[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 8-23-2016 by Ord. No. 2016-10.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 201.
[1]
Editor's Note: This ordinance also repealed former Ch. 216,
Peddling and Soliciting, adopted 5-1-2007 by Ord. No. 2007-7.
When used in this chapter, the following terms shall have the
following meanings:
Any goods, wares, merchandise, food, liquids, meats, fish,
vegetables, fruits, garden truck farm products or provisions or other
things which may be sold or purchased by persons for a value.
A list of persons residing in the Township who do not wish
to be solicited for any purpose which list shall be maintained by
the Township Administrator or his designee as authorized by this chapter.
A sign as authorized by this chapter placed or mounted in
plain view near the primary entrance or walkway to that entrance of
a residence.
A person who sells articles of value or seeks donations without
private profit, the proceeds of which are devoted exclusively to societies
or organizations which are organized for charitable, educational,
fraternal, literary or religious purposes and on whose behalf he acts
as agent, with or without pay.
Includes the words "hawker" and "huckster" and shall mean
any person traveling by foot, wagon, automobile vehicle or any other
type of conveyance, from place to place, from house to house or from
street to street, carrying, conveying or transporting articles of
value, offering and exposing same for sale or making sales and delivering
articles of value to purchasers or who, without traveling from place
to place, shall sell or offer the same for sale from a vehicle or
other conveyance, or a person who solicits orders and as a separate
transaction makes deliveries to purchasers as a part of a scheme or
design to evade the provisions of this chapter.
As used in this chapter, the term "permit" shall be interchangeable
with the word "license."
Includes any adult individuals, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, corporations or
unincorporated groups, or any officers, agents, employees, servants,
factors or any type of personal representatives thereof in any capacity
acting either for himself or for any other person under personal appointment
or pursuant to law.
Proceeding from door to door or house to house in the Township
selling, causing to be sold, offering for sale, causing to be offered
for sale, or taking orders for present or future delivery of any merchandise
or service of any description. This term shall include the going from
door to door or house to house for the purpose of obtaining donations,
orders or subscriptions or the making of canvasses or surveys or other
solicitations without limitation including opinion polls and the like.
Any person or itinerant vendor of merchandise proceeding
from door to door or house to house in the Township selling, causing
to be sold, offering for sale, causing to be offered for sale, or
taking orders for present or future delivery of any merchandise or
service of any description. This term shall include persons or vendors
going from door to door or house to house for the purpose of obtaining
alms, donations, orders or subscriptions or the making of canvasses
or surveys or other solicitations without limitation including opinion
polls and the like.
Includes the terms "itinerant merchant" and "itinerant vendor"
and shall mean any person who engages in a temporary business of selling
articles of value within the Township of Lumberton and who, in furtherance
of such purposes, hires, leases, uses or occupies any building, structure,
motor vehicle, tent, public rooms in hotels, lodging houses, apartments,
shops or any street, alley or other public place within the Township,
for the exhibition and sale of such articles of value, either privately
or at public auction.
A.
No person, except as provided in this chapter, shall canvass, solicit,
sell, or distribute merchandise or services without first having reported
to the Township Clerk and received a license and a copy of the current
Do Not Solicit List.
B.
Solicitors shall apply to the Clerk (hereafter Department) for a
license to solicit.
C.
The Department shall provide all solicitors with a copy of the current
Do Not Solicit List and, upon payment of the fee set forth herein,
provide a license to each solicitor unless rejection for good cause
based upon evaluation of the requirements herein as appropriate. Licenses
shall be valid for a period of six months from the date of issue.
A.
The Township Administrator or his designee shall maintain a list
of addresses where the owners have indicated in writing their desire
not to have any solicitors appear at their door at any time. The Administrator
shall provide a notice to residents and homeowners of the opportunity
to be placed on the Do Not Solicit List through periodic notices by
means deemed appropriate by her to provide a reasonable opportunity
for residents and homeowners to be placed on the list.
B.
The list shall contain the addresses of all properties which do not
wish to have any solicitors appear at their door at any time.
C.
