[HISTORY: Adopted by the Mayor and Borough Council as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-2018 by Ord. No. 12-2018[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 135, Peddling and Soliciting, adopted 3-29-1915.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Every person who has applied for a permit to peddle, solicit and canvass in the Borough.
CANVASSER
Any person who goes from door to door, or from place to place, by traveling on the streets and roads, or stands within the streets and roads or public rights-of-way, for the purpose of obtaining the views of any person upon any economic or social question or project or for the purpose of distributing literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers or other written material for the purposes of information and/or advertising.
COMMERCIAL PURPOSES
For the purpose of selling goods, services or wares or advertising goods, services or wares with an intent of profit-making. However, no peddling, canvassing, or soliciting by nonprofit or charitable organizations shall be considered a "commercial purpose."
MERCHANDISE
Any and all goods or wares which are ordinarily the objects of trade and commerce. "Merchandise" shall also mean and refer to orders or contracts for a service, home improvement or alteration.
NONCOMMERCIAL PURPOSES
Those purposes which are not commercial.
PEDDLER
Any person who goes from door to door, or from place to place, by traveling on the streets and roads, or stands within the streets and roads or public rights-of-way, in an effort to take orders for present or future delivery of merchandise, as defined hereinafter.
SOLICITOR
Any person who goes from door to door, or from place to place, by traveling on the streets and roads, or stands within the streets and roads or public rights-of-way, to plead or ask for contributions or donations, monetary or otherwise, for any person, group, association or corporation.
A. 
Any person desiring to peddle, solicit, or canvas for a commercial purpose within the Borough must apply for and receive, prior to such activity taking place, a commercial peddling, soliciting, and canvassing permit from the Borough Clerk.
B. 
A separate application shall be required for each entity or person peddling, soliciting or canvassing. In addition, each applicant shall pay a nonrefundable administrative fee of $110, plus a refundable fee of $35 per lanyard issued upon return of the lanyard in satisfactory condition. Every application shall contain the following information:
[Amended 4-1-2019 by Ord. No. 2019-01]
(1) 
Name, age, physical description and social security number of applicant.
(2) 
Complete permanent home and local address, if any, of the applicant.
(3) 
A statement as to whether or not the applicant, or any person hereunder selected by the applicant to solicit, canvass or peddle, has been convicted of any public offense and, if so, the nature of the offense and the penalty imposed, if any.
(4) 
Two recent photographs of the applicant which shall be approximately 2 1/2 inches by 2 1/2 inches in size showing the head and shoulders of the applicant.
(5) 
The name, address and telephone number of at least three business or character references of the applicant.
(6) 
The name and address of the person, group, organization or corporation for whom the applicant intends to solicit, canvass or peddle, or the supplier of the goods to be solicited, canvassed or peddled. If the applicant purports to be an employee of a company on behalf of whom they will be peddling, soliciting, or canvassing, the applicant must provide proof of employment.
(7) 
The make, model, year, color and license plate number of each automobile to be used by the applicant.
(8) 
A statement as to whether the applicant has been denied a soliciting, canvassing or peddling permit within the previous year and the reasons therefor, if any.
(9) 
The approximate number of dates during which the applicant intends on peddling, soliciting and canvassing and the anticipated daily hours during which such permitted activities will take place.
(10) 
Proof that the applicant carries and maintains in force insurance covering its operations written by an insurance company licensed to do business in the State of New Jersey. Such insurance must provide comprehensive general liability insurance of $500,000 (combined single limit each occurrence).
C. 
Issuance or denial of a permit application.
(1) 
The Borough Clerk may deny any application for a commercial peddling, soliciting, and canvassing permit based on one or more of the following findings:
(a) 
The applicant has been convicted of an indictable offense within the past five years.
(b) 
The applicant has purposefully misrepresented material information on the requisite application.
