[Adopted 5-18-76 as Ord. No. 34-76]
[Amended 7-6-2017 by Ord.
No. 43-2017]
As used in this Article, the following terms shall have the
meanings indicated:
Includes itinerant vendors of merchandise who shall go from
door to door in the City of Orange soliciting sales, offering for
sale or taking orders for present or future delivery of merchandise
of any description whatsoever. "Canvasser" or "solicitor" also includes
a person offering to purchase any real property or any interest in
real property either on his own behalf or as an agent or broker on
behalf of any third party. "Canvasser" or "solicitor" shall also be
deemed to include one who is not in the business of selling goods,
but one who makes surveys for research purposes, analyses, opinion
polls, rating data and any such similar work for which by its nature
involves a door-to-door or place-to-place activity, and shall include
persons going from door to door or place to place for the purpose
of contributions, donations or alms from any person or organization.
[Amended 7-6-2017 by Ord.
No. 43-2017]
Includes magazines, periodicals, books and orders or contracts
for a home improvement or alteration service.
[Amended 7-6-2017 by Ord.
No. 43-2017]
The purpose of this Article is to prevent fraud, crime, unethical
and dishonest business practices and is for the general protection
of the health and welfare of the residents of the City of Orange.
No person, except as provided hereto, shall canvass, solicit,
distribute circulars or other matter or call from door to door or
place to place in the City of Orange without first obtaining a license
from the City Clerk.
A.
Each applicant shall, at the time of applying, file with the City
Clerk an application in writing which shall give the following information:
(1)
Name, age and physical description of the applicant.
(2)
Complete permanent home and local address of the applicant.
(3)
Name and address of the organization or person for whom solicitation
is being made.
(4)
Description of the nature of the business and the goods, services
or wares to be sold, and sufficient information to determine whether
or not the business to be transacted is interstate or intrastate commerce.
(5)
Two (2) photographs of the applicant, which shall be approximately
two and one-half by two and one-half (2 1/2 x 2 1/2) inches
in size, showing the head and shoulders of the applicant in a clear
and distinguishing manner.
(6)
The days, dates and route of his business in the City of Orange (which
shall be between the hours of 9:00 a.m. and 5:00 p.m.).
(7)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or disorderly conduct offense; where and
when so convicted; nature of the offense and penalty, if any.
(8)
Make, model, year, color and license plate number of automobiles
used by the applicant during the period of solicitation within the
city, and the driver's license number.
B.
Separate registration for each solicitor. A separate registration
must be made for every solicitor, agent or employee soliciting within
the city limits.
A.
B.
All license applications shall be forwarded to the Chief of Police,
who shall investigate all the facts set forth in said application.
C.
Upon approval of said application by the Director of the Department
of Public Safety, the application shall be forwarded to the Director
of the Finance Department for approval.
D.
Upon approval of said application by the Director of the Finance
Department, said license shall be issued.
E.
The license shall have affixed thereto one (1) photograph of the
applicant signed by the Chief of Police so that part of his signature
covers part of the photograph.
Each applicant shall carry the license at all times when in
the City of Orange and shall exhibit the same to any person or persons
or police officer upon request.
In the event that an application for canvassing or soliciting
is disapproved by the Chief of Police for reasons of reported unethical
business practices or a previous conviction of crime, the applicant
may appeal said denial to the City Council of the City of Orange,
who shall set forth the time and place of hearing, which hearing shall
be held within ten (10) days after the filing of the appeal by the
applicant, at which hearing the applicant will be given an opportunity
to present his reasons why said license should be issued. The decision
of the City Council is final.
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 the occupant
of the property or left in a secure place on the premises.
B.
No person subject to the provisions of this Article shall canvass,
solicit or distribute circulars or other matter except during the
hours of 9:00 a.m. through 5:00 p.m., Monday through Saturday.
C.
No person subject to the terms of this Article shall enter or attempt
to enter the house or apartment of any resident in the City of Orange
without an express invitation from the occupant of the house or apartment.
D.
No person subject to the terms of this Article shall conduct himself
in such a manner as to become objectionable or annoy any person while
soliciting within the city limits.
E.
No person subject to this Article shall make any solicitation within
the limits of the City of Orange without first properly obtaining
a license therefor.
[Amended 7-6-2017 by Ord.
No. 43-2017]
A.
