[Adopted 4-12-1994 (Ch. 92 of the 1978 Code)]
It shall be unlawful for any peddler, hawker,
vendor, seasonal sales vendor, canvasser or solicitor, as hereinafter
defined, to engage in such activity within the Township of Mantua
without first obtaining a license required by and in accordance with
the provisions of this article.
When used in this article, the following terms
shall have the following meanings:
PEDDLER, HAWKER and VENDOR
Includes any person, whether a resident of the Township of
Mantua or not, traveling either by foot, vehicle or any other type
of conveyance, who goes from house to house, from place to place or
from street to street, conveying or transporting goods, wares or merchandise
and offering or exposing the same for sale or making sales and delivering
articles to purchasers.
PERSON
Includes any partnerships, partner, corporation or corporations or persons, except as defined in §
296-12 hereinafter.
SOLICITOR or CANVASSER
Includes any person, whether a resident of the Township of
Mantua or not, who goes from house to house, from place to place or
from street to street, soliciting or taking or attempting to take
orders for the sale of services to be performed in the future, whether
or not such individual has, carries or exposes for sale a sample of
the subject for such order and whether or not he is collecting advance
payments on such orders.
SEASONAL SALES VENDOR
A person who sells goods and/or merchandise for a specified,
limited purpose and period of time at a fixed location owned by and/or
leased by the applicant.
NONPROFIT ORGANIZATION
Any nonprofit religious, charitable, educational, civic or
veterans organization, society, association, service club or volunteer
first aid organization or fire company which is located within and
services the Township of Mantua and sells goods, merchandise and/or
services at a specific location either owned by the nonprofit organization
or at a location not owned by the nonprofit organization having the
written consent of the owners of the property to conduct seasonal
sales activities within the Township of Mantua.
MERCHANDISE (PEDDLER, HAWKER, VENDOR, SOLICITOR or CANVASSER)
Includes all goods, wares, foods, fruits, vegetables, farm
products, books, magazines, periodicals, arts, crafts and all kinds
of articles of personal property for domestic use.
MERCHANDISE (SEASONAL SALES)
Only includes Christmas trees, Christmas wreaths, Christmas
grave blankets, Christmas arts and crafts, Easter flowers, Easter
baskets, Mother's Day flowers, Mother's Day baskets, Valentine's Day
flowers and other articles of arts and crafts related to the seasonal
sales activity.
SEASONAL SALES TIME PERIOD
A specific time period to sell goods and/or merchandise as
follows:
A.
Christmas: a time period not to exceed 30 days,
including Christmas Day and the 29 days immediately preceding Christmas
Day.
B.
Easter: a time period not to exceed five days,
including Easter and the four days immediately preceding Easter.
C.
Mother's Day: a time period not to exceed five
days, including Mother's Day and the four days immediately preceding
Mother's Day.
D.
Valentine's Day: a time period not to exceed
five days, including Valentine's Day and the four days immediately
preceding Valentine's Day.
[Added 12-2-2019 by Ord. No. O-17-2019]
A. Establishment. The Township Clerk shall prepare a list of addresses
of those premises where the owner and/or occupant has notified the
Clerk that peddling, hawking, soliciting, canvassing, itinerant vending
and door-to-door sales enterprising as set forth in this chapter are
not permitted on the premises (hereinafter referred to as the "Do
Not Knock Registry"). Notification shall be by completion of a form
available at the Township Clerk's office during normal business
hours. The list shall be updated on July 1 of each year.
B. Do Not Knock Registry display. Any owner and/or occupant who has
requested enlistment on the Do Not Knock Registry, pursuant to this
chapter herein, shall be able to register in the Clerk's office
to obtain a sticker for display at his/her/its premises indicating
enlistment on the Do Not Knock Registry.
C. Distribution to licensees. The Township Clerk shall distribute the
current Do Not Knock Registry to a licensee under this chapter at
the time of issuance of a license to peddle, solicit, hawk, canvass,
itinerant vend or otherwise door-to-door sell pursuant to the provisions
of this chapter. The licensee shall not peddle, solicit, canvass,
itinerant vend, hawk or conduct door-to-door sales at any premises
identified on the then-current Do Not Knock Registry.