(c) 
The past business endeavors of the applicant, or the company who employs or contracts with the applicant, have been found fraudulent by a competent authority or the applicant has been found to misuse or misappropriate funds in prior business dealings.
(d) 
The applicant lacks proof of required insurance.
(2) 
If an applicant's application is deemed satisfactory, the Borough Clerk's office shall issue a permit upon which the Borough Clerk shall affix:
(a) 
One photograph of the applicant;
(b) 
The Borough Clerk's signature to the permit such that a portion of the signature shall overlap a portion of the photograph;
(c) 
The date upon which the permit shall take effect, as well as the date upon which it shall expire.
(3) 
Along with the issuance of all permits, the Borough Clerk shall also issue, and require a signed form acknowledging receipt of, a copy of the Borough's Do-Not-Knock and Do-Not Drop-Off List.
D. 
In the event an application is denied by the Borough Clerk, the applicant shall have the right to appeal within 10 days to the Mayor and Borough Council which shall set a time and place for a hearing to be held to review the Borough Clerk's findings; provided, however, that the hearing shall be held within 28 days of such an appeal and it shall be held at a reasonable time and place. The applicant shall be given an opportunity to present why the application should be approved and a commercial peddling, soliciting, and canvassing permit should be issued.
E. 
All permits issued under the provisions of this article shall expire on December 31 of the calendar year in which the permit is issued. A permit cannot be renewed except by making a new application to the Borough Clerk pursuant to § 135-2 of the Revised General Ordinances of the Borough of Rocky Hill.
F. 
Each permit holder shall prominently display the permit whenever soliciting, canvassing or peddling in the Borough so that same is observable to any person addressed by the permit holder.
G. 
Any commercial peddling, soliciting, and canvassing permit may be revoked by the Borough Clerk for any of the following reasons:
(1) 
Fraud, misrepresentation or any incorrect statement made in the course of carrying on any of the activities regulated by Chapter 135 of the Revised General Ordinances of the Borough of Rocky Hill.
(2) 
The occurrence of any of the events detailed in § 135-2C of the Revised General Ordinances of the Borough of Rocky Hill which would have precluded the initial issuance of the permit.
(3) 
Any permit holder whose permit has been revoked shall have the right to appeal the decision in accordance with the provisions of § 135-2D of the Revised General Ordinances of the Borough of Rocky Hill.
H. 
Permit holders shall comply with the regulations for soliciting, peddling and canvassing at § 135-5 of the Revised General Ordinances of the Borough of Rocky Hill.
A. 
Any person desiring to solicit, canvas or peddle for a noncommercial purpose are exempt from the permitting requirements of § 135-2 of the Revised General Ordinances of the Borough of Rocky Hill. However, such persons must register with the Borough prior to any such activities taking place. Said registration shall contain the following information:
(1) 
The date of registration.
(2) 
Name, age, physical description, and local address of each person who will solicit, canvass or peddle on behalf of the person or organization.
(3) 
Name, address and telephone number of the organization, if any, on whose behalf the activity shall be undertaken.
(4) 
The estimated dates and daily hours during which the peddling, soliciting or canvassing will take place.
B. 
Upon being satisfied that the applicant has successfully registered, the Borough Clerk shall issue a receipt of same, which shall expire on December 31 of the year it was issued. The Borough Clerk shall also issue applicant a copy of the Borough's Do-Not-Knock and Do-Not-Drop-Off List.
C. 
All such peddlers, solicitors and canvassers shall keep proof of their registration on their persons at all times during their peddling, soliciting, or canvassing which, for the purposes of § 135-3 of the Revised General Ordinances of the Borough of Rocky Hill, shall be the receipt of registration from the Borough Clerk.
D. 
An organization for whom a person intends to peddle, solicit, or canvass for a noncommercial purpose may register on said person's behalf.
E. 
All noncommercial peddlers, solicitors and canvassers shall comply with the regulations regarding peddling, soliciting and canvassing of § 135-5 of the Revised General Ordinances of the Borough of Rocky Hill.