Any person, organization, society or association of a charitable,
religious, patriotic, philanthropic or community nature desiring to
solicit or have solicited in its name money, property or financial
assistance for which no merchandise, wares or services are required
shall be exempt from obtaining a license, provided that there is filed
with the Chief of Police an application in writing giving the following
information:
B.
Each solicitor or canvasser for such organization, society or association
shall carry proper identification and shall display the same upon
request.
C.
Persons delivering goods, wares or merchandise in the regular course
of business to the premises of a person ordering or entitled to receive
same shall also be exempt and do not have to provide information to
the Chief of Police.
[Added 7-6-2017 by Ord.
No. 43-2017]
A.
For the purpose of protecting residents from criminal activities
and safeguarding their privacy, there is hereby established a No-Knock
Registry of properties where canvassing and soliciting are prohibited.
The No-Knock Registry shall be maintained by the City Clerk.
B.
The City Clerk shall prepare a list of addresses of those premises
whose owners or occupants have notified the Clerk that canvassing
or soliciting are not permitted on their premises. Notification shall
be by the completion of a form, available online and at the City Clerk's
office during normal business hours. The premises shall remain on
the Registry unless the owners or occupants notify the City Clerk
in writing that they wish the property to be removed from the Registry.
The City Clerk shall update the list monthly. The inclusion of a premises
on the Registry shall be deemed a revocation of any privilege or license
to enter or attempt to enter the property.
C.
Owners or occupants who have requested to be listed on the City of Orange's No-Knock Registry pursuant to Subsection A herein, may procure from the Clerk's office a notice for display on the premises indicating the enlistment on the City of Orange's No-Knock Registry. The notice shall indicate which solicitors may contact residents and shall read substantially as follows:
"These premises are listed on the City of Orange's 'No-Knock Registry' (Orange City Code § 152-21.1). You may not enter or attempt to enter these premises for the purpose of canvassing or soliciting, which includes offering to purchase real estate on behalf of any person or organization. Charitable, political, religious organizations are exempt from this law. Violation of Orange City Code § 152-21.1, may result in a fine of up to $2,000 and/or up to 90 days of community service."
D.
The first notice shall be provided free of charge and may be picked
up in person during regular business hours. If a replacement notice
is required, the individual may pick up the replacement notice at
the Clerk's office for a fee of five dollars ($5.), which shall
be payable to the City Clerk. A fee of an additional one dollar ($1.)
per notice will be applied for any individual who desires to have
a notice mailed to him or her, payable to the City Clerk. Pursuant
to N.J.S.A. 2C:18-3, "any owner or occupant who has listed his or
her premises on this registry shall be deemed to have revoked any
express or implied legal privilege or license to enter or attempt
to enter the premises."
E.
The City Clerk shall distribute the current City of Orange's
No-Knock Registry to a licensed canvasser or solicitor at the time
of issuance of a license.
F.
Although the most current list of registrants on the City of Orange's
No-Knock Registry shall be provided by the City Clerk, it is the responsibility
of the canvasser or solicitor to have the most up-to-date list prior
to engaging in any canvassing or soliciting.
G.
Any person convicted of violating this section upon competent evidence
by an owner, occupant or other person with personal knowledge of such
violation shall be subject to the following:
(1)
First offense: a minimum fine of $100 with a maximum of up to
$1,250;
(2)
Subsequent offense: a minimum fine of $100 with a maximum of
up to $2,000 for each offense, together with community service for
a period of up to 90 days; and
(3)
Any offense: in addition to the above, a permanent revocation
of any license issued under the within chapter.
H.
The City shall post a No-Knock Registry application on the City webpage
and distribute to other media outlets as designated by the City. The
City shall provide copies of the application to the public and undertake
reasonable efforts in education and distribution, in order to further
public awareness of the No-Knock Registry.
I.
This section does not preclude an owner or occupant from filing any
other appropriate complaint with the Prosecutor, including a complaint
for trespass.
[Amended 7-6-2017 by Ord.
No. 43-2017]
Except for violations of § 152-21.1, any person violating the terms of this Article, whether as an individual, principal or agent or employer of another, shall, upon conviction in the Municipal Court of the City of Orange, be subjected to a fine not to exceed five hundred dollars ($500.) or to imprisonment for a term not to exceed ninety (90) days, or both, in the discretion of the Municipal Court.
