[HISTORY: Adopted by the Township Committee of the Township
of Knowlton by Ord. No. 87-12 (Sec.
4-3 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 134.
As used in this chapter, the following terms shall have the
following meanings:
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed material, farm products, services,
home improvements or alterations and anything that may be sold or
distributed by peddlers or solicitors, as defined herein.
Includes any person, whether a resident of the Township or
not, traveling on foot or by bicycle, automotive vehicle or any vehicle
or any other type of conveyance, from place to place, from house to
house or from street to street and carrying, conveying or transporting
goods, wares, merchandise, meats, fish, vegetables, fruits, food,
ice cream, fruit ices, soda water, garden farm products or provisions,
offering and exposing the same for sale; or making sales and delivering
articles to purchasers. The word "peddler" shall include the words
"hawker," "huckster" and "vendor."
Any individual, firm, partnership, association, group of
persons and corporation.
Includes every separate living unit occupied for residential
purposes which one or more persons maintain within any type of building
or structure.
Any person, whether a resident of the Township or not, traveling
either on foot or by bicycle, automobile, motor truck or any other
type of conveyance, from place to place, from house to house or from
street to street, taking or attempting to solicit money or 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 the individual
has, carries or exposes for sale a sample of the item being offered
for sale, with or without accepting an advance payment for the goods.
The word "solicitor" or "canvasser" shall also include any person
who may be taking a poll or survey from house to house or on the street
or distributing advertisements or handbills.
It shall be unlawful for any person to engage in the activity
of a solicitor, canvasser or peddler calling at residences without
the previous consent of the occupant for the purpose of soliciting
orders, sales, subscriptions or business of any kind or seeking information
or donations without first having obtained a license therefor.
Application for a license as a solicitor, canvasser or peddler
shall be made to the Township Clerk of the Township of Knowlton at
the office of the Township Clerk during regular business hours. The
applicant shall file a sworn, written application upon a form provided
by the Township, in duplicate, which shall contain or be accompanied
by the following data:
A.
The name of the applicant and the address of his present place of
residence; length of residence at such address; business address if
other than present address.
B.
The address of the place of residence during the past three years
if other than the present address.
C.
The age of the applicant.
D.
A physical description of the applicant.
E.
The name and address of the person, firm or corporation by whom the
applicant is employed or whom the applicant represents; the length
of time at such employment or representation; if a corporation, the
name and address of the registered agent.
F.
The name and address of the employer during the past three years
if other than the present employer.
G.
A description sufficient for identification of the subject matter
of the soliciting, canvassing or peddling in which the applicant shall
engage.
H.
The actual dates when the soliciting, canvassing or peddling shall
take place.
I.
If goods are to be sold or orders taken therefor, the name and address
where such goods are manufactured or produced and the proposed method
of delivery.
J.
If a vehicle is to be used, a description, including the license
number.
K.
A passport-size photograph of the applicant taken within 60 days.
L.
Two sets of fingerprinting of the applicant.
M.
The date of the latest previous application for license under this
chapter, if any.
N.
Whether a license issued to the applicant under this chapter has
ever been revoked.
O.
A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or violation of any municipal ordinance
of this state or any other state or federal law of the United States
and, if so, the nature of the offense and the punishment or penalty
assessed therefor.
The Clerk of the Township of Knowlton shall cause each application
to be kept as part of the official Clerk's records, together
with all other information pertaining thereto and all licenses issued
under the provisions of this chapter and of the denial of applications.
Applications for licenses shall be numbered in consecutive order as
filed, and every license issued shall be identified with a duplicate
number of the application upon which it was used.
No license shall be issued to a person who has been convicted
of the commission of a crime under the laws of this state or any other
state or federal law of the United States within five years prior
to the date of the application, nor to any person who has been convicted
of a violation of any of the provisions of this chapter nor to any
person whose license issued hereunder has previously been revoked
as herein provided.
In the event of a denial by the Clerk of the Township of Knowlton
of an application for a license, such person shall have the right
to appear to the Township Committee, provided that written notice
of appeal setting forth the request for an appeal hearing and the
basis of the appeal be made in writing and filed with the Township
Clerk or Mayor of the Township within 10 days after the denial of
the application.
Upon completion of the application and unless such applicant
is denied a license pursuant to the provisions of this chapter, the
Township Clerk shall issue the applicant a license for a period not
exceeding three days after the date of issuance thereof upon payment
by the applicant of the sum of $25. Each such license shall state
expressly thereon the dates on which solicitation, canvassing or peddling
shall take place and the expiration date of the license, the expiration
date of the license being the last date on issuance, whichever is
the shorter period of time.
