As used in this article, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic, not-for-profit
or eleemosynary group, association or charitable purposes. "Charitable
organizations" include and are not limited to the following organizations:
fire departments, first aid squads and religious organizations.
CHARITABLE PURPOSE
Any charitable, benevolent, philanthropic, patriotic or eleemosynary
purpose.
CONTRIBUTION
The promise or grant of any money or property of any kind
or value.
MERCHANDISING
Includes all goods, wares, food, fruit, vegetables, farm
products, magazines, periodicals and all kinds of articles of personal
property for domestic use, including the distribution of product samples.
Orders or contracts for a service, home improvement or alteration
and market surveys shall be considered "merchandising" within the
terms of this article.
PEDDLER, HAWKER and VENDOR
Any person who goes from house to house or from place to
place without appointment, traveling on the streets and roads, engaged
in the practice of merchandising of any nature whatsoever. The word
"peddler" shall include the words "hawker" and "huckster."
PERSON
Includes the singular and plural and any person, firm or
corporation, association, club, partnership, society or any other
organization.
SOLICITOR or CANVASSER
Any person who goes from house to house or from place to
place without appointment, traveling on the streets and roads, engaged
in the practice of merchandising of any nature whatsoever. The words
"solicitor" and "canvasser," however, shall not include wholesale
salesmen calling on retail merchants.
It shall be unlawful for any peddler, hawker, vendor, solicitor or canvasser, as defined in §
294-1 of this article, to engage in such activity within the Township of Mount Olive or any charitable organization, as defined in §
294-1 of this article, to canvass or solicit within the Township of Mount Olive as set forth in §
294-14 hereunder, without first obtaining a license therefor as provided herein.
At least 45 days prior to the date of the period for which an
applicant seeks a license hereunder, all applicants shall file with
the Township Clerk a sworn written application, in duplicate, on a
form to be furnished by said Clerk, which shall give the following
information:
A. The name and description of the applicant, including date of birth
and driver's license number.
B. The permanent home address and full local address, if any, of the
applicant.
C. The name and address of the employer or firm representing, together
with credentials establishing the exact relationship.
D. A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
E. The length of time for which the license is desired.
F. The geographic area to be canvassed or solicited.
G. If a vehicle is to be used, a description of such vehicle and its
license number.
H. The place where the goods or property to be sold or offered for sale
are manufactured or produced, the place where such 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 the application, which photograph shall clearly show
the head and shoulders of the applicant and shall measure two inches
by two inches.
J. Two business references located in the County of Morris, State of
New Jersey, or, in lieu thereof, such other available evidence of
the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
K. 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.
Licenses shall not be transferable and must be surrendered after
expiration before a renewal license can be issued.
It shall be the duty of any police officer of the Township of
Mount Olive to enforce the provisions of this article and to require
any person seen peddling or soliciting who is not known by such officer
to be duly licensed, to produce his peddler's or solicitor's
license.
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.
[Added 6-14-2016 by Ord.
No. 13-2016]
Every individual issued a license under this article shall conduct
himself or herself according to the following code of conduct:
A. He or she shall not enter or remain upon any resident's property
upon which is posted that solicitors are not permitted, or a notice
of similar content. He or she shall not create any sound in a manner
calculated to attract the attention of any occupant of the residence
on which such notice is posted.
B. He or she shall not enter or remain upon any resident's property
without the express permission and invitation of the homeowner.
C. He or she shall not use intimidation, threats, or pressure to gain
access to any resident's property.
D. He or she shall display his or her badge and/or license in a visible manner as set forth in §
294-6 above.
E. He or she shall immediately leave the resident's property upon
request by the resident to do so.
F. He or she shall not leave, on or about the resident's property,
any circular, samples or other matter or material unless same is handed
directly to an occupant of the property.
G. He or she shall not indicate or represent that the Township endorses
or sponsors any of the views expressed by the organization for which
support or contribution is sought.
H. He or she shall not make any false claims, misrepresentations or
materially incorrect statements concerning the solicitation, organizations
represented, or the use to be made of the amount solicited.
