold,
the date of issuance, the length of time the license shall be operative
and the license number and other identifying description of any vehicle
used in the peddling or soliciting activity licensed.
C.
The Township Clerk shall issue to each licensee at the time of delivery
of the license a badge which shall show the nature of the license,
the period for which the license is issued and the number of the license
in letters and figures easily discernible from a distance of 10 feet.
During the time the licensee is engaged in peddling or soliciting,
the badge shall be worn constantly by licensee on the front of licensee
outer garment in such a way as to be visible to a person facing licensee.
Every holder of a peddler's or solicitor's license issued by the Township Clerk under the authority of this article or by the clerk of the county under the authority of N.J.S.A. 45:24-9 shall be required to carry the license with licensee while engaged within the Township in the business or activity licensed. The licensee shall produce the license at the request of any official resident of the Township with whom they wish to conduct business or activity. Every peddler or solicitor shall restrict their selling or soliciting activity within the Township to the hours between 8:00 a.m. and 9:00 p.m. Licensees and every person referred to in § 274-4A on each day of such activity shall notify the police officer on duty immediately before commencing his selling or soliciting activity. If soliciting activities will be conducted on consecutive days, notification need only be made on the first day of such activity and the licensee shall notify the police officer of the length of the soliciting period. Notification shall include a statement as to the general area of the Township in which the licensee, as well as every person referred to in § 274-4A, intends to conduct or has conducted the activity.
It shall be unlawful for a peddler or solicitor to:
A.
Attempt to peddle or distribute merchandise or printed material,
or solicit funds or canvass for information, without first having
identified themselves as a peddler, solicitor, transient merchant,
or canvasser registered with the municipality and displaying the licensed
issued therefor.
B.
Call attention to their business or to their merchandise by crying
out, blowing a horn, ringing a bell, other than the doorbell to a
building, or any other loud or unusual noise prohibited by the Township
Code.
C.
Conduct or attempt to conduct their business at any residence or
on any property on which is posted a sign expressly prohibiting the
activity.
D.
Refuse to leave a private dwelling or property after having been
once requested to do so by the owner or occupant thereof.
E.
Distribute obscene merchandise or printed material, printed material
that advocates unlawful conduct.
F.
Litter the streets, public places, or other property within the Township
with any merchandise or printed material.
A.
It shall be the duty of any police officer of the Township to enforce
the provisions of this article and to require any person seen peddling
or soliciting, who is not known by the officer to be duly licensed,
to produce their peddler's or solicitor's license.
The Township Clerk shall maintain a record of all licenses issued
under the provisions of this article and record therein all convictions
for violations and other pertinent circumstances and incidents reported
by the Chief of Police.
A.
Licenses issued under the provisions of this article may be revoked
by the Chief of Police upon notice to the licensee to the addresses
listed on licensee's application for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the business licensed.
(3)
Any violation of this article.
(4)
Conviction of any crime involving theft, dishonesty or violence or
the threat of violence.
(5)
Conducting the business licensed in an unlawful manner or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
B.
Notice of revocation shall be communicated to licensee by telephone and regular mail at the telephone number and address set forth on licensee's application. If the licensee requests a hearing pursuant to § 274-14, notice of hearing shall be given in writing setting forth the specific grounds of complaint and the time and place of hearing. Such notice shall be sent by regular and certified mail to the licensee at his last known address at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or of the Township Clerk in the denial or revocation of a license shall have the right of appeal to the Township Committee. The appeal shall be taken by filing with the Township Committee, within 14 days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Committee shall set a time and place for hearing of the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided in § 274-13. The decision of the Township Committee shall be final.
All licenses issued under the provisions of this article shall expire on December 31 of the calendar year in which they are issued. Any license may be renewed without payment of an additional registration fee upon submission by the licensee of a new application in conformity with the requirements of § 274-5 or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date. A new application or statement in lieu thereof shall be subject to the provisions and standards set forth in § 274-5.
[Added 6-19-2019 by Ord.
No. 2019-05]
No solicitor or peddler shall enter onto any property on which
is located a sign or signs stating "no solicitors," "no trespassing"
or carrying a similar message forbidding the entry of any persons
onto the property.
[Added 6-19-2019 by Ord.
No. 2019-05]
A.
Collection, preparation and maintenance of a non-solicitation 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 peddling is not
permitted on his/her premises. To be included on the non-solicitation
list, residents shall complete a form. With the adoption of this section,
the Township shall mail the form to all residential property owners
or occupants. Thereafter, the form shall be available in the Municipal
Clerk's office during normal business hours, Mondays through
Fridays, from 8:30 a.m. to 4:30 p.m., except legal holidays.
B.
The Township Clerk and/or the Deputy Township Clerk shall submit
the non-solicitation list to the Chief of Police on a quarterly basis,
which non-solicitation listing shall be distributed to applicants
seeking a license to solicit or peddle pursuant to the provisions
of this article. The licensee shall not solicit or peddle at any address
on the non-solicitation list.
C.
Updating of non-solicitation 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 for distribution to solicitors and/or canvassers.
[Adopted 4-20-2016 by Ord. No. 2016-04]
The Township of Lebanon shall permit charitable organizations
as defined in N.J.S.A. 45:17A-20 to solicit contributions in roadways,
commonly referred to as "coin drops," situated in the Township of
Lebanon in accordance with the provisions contained herein.
A.
All charitable
organizations, as defined in N.J.S.A. 45:17A-20, which desire to solicit
such contributions in roadways located in the Township shall file
an application for a permit with the Township Clerk on a form supplied
by the Township Clerk, specifying the following information:
(1)
Name
of applicant organization.
(2)
Address
of applicant organization.
(3)
Telephone
number of applicant organization.
(4)
Contact
person for applicant organization.
