[HISTORY: Adopted by the Township Committee
of the Township of Harrison as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-7-1991 by Ord. No. 17-1991]
As used in this article, the following terms
shall have the meanings indicated:
Any person, who goes from house to house, or from place to
place offering or exposing food, merchandise, or services for present
or future sale, or who engages in any of the foregoing activities
from a location on the street or other public place. Included in the
definition are persons who go from house to house or place to place
collecting information or financial contributions or distributing
literature for potential profit, and for any other commercial purposes,
other than charitable or protected free speech.
[Amended 5-20-2019 by Ord. No. 16-2019]
Anything or any service sold or offered for present or future
sale by a vendor, including but not limited to merchandise, goods,
food, seasonal items, home repair services, flowers or greens.
The purpose of this article is to promote orderly
business practices, protect public safety and health, prevent unfair
business practices, promote the quiet enjoyment of public and private
lands and prevent dishonest business practices by the regulation of
conduct and the imposition of license fees.
A.
It shall be unlawful for any vendor to do business
within the Township without first obtaining a license from the Township.
B.
Except as provided in § 155-15, any person claiming an exemption from the license required by this article under state or federal law will not be allowed to do business in this Township unless at least 10 working days before beginning business activity:
(1)
They submit sufficient proof of their eligibility
for exemption.
(2)
They complete the application process as otherwise
required by this article in order that they may be identified and
regulated as allowed by law.
(3)
They appear of good character as evidenced by a lack
of prior criminal convictions.
[Amended 5-20-2019 by Ord. No. 16-2019]
[Amended 7-13-2017 by Ord. No. 20-2017; 10-1-2018 by Ord. No. 32-2018]
Any person desiring a license pursuant to this article shall
file with the Township Clerk an application. The application shall
be completed in triplicate and filed with the Clerk at least 30 days
prior to the first day of the proposed activity. The applicant shall
supply the following with the application:
A.
A statement as to whether or not the applicant has been charged with
or convicted of any crime, or disorderly persons offense or violation
of any municipal ordinance other than a traffic violation, and the
nature, dates and places of such offenses and the punishment or penalty
assessed therefor.
B.
An original letter addressed to the Township Clerk from the firm
for which the applicant purports to work, authorizing the applicant
to act as its representative.
C.
A statement of whether the applicant has been refused or had revoked
a similar license at any time.
D.
A current driver's license.
E.
A New Jersey sales tax certificate.
F.
Federal taxpayer identification number.
G.
A recent photograph taken at least three months prior to application
of themselves to be kept with the Clerk.
[Amended 5-20-2019 by Ord. No. 16-2019]
H.
Fingerprints obtained no more than 60 days from the date of the application
by a vendor licensed or utilized by the State of New Jersey, such
as IdentoGo by MorphoTrust.
I.
Proof of general liability insurance coverage for door-to-door sales
worker including minimum liability limit in the sum of $1,000,000
for a single claim.
[Amended 7-5-2022 by Ord. No. 25-2022]
J.
An instrument in writing nominating and appointing the Clerk his
true and lawful agent with full power and authority to acknowledge
service of notice of process for and on behalf of the applicant in
respect to any matters connected with or arising out of license. It
shall also contain recitals to the effect that the applicant consents
and agrees that service of any notice of process may be made upon
such agent when so made shall be as valid as if personally served
upon the applicant according to the laws of this or any state, and
waiving all claim or right of error by reason of such acknowledgment
of service or manner of service.
K.
Dates and times of proposed solicitation activity.
[Amended 10-1-2018 by Ord. No. 32-2018]
A.
The completed application shall be referred to the Chief of Police within three business days of receipt by the Township Clerk of all information and documentation referenced in § 155-4.
B.
The Chief of Police, or his designee, shall endorse on such application
his approval or disapproval with his reasons for the same and return
the application to the Township Clerk within three business days,
who shall notify the applicant.
C.
The Township Clerk, upon the payment of the prescribed license fee,
shall execute and deliver to the applicant his license after approval
by the Township Committee.