I. He or she shall not engage in any course of alarming conduct or conduct
himself or herself in a manner so as to reasonably alarm or annoy
the occupant of the dwelling.
J. He or she shall not engage in any conduct which is prohibited by
any statute, regulation or ordinance in effect in the Township of
Mount Olive.
K. He or she shall have a complete copy of this chapter of the Township
Code in his or her possession at all times.
L. He or she shall be wearing a reflective vest and carrying a functioning
flashlight if engaging in his or her activities at dusk or later.
M. Upon expiration of the license, the licensee shall surrender same,
together with any badge or identification card issued by the Township,
to the Township Clerk forthwith.
N. Prohibited practices of licensee:
(1)
He or she shall not enter a roadway for the purpose of approaching
occupants of motor vehicles using the roadway or approach such occupants;
have any exclusive right to any location; operate or conduct any of
his or her business from a fixed location; or be permitted to operate
in any congested area where his or her operations might impede or
inconvenience the public.
(a)
For purposes of this subsection, the judgment of a police officer,
exercised in good faith, shall be deemed presumptive as to whether
the area is congested or the public is impeded or inconvenienced by
the actions of the licensee.
(b)
As used herein, a licensee shall be deemed to be operating from
a fixed location if he or she has been in the same location, or within
200 feet in any direction of the location, or remains on the same
lot for more than 30 consecutive minutes.
(2)
He or she shall not solicit any goods or services, including
but not limited to food, ice cream and soft drinks, within 1,000 feet
of any commercial establishment or machine selling vending or dispensing
the same or substantially similar goods or services.
(3)
He or she shall not solicit any goods or services, including
but not limited to food, ice cream and soft drinks, in any municipal
park or other place of recreation or cultural activity or upon any
public street or right-of-way adjacent to such municipal park or place
of recreational or cultural activity.
Any person aggrieved by the action of the Chief of Police or the Township Clerk in the denial of an application for a permit or license, as provided in §
294-4 of this article, or in the decision with reference to the revocation of a license, as provided in §
294-10 of this article, shall have the right of appeal to the Township Council of the Township of Mount Olive. Such appeal shall be taken by filing with the Township Council, within 14 days after 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 a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in §
294-10 of this article for notice of hearing on revocation. The decision and order of the Township Council on such appeal shall be final and conclusive.
[Added 6-11-2019 by Ord.
No. 11-2019]
A. Entering
on posted property prohibited. No individual who has obtained a license
pursuant to this chapter shall enter onto any property displaying
a sign or signs stating “no solicitors” or carrying a
similar message forbidding the entry of any persons onto the property.
B. Collection,
preparation and maintenance of a nonsolicitation list.
(1) Collection,
preparation and maintenance of a nonsolicitation 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 canvassing is not permitted
on his/her premises. To be included on the nonsolicitation list, residents
shall complete a form. With the adoption of this section, the Office
of the Township Clerk shall have the form available in the office
of the Township Clerk during normal business hours, Mondays through
Fridays from 8:30 a.m. to 4:30 p.m., except on weekends and legal
holidays.
(2) The
Township Clerk and/or the Deputy Township Clerk shall submit the nonsolicitation
list to the Chief of Police on a quarterly basis. The nonsolicitation
list shall be distributed to applicants seeking a license to solicit
or canvass pursuant to the provisions of this chapter by the Office
of the Township Clerk. The licensee shall not solicit or canvass at
any address on the nonsolicitation list.
(3) Updating
of nonsolicitation 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.
(4) Any individual violating the provisions of §
294-13A described above shall be punishable by a fine and/or imprisonment as prescribed in §
294-13.1.
[Amended 9-25-1990 by Ord. No. 40-90; 6-11-2019 by Ord. No. 11-2019]
Any person who violates any provision of this article shall,
upon conviction thereof, be punishable by a fine not exceeding $2,000
or such other penalties consistent with N.J.S.A. § 40:49-5.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.