(5)
Specific
location(s) of proposed charitable solicitation.
(6)
Date(s)
and time of operation of proposed charitable solicitation; any potential
rain or inclement weather substitution dates must also be listed on
all applications to the municipal, county, and state government organizations.
(7)
If
the request involves a county roadway, the request shall include a
copy of the proposed authorization from the Hunterdon County Board
of Chosen Freeholders to permit the charitable solicitation.
(8)
If
the request involves a state roadway and/or highway, the request shall
include a copy of the authorization from the Commissioner of Transportation
of the State of New Jersey to permit such charitable solicitation
or a copy of the appropriate application thereto.
(9)
In
accordance with the recommendations of the Township Police Department,
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 within the Township.
(10)
A certificate of insurance issued by an insurance company duly licensed
in the State of New Jersey. The certificate of insurance must provide
general liability insurance in an amount of not less than $1,000,000.
The Township shall be listed as an additional insured on the certificate
and an endorsement to the insurance policy. This subsection shall
not apply if the soliciting group is covered by the Township's insurance
policy.
(11)
A signed, dated and notarized release and indemnification agreement,
signed by the organization sponsor or responsible party, legally binding
the organization participant, which shall release and agree to indemnify
and hold harmless the Township of Lebanon, County of Hunterdon, State
of New Jersey, its agents, servants, employees and elected and appointed
officials from any and all liability of any kind from injury or physical
harm, including death, and damage to property occurring from or alleged
to arise out of the event.
B.
This application
must be submitted a minimum of 30 days prior to the planned event
date for the fund-raiser.
A.
No permits
will be granted by the Township for more than one event, three consecutive
days maximum, per calendar month, per location for any organization.
B.
No approved
coin drop solicitation shall be permitted for longer than three consecutive
days.
C.
No permits
shall be granted by the Township for more than a maximum of two coin
drop solicitations per calendar month at a specific location. The
coin drops events shall not be scheduled on back-to-back calendar
weeks. Permits may be granted on a first-come-first-served basis.
D.
All approved
coin drop solicitations shall be conducted only during daylight hours
and shall commence no earlier than 9:00 a.m. and be concluded no later
than 6:00 p.m.
The following conditions shall be placed on all approvals for
coin drops:
A.
Solicitation
shall only be permitted at controlled intersections (i.e., those with
a stop sign or traffic signal) during daylight hours.
B.
Solicitation
may not substantially impede the flow of vehicular or pedestrian traffic.
However, traffic must be stopped for a sufficient period of time to
ensure the safety of persons soliciting in the roadway. Flagmen are
not permitted to be utilized to control or regulate traffic movement.
C.
Signs
and traffic control devices must be in accordance with the latest
edition of the Manual on Uniform Traffic Control Devices. Signs advertising
the solicitation may be placed approximately 500 feet in advance.
Signs must be temporary, break-away, and a maximum of 16 square feet.
D.
Persons
soliciting in the roadway, or within 15 feet of the roadway, must
wear properly sized, ANSI 107-2004 (or later) Class 2 or 3 high-visibility
apparel. Wearing non-ANSI approved apparel will be reason for immediate
cessation of the event.
E.
Individuals
under the age of 18 years may be present but must be at a safe distance
and location from the street. Decisions of the Township Police Department
will be final in determining such safe location.
F.
Solicitors
may not harass the motorists or public.
G.
Solicitors
shall not consume or be under the influence of alcohol or drugs.
H.
The charitable
organization will be responsible for cleaning any debris, including
any signage or advertisements associated with the roadway solicitation,
from the solicitation site within two hours of the end of solicitation.
I.
In the
event of severe weather, the charitable organization agrees to immediately
cease its roadway solicitation activities and shall not resume such
activities without first notifying the Township Police Department
and receiving permission to resume such activities from the Township
Police Department.
J.
In the
event of a motor vehicle accident or injury to a person in the vicinity
of the roadway solicitation, the charitable organization agrees to
immediately cease its roadway solicitation activities and shall not
resume such activities without first notifying the Township Police
Department and receiving permission to resume such activities from
the Township Police Department.
No applicant or organization seeking permission for a coin drop
will use any individual under the age of 18 years to perform any function
or task associated with the said charitable solicitation in any roadway.
A.
Upon filing
of a complete application and completion of the required review by
the Township Police Department, the applicant shall present the application
to the Township Committee a minimum of 30 days prior to the proposed
coin drop for its review and consideration, after which the Township
Committee shall grant or deny the applicant's request by resolution.
B.
In the
event the applicant's request is approved, the Township resolution
shall be forwarded by the applicant to the state and/or county, if
necessary. In the event that the coin drop is approved for a roadway
which does not intersect or fall within the jurisdiction of the county
or state, the resolution shall serve as the final approval for the
coin drop.
C.
The applicant
shall follow and abide by all conditions imposed in the resolution
adopted by the Township Committee.
Any charitable organization requesting authorization from the
Township for a charitable solicitation shall comply with all the terms
and conditions of N.J.S.A. 39:4-60, as same may be amended and supplemented
and all other applicable state statutes.
Any charitable organization that is granted municipal, county,
or state approval for a coin drop understands that at any point prior
to the event, during the event, or for future events, the New Jersey
Department of Transportation, a Hunterdon County official, the Lebanon
Township Police Chief or designees, or any law enforcement officer
can order the charitable organization to cease operations based upon,
but not limited to, roadway issues, public safety concerns, weather
conditions, or traffic conditions. This cease order does not transfer
any liability or exposure to expenses to the official who is delaying
or revoking the coin drop event.
Any person or group engaged in solicitation activities found
guilty of violating a provision of this article shall be liable for
a fine not to exceed $100 for each day of such violation. Tickets
may be written by Township police under N.J.S.A. 39:4-60 et seq.