[Amended 10-1-2018 by Ord. No. 32-2018; 7-27-2020 by Ord. No. 18-2020]
Each initial application and reapplication shall be accompanied
by payment of $50 to cover the administrative cost of the application.
[Amended 7-18-1994 by Ord. No. 12-1994; 6-3-2002 by Ord. No. 16-2002; 7-3-2017 by Ord. No. 20-2017; 10-1-2018 by Ord. No. 32-2018]
A.
Each license issued shall only authorize the one person named in
such license to engage in business. Such licenses shall not be transferable
from the person to whom issued to any other person.
B.
Each license shall state its effective date(s) and the date(s) upon
which the vendor shall be permitted to conduct business.
C.
All licenses shall be specifically limited to activities and operations
of the person holding the same to the hours between 9:00 a.m. and
9:00 p.m.
Every person holding a license under this article
shall be required to carry and conspicuously display their license.
Any person or organization subject to this article
shall complete a new application for a license after 12 months has
passed since the last application.
A.
Licenses issued under this article may be temporarily
suspended on verbal notice by the Township Clerk or any law enforcement
officer and permanently revoked by the Township Committee or Municipal
Court Judge after reasonable notice and hearing, for any of the following
causes:
[Amended 5-20-2019 by Ord. No. 16-2019]
(1)
Misrepresentation or false statement contained in
the application for the license.
(2)
Misrepresentation or false statement made in the course
of carrying on activities regulated herein.
(3)
Conviction of any crime involving moral turpitude.
(4)
Conducting business in violation of any provision
of this article.
B.
Notice of hearing for revocation of a license shall
be given in writing, setting forth the grounds of complaint and the
time and place of hearing. Such notice shall be served upon the licensee
or mailed, postage prepaid, to the licensee at addresses given by
the licensee in making application herein, at least five days prior
to the date set for hearing.
Any person aggrieved by the action of the Chief
of Police or the Township Clerk in the denial of an application for
a license shall have the right of appeal to the Township Committee.
Such appeal shall be taken by filing with the Township Clerk, within
14 days after notice of the action complained of, a written statement
setting forth fully the grounds for the appeal, and notice of such
hearing shall be given to the appellant in the same manner as provided
herein for notice of hearing on revocation. The decision and order
of the Township Committee on such appeal shall be final and conclusive.
A.
Except as otherwise provided by specific exception
in this article, persons subject to this article, including persons
claiming an exemption from the requirement of the municipal licensing
shall not:
(1)
Station, place, set up or maintain wares adjacent
to any sidewalk if to do so would place him closer than 200 feet to
another vendor who is selling adjacent to the sidewalk.
(2)
Solicit, conduct business with or sell to persons
in motor vehicles.
(3)
Station, place, set up or maintain his wares or equipment
in such a way as would restrict, obstruct, interfere with or impede
the pedestrian's right-of-way; restrict, obstruct, interfere with
the use of enjoyment from the abutting property; create or become
a nuisance; increase traffic congestion, cause or increase traffic
delay or hazards; cause or create or constitute a danger to life,
health, or property; sell food, drinks, ice cream or confections of
any kind for immediate consumption unless he has available for public
use his own litter receptacle which must be attached to his cart or
vehicle which shall be clearly marked and maintained for his patronage
use, nor shall any peddler leave any location without first picking
up, removing and disposing of any trash or refuse remaining from sales
made by him.
(4)
Leave his wares unattended at any time or store, place
or lease the same overnight on any sidewalk or public way of the Township.
(5)
Station, place, set up or maintain his wares closer
than 50 feet from the curbline or end of pavement of intersecting
streets.
(6)
Place his wares in such way as would reduce the unobstructed
pedestrian right-of-way on a sidewalk to less than six feet.
(7)
Engage in business within 20 feet of any location
where the curb has been depressed to facilitate pedestrian or vehicle
movement.
(8)
Engage in business on any sidewalk or along any street
within 100 feet of any fire hydrant, crosswalk or bus stop; or within
25 feet of any driveway.
(9)
Place his wares in front of the display windows or
signs of fixed-location businesses, nor shall they be within 20 feet
from the entrance door to a fixed-location business.
