[HISTORY: Adopted by the Township Council of the Township
of Denville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-14-2012 by Ord. No. 15-12 (Ch. 4, Sec. 4-7, of the 1978 Revised
General Ordinances)]
Unless otherwise provided in this article, it shall be unlawful for any person to engage in solicitation activities, as defined in § 388-2 of this article, within the Township, without first obtaining a license as provided herein.
As used in this article:
Any goods or other property capable of being the object of
a sale but shall not include items of normal value given in exchange
for a contribution to any political, religious, charitable, civic,
educational, or philanthropic organization or society or service club
or any organization recognized as tax-exempt under the United States
Internal Revenue Code.
A canvasser, hawker or peddler and shall include any person
who engages in the practice of going from place to place, house to
house, door to door, or person to person including an employee or
agent of another, traveling either by foot, truck, automobile or other
conveyance.
COMMERCIAL SOLICITATIONSelling or taking orders for commercial purposes including offering to sell or take orders for goods, merchandise, wares or other articles for future delivery or for services to be performed in the future.
NONCOMMERCIAL SOLICITATIONRequesting contributions of funds, property or anything of value or the pledge of any type of future donation or selling or offering for sale any type of property, including, but not limited to, goods, tickets, books and pamphlets for political, charitable, religious, civic, philanthropic, educational or other noncommercial purposes; conducting surveys, opinion polls and any such similar work; proselytizing; soliciting participation in or support of any group, individual, or organization; or distributing circulars or other complementary material.
[Amended 6-11-2013 by Ord. No. 11-13; 2-17-2015 by Ord. No. 2015-01]
A.
Any veteran or exempt fireman who holds a license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10 shall be exempt from the licensing requirements of this article, but shall be required to file a registration form with the Township Clerk containing the information set forth in Subsection C(1)(a)[1] through [6] below.
B.
The provisions of this article shall not apply to the following persons:
(1)
Officers or employees of the Township, county, state or federal government
when on official business;
(2)
Employees of any public utility which is subject to the regulation
of the Board of Public Utilities of the State of New Jersey; provided,
however, that such employee shall display the identification badge
or card issued by his employer, except that there shall be no exemption
for any such employees engaged in marketing or sales activities;
(3)
Any person selling fruits and farm products grown by himself with
or without the help of others.
C.
All noncommercial solicitation.
(1)
Any person engaging in any noncommercial solicitation activity as defined in § 388-2, whether or not such activity involves solicitation of funds or donations, is exempt from the licensing requirements of this article, but must register with the Township Clerk as follows:
(a)
Any such person shall, at least two business days prior to the
commencement of such noncommercial canvassing or solicitation, present
himself to the office of the Township Clerk and shall provide said
Township Clerk with the following written information:
[1]
Nature and anticipated duration of such canvassing or solicitation.
[2]
The number of persons who will be canvassing or soliciting.
[3]
Name and address of the person in charge of such canvassing
or solicitation.
[4]
Full name and address of the political, charitable, religious,
educational, civic, or philanthropic organization or service club
on behalf of which such solicitation or canvassing is to be conducted
and a letter from such organization authorizing the applicant to act
as its representative.
[5]
The names and addresses of the officers and directors of the
organization.
[6]
The names of the persons who are expected to go from door to
door or to distribute materials within the Township, including their
address, driver's license number. This requirement shall not
apply to persons under the age of 18 years.
[7]
If solicitation activities are to take place on the premises
of a business or an organization, a letter of consent from such business
or organization indicating the dates and times that the business or
organization consents to the solicitation activity taking place.
(2)
The purpose of such registration is that the identity of persons
going door-to-door or distributing materials within the Township may
be established for the protection and maintenance of the health, safety
and welfare of the inhabitants of the Township and of those going
door-to-door.
(3)
Each representative or agent of the organization, except persons
under the age of 18 years, 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 and in addition shall display
the registration number issued by the Township.
(4)
All persons and organizations subject to § 388-3C shall comply with all other applicable provisions of this article.
[Amended 6-11-2013 by Ord. No. 11-13; 2-17-2015 by Ord. No. 2015-01]
Each 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.
Full name, including middle initial, and physical description, including
height, weight, hair color and eye color, of the applicant.
B.
Permanent home address and full local address of the applicant and
proof of same (plus addresses for last three years).
C.
Full date of birth, and place of birth.
D.
Social security number.
E.