Any license issued hereunder shall be revoked by the Mayor if
the holder of the license has been convicted of a violation of any
of the provisions of this chapter or has made a false material statement
in the application or otherwise becomes disqualified for the issuance
of a license under the terms of this chapter. Immediately upon such
revocation, written notice thereof shall be given by the Mayor to
the holder of the license in person or by certified mail, return receipt
requested, to his or her resident address, as set forth in the application.
Immediately upon the giving of such notice, the license shall be null
and void.
No person, whether licensed by this chapter or not, shall go
upon any premises in the Township of Knowlton and ring the doorbell
upon or near any door of a residence located thereon or rap or knock
upon any door or create any sound in any other manner as to attract
the attention of the occupant or occupants of such residence for the
purpose of securing an audience with any occupant thereof and engage
in soliciting, canvassing or peddling as herein defined prior to 9:00
a.m. or after 7:00 p.m. on any day of the week or at any time on a
Saturday, Sunday or on a state or national holiday.
Every person licensed as a solicitor, canvasser or peddler pursuant
to this chapter shall, upon the demand of any official of the Township
or any police officer or any occupant of any residence being canvassed,
solicited or peddled by that person, immediately exhibit the license
issued by this Township and give the inquirer an opportunity to examine
the same. The issuance of any such license to canvass, solicit or
peddle pursuant to this chapter shall not, however, in any way be
construed to require any person to answer the questions of any canvasser,
deal with a solicitor or peddler or admit into his residence any of
said persons. Any solicitor, canvasser or peddler who has gained entrance
to any residence in the Township of Knowlton, whether invited or not,
shall immediately and peacefully depart from the premises when requested
to do so by the occupant.
If any resident posts at or near the gate or entranceway of
his residence a notice stating "no solicitors" or "no canvassers"
or "no peddlers" or any similar wording, then the solicitor, canvasser
or peddler shall peacefully depart without ringing the doorbell, rapping,
knocking or creating any sound or doing anything in the manner to
attract the attention of any occupant of such residence.
The provisions of this chapter shall not apply to the following
persons:
A.
Officers or employees of the Township, county, state or federal government
when on official business.
B.
Any veteran and/or volunteer fireman who holds a license issued pursuant
to N.J.S.A. 45:24-9 et seq.
C.
A bona fide charitable, educational or cultural organization organized
not-for-profit and being able to establish that it is such a type
of nonprofit organization.
D.
Any person distributing literature or handbills on behalf of a candidate
for public office.
E.
Persons delivering milk, eggs, bread, ice cream, newspapers or such
other necessary and perishable articles of food or merchandise of
the type commonly delivered on a house-to-house basis at intervals
of less than one week.
A.
Any person, organization or corporation that has reason to believe that it is exempt from the provisions of this chapter under § 138-12 has the right to apply to the Knowlton Township Clerk for a certificate of exemption, which will be granted by the Clerk if he or she is satisfied that the person, organization or corporation is exempt under § 138-12. This provision is not to be construed as requiring a certificate of exemption in all cases, since it is a discretionary application to clarify the exempt status for the benefit of the applicant.
B.
In the event that the Township Clerk has a question as to whether
a particular application is exempt, the Township Clerk shall refer
the applicant to the Township Committee for decision on whether or
not it is exempt. If the Township Committee finds that the applicant
is exempt, it shall authorize the Township Clerk to issue a certificate
of exemption.
Any person violating any provision of this chapter shall, upon
conviction thereof, be subject to a fine of not to exceed $1,000 or
a sentence of 90 days in the county jail, or both, at the discretion
of the Judge hearing the case. Each violation of this chapter shall
be a separate offense.
The Constable or Constables of the Township or the Zoning Officer,
or their designees, shall be the enforcing authority for this chapter.
Nothing herein shall prohibit the New Jersey State Police from enforcing
this chapter.
[Added 7-10-2017 by Ord. No. 17-04]
The Township of Knowlton 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 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 Warren 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)
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.
(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 Knowlton, County of Warren, 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 fundraiser.
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 drop events shall not be scheduled on back to back calendar
weeks. Permits may be granted on a first come, first serve 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
N.J. State Police 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 N.J. State
Police and receiving permission to resume such activities from the
N.J. State Police.
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 N.J.
State Police and receiving permission to resume such activities from
the N.J. State Police.
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 Clerk, the applicant shall present the application
to the Township Committee 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 Town 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 Department
of Transportation, Warren County Official, Knowlton Township Municipal
Official, 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 engaged in solicitation activities found guilty of
violating a provision of this section shall be liable for a fine not
to exceed $100 for each day of such violation. Tickets may be written
by N.J. State Police under N.J.S.A. 39:4-60 et seq.