(10)
Operate in such a manner as to restrict the
continued maintenance of a clear passageway for vehicles or pedestrians.
(11)
Engage in business within 200 feet of the grounds
of any school between 1/2 hour prior to the start of the school day
and 1/2 hour after dismissal at the end of the school day.
(12)
Engage in business within 200 feet of the grounds
of any church, synagogue or other house of worship while same is in
session.
(13)
Use or operate any loudspeaker, public address
system, sound amplifier, horn, bell, radio, record player, tape player,
CD player, musical instrument or any similar device used to attract
attention, entertain the public or entertain himself.
(14)
Sell from any one site or area for a period
of more than four hours, including time for setup and breakdown of
a vending unit. After four hours the vending unit or vendor must move
to a new location at least 300 feet away from where he was doing business
or cease doing business. No vendor may return to the same location
in any calendar day. No vendor shall place any object, sign, or person
nor take any action designed to reserve a location for their use.
Any such object may be removed and kept as evidence of a violation
by any person, who shall promptly surrender it to the police.
(15)
Place his wares other than on one vending unit,
whether it be a cart, single table no larger than 96 inches long by
48 inches wide by 72 inches high or display unit similar to a table
which shall occupy a space no larger than 32 square feet. The Township
Clerk may grant an exception to size limits with the advice and consent
of the Chief of Police in the case of the sale of certain holiday
items sold for limited times during the year.
(16)
Engage in business within 300 feet of any fixed
place of business selling substantially similar merchandise; a food
vendor shall not operate within 300 feet of a restaurant.
B.
A vending unit is a selling or display unit, with
or without wheels, intended to serve as a transportable structure
for facilitating the display, sale and transportation of merchandise.
All equipment installed in any part of the vending unit or articles
carried by the unit shall be secured in order to prevent movement
during transit and prevent detachment in the event of a collision
or overturn.
C.
In the event that food should be sold by any vendor
a certificate of health compliance issued by the Gloucester County
Department of Health shall be conspicuously displayed on the vending
unit. Selling food shall be prohibited in the Township of Harrison
without such a certificate of health compliance. Furthermore, any
vendor selling food shall provide proof of an insurance policy issued
by an insurance company licensed to do business in the State of New
Jersey protecting the vendor and the Township from all claims or damages
to property and bodily injury, including death, which may arise from
operations under or in connection with the vending. Such insurance
shall name as an additional insured the Township of Harrison and shall
provide that the policy shall not terminate or be canceled prior to
the expiration date without 30 days written notice to the Township.
The amounts of the insurance to be maintained are: personal injury,
$100,000 per person; $300,000 per occurrence; property damage, $25,000.
Every person to whom a license is issued under
the terms of this article shall be governed by the following rules
and regulations:
A.
All circulars, samples or other matter shall be handed
to an occupant of the property or left in a secure place located on
the premises.
B.
No person shall enter or attempt to enter the dwelling
of any resident without an express invitation from the occupant of
the dwelling.
C.
No person shall conduct himself in such a manner as
to become objectionable to or annoy any occupant of any house. Signs
posted by property owners stating "no soliciting" shall be obeyed.
D.
No licensee or any person in his behalf shall shout,
cry out, blow a horn, ring a bell or use any soundmaking or amplifying
device upon any of the streets, parks or other public places of the
Township or upon private premises where sound of sufficient volume
is emitted or produced therefrom to be capable of being plainly heard
upon the streets, avenues, parks or other public places for the purpose
of attracting attention to any goods, wares, merchandise or services
which the licensee proposes to sell.
A.
Vendor organizations soliciting house-to-house, place-to-place
(commonly known as "door-to-door").
[Amended 6-21-2010 by Ord. No. 13-2010]
(1)
Any nonprofit religious, charitable, educational,
civic or veterans organization, volunteer first-aid organization or
fire company desiring via door-to-door to solicit or have solicited
in its name money, donations of money or property or financial assistance
of any kind, or desiring to sell or distribute any item of literature
or merchandise for which a fee is charged or solicited at any place
or places within the Township for charitable, religious, patriotic
or philanthropic purpose, shall be permitted to conduct business in
the Township without a license upon the filing of a sworn application
in writing with the Township Clerk, which shall give the following
information:
(a)
Name and address of organization.