A brief statement of the nature of the business or organization conducting
the solicitation activities and a description of the merchandise or
service, if any, to be sold or distributed.
F.
If employed by or representing another, the name, business address
and telephone number of the employer, sponsor or organization being
represented together with a letter with original signatures from such
employer, sponsor or organization authorizing the applicant to act
as its representative.
G.
The length of time for which the license is desired as well as the
time during which solicitations will be conducted.
H.
If a vehicle is to be used, a description of such vehicle and its
license number.
I.
The state of issuance and number of the driver's license.
J.
The place where the goods, or property to be sold or offered for
sale are manufactured or produced, where such goods or property are
located at the time such application is filed, and the proposed method
of delivery.
K.
Two photographs 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.
L.
Two business references.
M.
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.
N.
A copy of the Business Registration Certificate issued by the Department
of the Treasury, Division of Revenue, of the State of New Jersey or
other proof of registration with the Department of the Treasury.
O.
Completion of the New Jersey Universal Fingerprint Form for Local
Ordinance (available at the New Jersey State Police Internet Web site,
www.njsp.org, or the Police Department) and follow the instructions
for obtaining a criminal history background check, which includes
making an appointment to be fingerprinted by the state contract vendor.
Applicants who fail to obtain a criminal history background check
shall not receive a license.
[Amended 6-11-2013 by Ord. No. 11-13]
A.
Application and license fees. An application fee per solicitor shall be paid to the Township Clerk to cover the cost of processing the application and investigating the facts stated therein. The application fee is set forth in Chapter 245, Rates, Fees and Charges. In addition, the license fee charged by the Township Clerk for the issuance of a license for one day, for one week, for one month or for one year hereunder shall be set forth in Chapter 245, Rates, Fees and Charges. The expiration date shall be stated on the license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Where an organization has several agents engaged in solicitation
activities, each agent shall be licensed separately and each shall
pay the appropriate fees.
When the aforesaid application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be filed
with the Township Clerk; the Clerk shall refer the duplicate to the
Chief of Police who shall make, or cause to be made, an investigation
to ascertain that the applicant has not been convicted of a crime
(and is not subject to any outstanding criminal warrants or indictments)
relating to fraud, deception, theft or assault, and that he is selling
or soliciting for a project free from fraud or other criminal purpose.
The duplicate shall be kept on file in the Police Department upon
completion of the investigation. The investigation shall include a
criminal history name search identification check pursuant to N.J.S.A.
53:1-20.5 et seq. The criminal history check shall be kept confidential.
For the purposes of this check, the Denville Township Police Department
is hereby authorized to have access to the Criminal History Record
Information file through the State Bureau of Investigation.
A.
As a result of such investigation, the Chief of Police shall note
on the application his recommendation and his reasons therefor and
return the application to the Township Clerk. Such recommendation
shall be returned to the Township Clerk within 10 days of the Police
Department's receipt of the duplicate application. Any recommendation
by the Chief of Police that a license should not be issued to the
applicant shall be based on one or more of the following findings
with respect to the applicant:
(1)
Conviction of a crime adverse to solicitation activities pursuant
to N.J.S.A. 2A:168A-1. In determining whether a conviction relates
adversely to solicitation activities, the following factors shall
be considered:
(a)
Nature of solicitation activities;
(b)
Nature and seriousness of the crime;
(c)
Circumstances under which the crime occurred;
(d)
Date of the crime;
(e)
Age of the person when the crime was committed;
(f)
Whether the crime was an isolated or repeated incident;
(g)
Social conditions which may have contributed to the crime;
(h)
Any evidence of rehabilitation.
(2)
Record of breaches of solicited contracts;
(3)
Unethical business practices adverse to solicitation activities;
(4)
Conclusive evidence that the applicant has within four months of
the application been addicted to the habitual use of drugs or intoxicating
liquors pursuant to N.J.S.A. 2A:168A-4.
B.
In the absence of any such findings, the Chief of Police shall recommend
that the license be granted.
[Amended 2-17-2015 by Ord. No. 2015-01]
A.
The Township Clerk shall issue to each licensee at the time of delivery
of his license a badge which shall, during the time such licensee
is engaged in solicitation activities, be worn constantly by the licensee
on the front of his outer garment in such a way as to be visible to
a person facing him. If the badge becomes damaged or obscured the
solicitor shall return it to the Township Clerk and receive another
badge.
B.
The badge shall have a photograph of the solicitor affixed to it
and shall be used only by the person to whom it was issued and may
not be transferred to any other person. The badge shall be surrendered
to the Township Clerk at the time the license expires.