A. 
While subject to the regulations set forth at § 135-5 of the Revised General Ordinances of the Borough of Rocky Hill, the following persons are exempt from the permitting and registration requirements of Chapter 135:
(1) 
Any person honorably discharged from the military services of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and -10.
(2) 
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and -10, possessing a license in conformity with said law.
(3) 
Any public utility or its employees, which public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by their employer. Third-party suppliers of electrical services are not exempt under this provision.
(4) 
Any person engaged in the delivery of goods, wares or merchandise or other articles or things, in the regular course of business, to the premises of persons who had previously ordered same or were entitled to receive same by reason of a prior agreement.
(5) 
Any person soliciting snow shoveling services within 24 hours of a snowstorm.
A. 
No person shall peddle, solicit or canvass either before 9:00 a.m. or after 9:00 p.m. on any given day.
B. 
No canvasser, solicitor or peddler shall enter upon premises whereupon a sign is posted which indicates that the permit holder or such permit holder's activities are not welcome. Such a sign may, but is not required to, state: "No Peddlers, Solicitors, and Canvassers Invited."
C. 
No canvasser, solicitor or peddler shall walk upon front yards or back yards to move from property to property or building to building unless invited to do so by the occupant of the property.
D. 
No canvasser, solicitor or peddler shall attempt to enter the house or apartment of any resident of the Borough without an express invitation from an occupant thereof.
E. 
All literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers or other written material being canvassed or peddled shall be handed to an occupant of the property or left in a secure place thereon.
F. 
Every canvasser, solicitor or peddler must comply with the provisions of Chapter 135, Article II, of the Revised General Ordinances of the Borough of Rocky Hill, an ordinance which prohibits the peddling, soliciting or canvassing and dropping off of literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers, or other written material (except those specifically requested by the resident) on the premises of residents who have chosen to be placed on the Borough's Do-Not-Knock and Do-Not-Drop-Off List.
Any violation of this article of the Revised General Ordinances of the Borough of Rocky Hill shall be punishable by a fine and/or imprisonment as prescribed in Article I, General Penalty, of Chapter 1 of the Revised General Ordinances of the Borough of Rocky Hill.
[Adopted 12-17-2018 by Ord. No. 13-2018]
The Borough Clerk shall prepare and maintain a list of those residents who notify the Borough Clerk by completing a form that no soliciting, peddling, and canvassing, nor the placement of literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers or other written material (other than those requested by the resident) is permitted at their premises. Upon the adoption of 135, Article II, of the Revised General Ordinances of the Borough of Rocky Hill, the Borough Clerk shall publicize its adoption and shall prepare the required form which shall be available on the Borough's Website or at the Borough Clerk's Office during normal business hours, except legal holidays.
The Borough Clerk shall maintain the Do-Not-Knock and Do-Not-Drop-Off List and shall distribute to applicants seeking a license to solicit, peddle or canvass pursuant to the provisions of Chapter 135 of the Revised General Ordinances of the Borough of Rocky Hill.
A. 
Do Not Knock: Peddlers, solicitors, and canvassers shall not peddle, solicit or canvass on the premises of those residents on the Do-Not-Knock and Do-Not-Drop-Off List.
B. 
Do Not Drop Off: Peddlers, solicitors, canvassers, or any persons already performing services in the Borough shall not place or throw literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers, or other written or printed material (other than those requested by the resident) on the premises of those residents on the Do-Not-Knock and Do-Not-Drop-Off List.
The Do-Not-Knock and Do-Not-Drop-Off List shall be updated monthly by the Borough Clerk.
Any person violating or failing to comply with any of the provisions of this article of the Revised General Ordinances of the Borough of Rocky Hill shall be punishable by a fine and/or imprisonment as prescribed in §§ 1-1 to 1-4 of the Revised General Ordinances of the Borough of Rocky Hill.