(b)
Nature and location of planned activity.
(c)
Period during which solicitation or sale is to be carried on.
(d)
Name, address, and social security number of each person who
will conduct solicitations.
(e)
A copy of government-issued photo identification for each person,
who is not a Township resident, and who will conduct solicitations
or sales door-to-door.
(2)
Such organization, association, society or corporation
shall furnish all its members, agents or representatives conducting
solicitation or sales with credentials in writing stating the name
of organization, name of the agent and the duration and purpose of
solicitation. All persons or organizations qualifying for a license
exemption under this section shall comply with all other provisions
of this article.
B.
Vendor organizations situate at stationary locations within Harrison Township's Main Street District (§ 225-20).
[Added 6-21-2010 by Ord. No. 13-2010[1]]
(1)
Any
nonprofit religious, charitable, educational, civic or veterans organization,
volunteer first-aid organization or fire company desiring via stationary
location to solicit or have solicited in its name money, donations
of money or property or financial assistance of any kind, or desiring
to sell or distribute any item of literature or merchandise for which
a fee is charged or solicited at any place or places within the Township
for charitable, religious, patriotic or philanthropic purpose, shall
be permitted to conduct business in the Township without a license
upon the filing of a sworn application in writing with the Township
Clerk, which shall give the following information:
(a)
Name and address of organization.
(b)
Nature and location (address) of planned activity.
(c)
Period during which solicitation or sale is to be carried on.
(d)
Name, address, description of automobile (year, make, model
and license plate number) and Tax I.D. number of each vendor who will
conduct solicitations.
[1]
Editor's Note: This ordinance also redesignated former Subsection
B as Subsection C.
C.
Special exemption.
(1)
The Township Committee, by resolution, may exempt
from compliance with any part or parts of this article any person
or organization. Any person or organization seeking an exemption must
make a written request to the Township Clerk of at least 30 days before
the start of the activity for which the exemption is sought. The Township
Committee may place conditions or restrictions on the granting of
an exemption.
(2)
Criteria for exemption. The following are criteria
to be applied when considering whether an exemption will be granted:
(a)
The charitable nature of the organization.
(b)
The number of participants who are Township
residents, eliminating or minimizing the need for identifying information.
(c)
The reputation of the individual or organization
in the community.
(d)
The financial or human resource burden of compliance
with any provision of this article when weighed against the benefit
to the Township and/or its residents.
(e)
Whether the activity will result in or lead
to a benefit to the Township residents such as lower taxes, increased
public services, betterment of the community or other public benefit.
[Added 12-3-2018 by Ord.
No. 39-2018[1]]
A.
There is hereby established a No Knock Registry to be maintained
and updated monthly by the Township Clerk, including a list of addresses
of premises within the Township where the owner or occupant has notified
the Township that canvassing, soliciting, peddling, vending and door-to-door
sales are not permitted on the premises.
B.
Registrants seeking to be placed on the No Knock Registry may annually
register in person[2] or by electronic means to be established by the Township,
upon payment of an annual processing fee of $5. The annual processing
fee for a senior citizen or veteran is $1. Upon registration, the
registrant will be issued a sticker to display at their premises indicating
their enrollment on the No Knock Registry, which the registrant shall
prominently post for the year registered. The annual registration
expires on December 31 of each year.
[Amended 6-1-2020 by Ord. No. 16-2020]
[2]
Editor's Note: The application for inclusion on the No Knock
Registry, which was attached at the end of this ordinance, is on file
in the Township offices.
C.
A printed or electronic copy of the No Knock Registry shall be provided
to each licensee under this article by the Township Clerk during normal
business hours. It shall be the obligation of the licensee to obtain
a current, up-to-date copy of the No Knock Registry in effect at the
time of canvassing and soliciting.
D.
Any licensee disregarding or violating the No Knock Registry shall be banned from receiving a license for one calendar year from the date of violation, and subject to applicable penalties set forth in § 155-17.1 of the Township Code. The existence or nonexistence of a "No Knock" sticker on the premises shall not be a defense to the requirements of this article.