D. Violations and penalties. Any canvasser, peddler, solicitor, itinerant
vender or owner or employee of a door-to-door sales enterprise who
violates any provision of this section shall be:
(1)
Subject to such penalties and fines as set forth in §
296-13;
(2)
Subject to a one-year revocation of any license issued pursuant
to this chapter; and
(3)
Ineligible to receive a new license, pursuant to this chapter,
for a period of one year, commencing with the term of the one-year
revocation noted in this chapter.
A separate license must be obtained by each
person acting as a peddler, hawker, vendor, solicitor or canvasser.
Licenses issued must be worn by each such person in such a manner
as to be readily visible to the public when engaged in the activities
regulated herein.
No peddler, hawker, canvasser, solicitor or
vendor shall sell or offer for sale to the general public any goods
or merchandise, beverages or food products from a fixed location within
50 feet from or on public or quasi-public streets and sidewalks within
the Township of Mantua. In addition, the sale of merchandise by peddler,
hawker, canvasser, solicitor or vendor from a fixed or stationary
location is prohibited with the exception of seasonal sales vendors
licensed under this article.
Any person aggrieved by the action of the Director of Public Safety, Chief of Police or the Township Clerk in the denial of an application for a permit or license as provided in this article or in the decision with reference to the revocation of a license as provided in §
296-9 of this article shall have the right of appeal to the Township Committee of the Township of Mantua. Such appeal shall be taken by filing with the Township Committee, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement fully setting forth the grounds for the appeal. The Township Committee shall set a time and place for hearing such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in §
296-9C of this article for notice of hearing on revocation. The decision and order of the Township Committee on such appeal shall be final and conclusive.
[Adopted 11-25-1997; amended in its entirety 3-13-2007 by Ord. No.
O-04-2007 (Ch. 66 of the 1978 Code)]
As used in this article, the following terms
shall the meanings indicated:
CHARITABLE ORGANIZATION
Pursuant to N.J.S.A. 45:17A-20, charitable organization is
to be defined as any person determined by the Federal Internal Revenue
Service to be a tax-exempt organization pursuant to Section 501(c)(3)
of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3);
or any person who is or holds himself out to be established for any
benevolent, philanthropic, humane, social, welfare, public health
or other eleemosynary purpose or for the benefit of law enforcement
personnel, firefighters or other persons who protect the public safety
or any person who in any manner employs a charitable appeal as the
basis of any solicitation or any appeal which has a tendency to suggest
there is a charitable purpose to any such solicitation.
COUNTY HIGHWAY
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the County of Gloucester.
HIGHWAY
A public right-of-way, whether open or improved or not, including
all existing factors of improvements.
INTERSECTION
The area embraced within the prolongation of the lateral
curblines or, if none, the lateral boundary lines of two or more highways
which join one another at an angle, whether or not one such highway
crosses another.
RIGHT-OF-WAY
Highway property and property rights, including easements,
owned, controlled or otherwise under the jurisdiction of the New Jersey
Department of Transportation, County of Gloucester, or Township of
Mantua.
ROADWAY
That portion of a highway improved, designed, or ordinarily
used for vehicular traffic, inclusive of the berm or shoulder.
STATE HIGHWAY
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the New Jersey Department of
Transportation.
TOWNSHIP HIGHWAY
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the Township of Mantua.
No solicitation of contributions by a charitable
organization, including coin drops or coin tosses, shall be permitted
in the roadway or right-of-way of any state highway, county highway
or Township highway, or any intersection thereof, located within the
corporate boundaries of the Township of Mantua.
Any person, entity or corporation who or which
violates any provision of this article shall, upon conviction thereof,
be punished by one or more of the following: imprisonment in the county
jail or any place provided by the municipality for the detention of
prisoners for a term up to but not exceeding 90 days or by a fine
of not less than $50 and not more than $2,000 or by a period of community
service up to but not exceeding 90 days, or any combination of the
above.