The list shall be dated as of the time it is prepared and updated
not less than once every three years thereafter. Those whose names
are on the list shall be notified of the need to indicate their desire
to remain on the list. Those persons who do not indicate that they
wish to remain on the list shall be purged from the Do Not Solicit
List.
D.
The Administrator shall cause to be provided this chapter and the
current Do Not Solicit List to the Lumberton Police Department for
it to possess in the event of a complaint pursuant to this chapter.
Every resident or homeowner in the Township shall have the right
to place a sign with the words "no solicitors," "no soliciting," "no
peddling" or words of similar effect near the primary entrance to
his/her place of residence provided the same is no larger than four
inches by 10 inches in size. Such signs shall contain no internal
illumination and shall not be of fluorescent or reflective material
or color.
No person, whether or not he/she has received a license as provided
in this chapter, shall visit or call upon any residence for the purpose
of soliciting whose address appears on the Do Not Solicit List or
who has posted a no solicitors sign.
All solicitors shall carry on their person at all times: i)
the license issued by the Township; ii) a copy of the Do Not Solicit
List; iii) identification and contact information of the person or
organization conducting the solicitation; and iv) personal identification.
Each of these items that are required to be carried shall be exhibited
to the person or persons being solicited and/or a Lumberton Township
official or law enforcement officer upon request.
No person shall conduct any soliciting between the hours of
9:00 p.m. and 9:00 a.m. from Sunday night through Saturday night.
No person shall conduct any soliciting between the hours of 9:00 p.m.
the previous evening until 11:00 a.m. on any Sunday or state or federal
holiday. This section shall not apply to peddlers or solicitors who
are expressly invited by residents of the Township to come to their
home at a different time.
A.
The person soliciting shall be courteous to all persons with whom
he shall meet, shall not annoy any of the inhabitants of the Township
and shall conduct himself or herself in a lawful manner at all times.
B.
The person soliciting shall not enter or attempt to enter the house
of any resident of the Township without an express invitation from
the occupant of the house.
This chapter shall not affect 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 or persons ordering or
entitled to receive them.
A.
License required. It shall be unlawful, for any person, either directly
or indirectly, to operate or conduct a business as a transient merchant
or peddler or to use, in connection with the foregoing, any vehicle,
structure, building, premises, machine or device, in whole or in part,
unless a license therefor is first procured and kept at all times
as is required by this chapter. The agents or other representatives
of nonresidents shall be personally responsible for the compliance
with this chapter by their principals, and of the businesses they
represent. The aforementioned entities shall operate in the Township
only in accordance with the terms and provisions of this chapter and
only in the areas of the Township as permitted herein.
B.
Exceptions. The provisions of Subsection A of this section shall not apply to the following:
(1)
Any person engaged in delivering articles of value in the regular
course of business to the premises of the person ordering or entitled
to receive the same. Examples include, but are not limited to, food
delivery and overnight delivery services.
(2)
Any veteran who holds a special state license issued under the laws
of the State of New Jersey, but said individual shall be required
to comply with all applicable sections of this chapter and shall be
required to produce from the Township Clerk a special veteran's license,
which shall be issued by the Township Clerk upon proper identification
in accordance with a form of license, which is on file in the office
of the Township Clerk and approved by the Township Attorney, and available
for public inspection during regular business hours.
(3)
Persons selling articles of value at wholesale to dealers in such
articles.
(4)
Any sale required by statute or by order of court.
(5)
A non-profit-making vendor, who has applied for and received a license pursuant to § 216-13 of this chapter.
(6)
Any person licensed by the Commissioner of Banking and Insurance
or the Real Estate Commission of the State of New Jersey.
(7)
Persons selling personal property at wholesale to dealers in such
articles.
(8)
Auction houses.
(9)
Any person soliciting votes for a bona fide candidate for political
office or to support or oppose a public question on or to be placed
on an official election ballot.
(10)
Members of a volunteer fire company or first aid squad as defined
by the New Jersey Revised Statutes if that company or squad serves
Lumberton Township on a regular basis.
(11)
Persons selling products grown on their own property and selling
them from their own property.
No licensee shall transact business from his vehicle unless
it is properly parked immediately adjacent to the curb of a public
street in a permitted locality. No licensee shall at any time double-park
his vehicle while transacting business, nor transact business other
than on the curbside of his vehicle.