[Amended 10-2-1995 by Ord. No. 25-1995]
A.
Sales of household goods by yard sale or similar event
are prohibited except insofar as the seller shall comply with this
section.
B.
A maximum of two single-day or two weekend (Saturday
and Sunday) yard sales or similar event may be held in any calendar
year at any household in the Township. For the purpose of this subsection
any apartment with separate cooking and toilet facilities shall qualify
as a "household."
[Amended 12-6-2004 by Ord. No. 40-2004]
Any person, firm or corporation violating this
article shall, upon conviction thereof, be subject to a fine not exceeding
$1,250, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days.
[Adopted 3-2-1998 by Ord. No. 6-1998]
[Amended 7-3-2017 by Ord.
No. 20-2017; 5-21-2018 by Ord. No. 16-2018]
The Township of Harrison may permit local Harrison Township-based
charitable organizations as defined in Section III of P.L. 1994, c.
16 (N.J.S.A. 45:17A-20), to solicit contributions in the roadways
and highways of the Township of Harrison in accordance with the provisions
contained herein. Solicitation of contributions in the roadways and
highways shall be subject to the following restrictions:
A.
Each organization is permitted to solicit no more than two days per
year and four hours per day.
B.
Solicitation shall only be conducted during the hours of 8:00 a.m.
to 12:00 p.m.
C.
Only one organization is permitted to solicit on an approved date
and location.
D.
No solicitation shall be permitted on any state highway.
E.
No solicitation shall be permitted on Sunday.
[Amended 7-3-2017 by Ord.
No. 20-2017]
All charitable organizations herein which wish to solicit contributions
in the roadways and highways of the Township of Harrison shall file
a request with the Township Clerk and the Harrison Township Police
Department Chief of Police, specifying and providing the following
information:
A.
Name of organization.
B.
Address of organization.
C.
Telephone number of organization.
D.
Contact person of organization.
E.
Name, address, telephone number, driver's license number and date
of birth of each person who will be soliciting and/or accepting contributions.
F.
Location of proposed charitable solicitation.
G.
Dates and times of proposed charitable solicitation.
H.
If said request involves a county roadway and/or highway, a copy
of an authorization from the Gloucester County Board of Chosen Freeholders
to permit said charitable solicitation.
I.
List of all proposed safety regulations, safety devices and training
for individuals who shall participate in the charitable solicitation
and/or a report as to the procedures to be used to ensure the safety
of the members of the public who will be traversing the roadways and/or
highways of the Township of Harrison.
J.
Certificate of insurance designating the Township of Harrison as
"additional insured" and as a "certificate holder" on the organization's
policy which provides a minimum combined single limit of liability
coverage per occurrence of not less than $1,000,000.
K.
Hold-harmless and indemnification agreement.
Said request shall be reviewed by the Director
of Public Safety of the Township of Harrison, and said Director shall
make a recommendation to the Mayor and Committee of the Township of
Harrison as to the relative aspects of the request, including a review
of the location dates and times of the request, and a review of the
safety procedures and/or methods to be employed by said charitable
organization. Said Director of Public Safety shall thereafter forward
a report to the Mayor and Township Committee of the Township of Harrison,
as to his/her opinion on the granting, rejecting or modification of
any proposed charitable solicitation.
In no event shall any charitable organization
requesting authorization from the Township of Harrison for said charitable
solicitation use any individual under the age of 18 years to perform
any function or task associated with the said charitable solicitation
in any roadway.
Any charitable organization requesting authorization
from the Township of Harrison for said charitable solicitation shall
comply with all of the terms and conditions of N.J.S.A. 39:4-60, as
amended by P.L. 1997, c. 82, approved April 30, 1997.
This article is adopted pursuant to N.J.S.A.
39:4-60, as amended by P.L. 1997, c. 82, approved April 30, 1997.
This article shall take effect upon final passage
and publication and in accordance with all applicable laws and upon
the effective date of N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter
82, as approved April 30, 1997.