C.
Every holder of a solicitor's license issued by the Township
Clerk, or by the Morris County Clerk under the authority of N.J.S.A.
45:24-9 and N.J.S.A. 45:24-10, shall be required to carry his or her
license while engaged in the business or activity licensed, within
the corporate limits of the Township. He or she shall produce such
license at the request of any official of the Township or of any resident
of the Township with whom he or she wishes to conduct his or her business
or activity.
A.
Any person engaging in any commercial or noncommercial solicitation or canvassing activities is required to review the No Solicitation List, if created and maintained by the Township Clerk pursuant to § 388-13 and available at the Township Clerk's office during normal business hours.
B.
Every solicitor shall restrict his solicitation activity within the
Township to the hours between 9:00 a.m. and 9:00 p.m., prevailing
time, unless specifically having been invited to a dwelling by an
occupant thereof or having previously made an appointment with an
occupant.
C.
No solicitor or canvasser shall call attention to his business, or
to his merchandise by crying out, blowing a horn, or by any other
loud or unusual noise.
D.
No solicitor or canvasser shall approach any residence or property listed on any No Solicitation List which may be maintained by the Township Clerk pursuant to § 388-13 and available for inspection during normal business hours.
E.
No solicitor shall conduct, or attempt to conduct, his business at
any resident or on property on which is posted a sign indicating that
solicitors are not welcome or not invited.
F.
No licenses shall allow any other person to use the license issued
hereunder and the use of such license by any person other than the
licensee shall constitute grounds for revocation of the license.
G.
No solicitor shall refuse to leave any private dwelling or property
after having been once requested to do so by the owner or occupant
thereof.
H.
No solicitor shall engage in solicitation activities regulated under
this article on public property without first producing special authorization
from the Township Council.
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.[1]
[1]
Editor's Note: Former Section 4-7.10, Expiration and
renewal of license, which previously followed this section, was repealed
6-11-2013 by Ord. No. 11-13.
Licenses and registration numbers issued under the provisions
of this article may be revoked by the Township Council, after notice
and hearing, for any of the following causes:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation, or false statement by the licensee in the
course of conducting solicitation activities.
C.
Any violation of this article.
D.
Conviction of any crime adverse to soliciting, peddling, canvassing
or hawking pursuant to N.J.S.A. 2A:168A-1.
E.
Conducting the solicitation activities contrary to the conditions
of the license or registration or in such a manner as to create a
public nuisance or constitute a danger to the health, safety or general
welfare of the public and of those going door-to-door.
A.
Notice of the hearing for revocation of a license or registration
number shall be given, in writing, by the Township Clerk. Such notice
shall set forth the specific grounds of complaint and the time and
place of hearing and shall be sent by registered mail to the licensee
or registrant at his last known address at least five days prior to
the date set for the hearing or shall be delivered by the agent of
the Township in the same manner as a summons at least three days prior
to the date set for the hearing.
B.
In the event the Chief of Police shall determine that there has been a violation of § 388-8 or any other part of this article, then and in that case he shall immediately notify the Township Council of the violation and shall order the licensee or registrant to suspend further operation until a hearing is held in accordance with the provisions of this article. Upon revocation, the license or registration number and all badges shall be surrendered to the Township Clerk.
Any person aggrieved by the action of the Township Clerk in the denial of a license, as provided in § 388-6, shall have the right of appeal to the Township Council. Such appeal shall be taken by filing with the Township Council, within 14 days after the 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 hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 388-11 for notice of hearing on revocation. The decision of the Township Council on such appeal shall be final and conclusive.
A.
The Township Clerk may prepare a list of addresses of those premises
where the owner and/or occupant has notified the Clerk that canvassing
or soliciting is not permitted on the premises. The list, if created,
shall specify whether the owner and/or occupant prohibits all solicitation
or only commercial solicitation. Notification shall be by completion
of a form available at the Township Clerk's office during normal
business hours. The list, if created, shall be updated on January
1, April 1, July 1 and October 1 of each year and posted on the Township's
website.
It shall be the duty of any police officer of the Township to enforce the provisions of this article and require any person seen engaging in solicitation activities who is not known by such officer to be duly licensed or registered, to produce his solicitor's license or registration number. Any violation of any provision of this article shall be a punishable offense as well as cause for revocation of any sales license or registration pursuant to §§ 388-10 and 388-11.