No licensee shall have an exclusive right to any location in
the public streets, nor shall he be permitted a stationary location
on the streets or permitted to operate in a congested area where his
operations may impede or inconvenience the free flow of pedestrian
and vehicular traffic. For the purposes of this section, the reasonable
judgment of a Township official or law enforcement officer shall be
conclusive as to whether the area is congested or traffic impeded
or inconvenienced.
A.
Nonprofit organizations desiring to engage in any of the activities
for which a license is required by this chapter shall not be required
to apply for or secure a license, to pay a license fee or to post
a bond, provided that there is filed with the Township Clerk a sworn
statement containing the following information:
(1)
The name and purpose of the organization for which the license is
sought.
(2)
Names and addresses of the officers of the organization.
(3)
Names of the agents or representatives who will solicit, sell merchandise
or distribute literature in the Township.
(4)
The federal tax exemption number of the organization.
B.
Each representative or agent of the organization shall carry proper
identification indicating the name of the organization and his own
name and address and shall be prepared to display it upon request.
C.
Nonprofit organizations shall comply with all other applicable provisions
of this chapter including adherence to the Do Not Solicit List.
D.
The special license issued to the organization in question shall
bear the name and address of the person by whom the solicitation is
to be made, the date issued, the dates within which the license holder
may solicit and a statement that the license does not constitute an
endorsement by the Township of Lumberton. All licenses must be signed
by the Township Clerk.
A.
Notwithstanding the issuance of a license, it shall be unlawful,
either directly or indirectly, for any license holder to operate or
conduct a business at the location of a special event which is to
be held on certain day(s), or to operate or conduct a business within
500 feet from the boundaries of said special event, in any direction
unless the individual pays any additional fee for the special event
and receives a valid license to participate in that event.
B.
The days during which the license privileges are so restricted shall
be days during which special events of the Township may occur, such
as public parades, concerts, festivals and occasions where the public
is generally invited. The Township Committee shall, by resolution
or motion, at least 45 days prior to the special event, or as soon
before as practical, designate the special event, informing the public
of the location of the special event and the requirement that only
permit holders may sell articles of value at said location, or within
500 feet of the boundaries of said location. A copy of the resolution
or motion shall be provided to the solicitor with the Do Not Solicit
List.
A.
Information. Every person required to procure a license, pursuant
to the provisions of this chapter, shall submit a sworn application
for such license to the Township Clerk at least 15 calendar days prior
to the date of the commencement of the sale. The application shall
be a written statement upon the form which shall be provided by the
Township Clerk and approved by the Township Attorney, and placed on
file in the office of the Township Clerk and available for public
inspection during regular business hours. At a minimum, said form
shall contain the following information: the name and purpose of the
cause for which the license is sought; names and addresses of the
officers of the organization; and the names and addresses of the agents
or representatives who shall sell goods in the Township, provided
that in the event that a non-profit-making vendor shall be the agent
or representative who shall sell goods in the Township, a statement
as to the name and address of the non-profit-making vendor, without
specifying individual members thereof, shall satisfy this requirement.
B.
Applications. All applications for licenses shall be made to the
Township Clerk upon forms provided by the Clerk and shall contain
the following information:
(1)
Name and permanent and local address of the applicant.
(2)
All activities carried on at a fixed location or that involve other
than door-to-door solicitation shall require site plan review, site
plan review waiver or an exemption letter from the Building Inspector,
the latter to be issued for temporary activities only. Exemption letters
may be granted by the Building Inspector for temporary activities
of less than seven days' duration which entail use of a completely
enclosed, preexisting fixed location if he finds no violation of the
site plan review criteria resulting from the proposed use. All other
fixed location uses shall be reviewed by the Land Use Board.
(3)
If a vehicle is to be used, its description, including the license
number.
(4)
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship
and authority to work in Lumberton Township.
(5)
The days of the week and the hours of the day during which the licensed
activity will be conducted.
(6)
A description of the nature of the business and the goods, property
or services to be sold.
(7)
A statement as to whether the applicant has ever been convicted of
any crime or the violation of any municipal ordinance other than traffic
offenses and a description of the same including the offense and date
of the offense.
