The purpose of this chapter is to balance the First Amendment
free speech protections afforded to door-to-door peddling, solicitation
and canvassing with the Borough's public safety concerns and the privacy
interests of Borough residents.
PEDDLER
Any person who goes from place to place by traveling on the
streets and roads or from house to house carrying, conveying or transporting
goods, wares, merchandise or personal property of any nature whatsoever
for the purpose of selling them to customers. The word "peddler" shall
include the words "hawker," "huckster" and "vendor."
PERSON
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal or agent thereof.
SOLICITOR or CANVASSER
A.
Any person who goes from place to place by traveling on the
streets and roads or from house to house taking or attempting 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, including orders for improvements
to real property, whether or not such person has, carries or exposes
for sale a sample of the object to be sold and whether or not he is
collecting advance payments on such sales.
B.
The word "solicitor" shall include the word "canvasser."
C.
A solicitor or canvasser also is deemed to be one who is not
in the business of selling goods, but one who makes surveys for research
purposes, analysis, opinion polls, rating data and any such similar
work, which, by nature, involves a door-to-door or place-to-place
activity, and shall include persons going from door to door or place
to place or being in or on any public or quasipublic areas of the
Borough for the purpose of seeking contributions, donations or alms
for any person or organization.
VEHICLE
Includes wagons, carts, trailers, motor trucks, motor vehicles,
service dispensers or other type of conveyance.
It shall be unlawful for any peddler, solicitor or canvasser,
as defined in this chapter, to engage in such activity within the
Borough of Chatham without first obtaining a license as provided herein.
All applicants shall pay the license fee required by §
199-6, if applicable, and file with the Police Department a sworn written application, in duplicate, on forms to be furnished by the Police Department which shall give the following information:
A. Name and address of the applicant. If applicant is an individual
employed by another, the name, address and phone number of applicant's
employer; if applicant's employer is a corporation, the name and address
of its registered agent shall also be provided. The application shall
be accompanied by a letter or other written statement from the individual,
firm or corporation employing the applicant certifying that the applicant
is authorized to act as a representative of the individual, firm,
or corporation.
B. Name and description of each proposed peddler, solicitor, or canvasser,
including date of birth, sex, and physical description, including
height, weight, hair color and eye color.
C. A brief statement of the nature of the business and a description
of the merchandise or service to be sold or distributed, if applicable.
D. If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
E. The length of time for which the license is required, not to exceed
120 days.
F. If a vehicle is to be used, a description of such vehicle, including
the make, model, year and license plate number and a photocopy of
a valid registration for each such vehicle. Also provide a photocopy
of a valid driver's license for each proposed driver.
G. The days of the week and the hours of the day during which the licensed
activity will be conducted.
H. Two recent color passport-quality photographs of each proposed mobile
vendor or solicitor, each photograph to be two inches by two inches
in size.
I. Each applicant shall agree to be fingerprinted for the purpose of
verifying that he/she has no criminal record. The fingerprint impressions
will be taken by an approved fingerprint vendor.
An applicant shall pay the nonrefundable application fee in
an amount to be established by duly adopted resolution of the Borough
Council.
[Amended 5-8-2023 by Ord. No. 23-02]
All activities regulated by this chapter shall be permitted between the hours of 9:00 a.m. and 7:00 p.m. only between April 1 and September 30. From October 1 through March 31 of the following year, all activities regulated by this chapter shall be permitted between the hours of 9:00 a.m. and 5:00 p.m. only, except for activities authorized by §
199-4A and
B, which may continue until 6:00 p.m. The foregoing time limitations apply irrespective of whether a peddler, solicitor or canvasser possesses a license that may be required by this chapter.
The licensee shall notify the Police Department prior to commencing
any peddling, solicitation or canvassing. Such notification shall
include a statement of the general area of the Borough in which the
licensee intends to conduct said activity and a schedule of dates
and times when said activity shall be conducted. The licensee shall
notify the Police Department of any change in the area or time of
peddling, solicitation or canvassing activity.
No license shall be transferable. In the case of a firm or corporation,
each person representing such firm or corporation shall be issued
a separate license.
Any person aggrieved by the action of the Chief of Police, or his/her designee, in the denial of an application for license in accordance with this chapter, or in the decision with reference to the revocation of a license as provided in §
199-11 of this chapter, shall have the right of appeal to the Borough Administrator or his/her designee. Such appeal shall be taken by filing with the Borough Clerk, within 10 days of the action complained of, a written statement setting forth fully the grounds for the appeal. The Borough Administrator, or his/her designee, may decide the matter on the papers or schedule a time and place for a hearing on such appeal. Notice of any such hearing shall be served upon the licensee or mailed, postage prepaid, to the licensee at the address given by the licensee in making application for license in accordance with this chapter, at least five days prior to the date set for said hearing. The decision and order of the Borough Administrator, or his/her designee, on such appeal shall be final and conclusive.
Except as otherwise provided herein, any falsification of information contained in the application or any failure to comply with any provisions of this chapter shall, upon conviction be punishable as provided in Chapter
1, §
1-14. The continuation of such violation for each successive day shall constitute a separate offense and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.