(8)
If a vehicle is to be used, the drivers' license numbers of the proposed
operators, a description of the vehicle including make, model and
license plate number.
C.
Partnerships and corporations. Applications for partnerships or corporations
shall be executed by a partner or corporate member authorized by corporate
resolution to take such action and must identify an agent in the State
of New Jersey that will accept service on behalf of the entity.
A.
Investigation. After submission of the application and requisite
fee by the applicant, the Township Clerk or his designee shall review
the application to corroborate the information required by the application
form and to aid the Township Clerk in determining whether the applicant
is a qualified applicant; for example, whether the applicant is a
bona fide, non-profit-making vendor.
B.
Disapproval.
(1)
If the investigation indicates that the applicant has been convicted
of an offense involving moral turpitude, or if the application information
is false or misleading in a material respect, or if the applicant's
moral character or business responsibility or record of other offenses
is of such a nature as to present a clear and present danger to the
public good, safety and welfare, the Township Clerk may disapprove
the issuance of the license.
(2)
If the Township Clerk disapproves the issuance of the license, the
Township Clerk shall forthwith notify the applicant, in writing, of
such disapproval and the reasons therefor and furnish the applicant
with a copy of the investigation reports, by certified mail to his
permanent address, or by handing it to him personally. No license
shall issue to said applicant, provided that the applicant shall have
the right, within 10 days of the date of such notice, to file a request
for a hearing before the Township Committee to request the Committee
to reconsider the decision of the Township Clerk.
C.
Approval. Upon being satisfied that the applicant is a qualified
applicant, the Township Clerk, immediately upon receipt of the requisite
fee, shall endorse her approval on said application and shall issue
the license in the form provided for by the Township Clerk, which
is approved by the Township Attorney. All licenses shall be issued
by the Township Clerk and shall bear the seal of the Township attested
by her.
D.
Term. The license issued pursuant to this section shall be valid
for six months and may be renewed.
E.
Renewal. Applications for the renewal of licenses issued pursuant
to this chapter shall be made within 30 days of the expiration thereof
and in the manner provided herein. The renewal fee shall be $50 for
another six-month period.
A.
A duplicate license may be issued by the Township Clerk to replace
any license previously issued, provided that said license has been
lost, stolen, defaced or destroyed without any willful conduct on
the part of the licensee and provided that the licensee file on a
sworn affidavit before a notary public of the State of New Jersey
attesting to such fact and pay to the Township Clerk a fee of $5.
B.
Each representative or agent of the licensee shall carry the license
and proper identification or credentials indicating the name of the
organization and the name and addresses of the representative and
shall display same upon request.
A licensee shall have no right to transfer his license to another
person.
No rebate or refund of any license fee, or any part thereof,
shall be made for any reason.
Any license granted or issued pursuant to this chapter may be
revoked by the Township Committee after notice and hearing for any
of the following causes:
A.
Any fraud, misrepresentations or false statement contained in the
application for a license.
B.
Any fraud, misrepresentation or false statement made in connection
with the selling of the articles of value.
C.
Any violation of this chapter.
D.
Any conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude.
E.
Conducting the business licensed under this chapter, through the
applicant himself or any of his agents, servants or employees, in
any unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
A.
Notice of hearing for revocation of a license under the preceding
section shall be given in writing by the Township Clerk, setting forth
the grounds of the complaint and the time and place of the hearing.
Such notice shall be mailed, by certified and regular mail, to the
licensee at his address indicated on his license application, at least
five days prior to the date set forth for the hearing unless the five-day
notice would cause a threat to public health and welfare in which
case the Township shall take any reasonable action to notify the licensee.
B.
The Township Committee may issue another license to a person whose
license has been revoked, if, after the hearing, it is satisfied by
clear and convincing evidence that the acts which led to the revocation
will not occur again; otherwise, no person whose license has been
revoked, nor any person acting for him, directly or indirectly, shall
be issued another license to carry on the same activity for the period
of 12 months.
The Township Clerk, any law enforcement officer or any taxpayer
or resident of the Township may make a complaint in the Municipal
Court of the Township of Lumberton for any violation of this chapter.
[Amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
