[HISTORY: Adopted by the Merchantville Borough Council 12-8-1980 by Ord. No. 563. Amendments noted where applicable.]
The purposes of this chapter are:
As used in this chapter, the following terms shall have the
meanings indicated:
The act of going from door to door or house to house for
the purpose of seeking orders, pledges or information.
The act of going from door to door or house to house for
the purpose of selling or attempting to sell goods or wares.
The act of going from door to door or house to house for
the purpose of attempting to persuade residents, householders or their
agents or servants to buy, to sell, to agree to buy or sell, to contract
for goods or services, to donate money or property or to solicit participation
in any group or organization. In addition, the term "solicit" shall
also be deemed to include the act of making surveys for research purposes,
analysis, opinion polls, rating data and any such similar work which,
by its nature, involves a door-to-door or place-to-place activity.
[Amended 10-22-2018 by Ord. No. 18-12]
Canvassing, soliciting and peddling in the Borough of Merchantville,
in the County of Camden, are prohibited:
[Added 10-22-2018 by Ord. No.
18-12]
A.
The Police Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Police Clerk that
peddling, soliciting, canvassing, hawking 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 Police Department office
during normal business hours.
B.
Any owner and/or occupant who has requested enlistment on the "Do
Not Knock Registry," pursuant to this chapter herein, shall be able
to obtain from the Police Department office a sticker for display
at his/her/its premises indicating enlistment on the "Do Not Knock
Registry."
C.
Owners and/or occupants who are placed on the "Do Not Knock Registry"
at their request shall remain on the "Do Not Knock Registry" until
such time as they advise the Police Clerk in writing that they wish
to be removed from the list.
D.
The Police 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, canvas, hawk or otherwise door-to-door sell pursuant
to the provisions of this chapter. The "Do Not Knock Registry" provided
to licensees shall only include the physical address of the enlisted
premises. The licensee shall not peddle, solicit, canvas, hawk or
conduct door-to-door sales at any premises identified on the then-current
"Do Not Knock Registry."
Every person who shall desire to canvass, solicit or peddle
must first register with the Merchantville Police Department on a
form to be furnished by the Merchantville Police Department. Each
such person shall, in writing and on said form, supply the following
information:
A.
His name, age and the address of his residence.
B.
The name, business address and telephone number of his employer or
organization which he represents.
C.
The name, business address and telephone number of the person, firm
or corporation for whom or in whose behalf he desires to solicit pledges,
gifts or donations or for whose benefit he seeks information.
D.
The nature of the activity in which he proposes to engage.
E.
The route, date and approximate hours of his itinerary in the Borough
of Merchantville.
F.
Whether or not he has ever been convicted of a crime.
G.
Identification acceptable to the Borough of Merchantville Police
Department.
No person seeking to register under the terms of this chapter
shall give any false answer to any question required to be answered
by this chapter as part of the registration application.
No registration shall be accepted under the authority of this
chapter from any person who shall have been convicted of a crime or
from any person under the age of 18 years.
Each registrant shall carry on his or her person identification
at all times when canvassing, soliciting or peddling, as defined in
this chapter, and present same upon request to any person or official
requesting same.
Each registration filed pursuant to the terms of this chapter
shall be valid for the 90 calendar days next succeeding the date of
its issue.
The Merchantville Police Department shall revoke the privilege
to solicit upon discovery of any material misrepresentation made by
the registrant in his registration application or for any violation
by said registrant of any of the provisions of this chapter.
No person shall canvass, solicit or peddle within the Borough
of Merchantville, in the County of Camden, without first filing an
application acceptable under this chapter or at a time when or at
a place where canvassing, soliciting or peddling are prohibited by
this chapter.
A.
This section shall not be construed to include the sale and delivery
of milk, eggs, bread, newspapers or such other necessary and perishable
articles of food or merchandise of a type commonly delivered on a
house-to-house basis at intervals of one week or less nor the selling
of products actually grown by the seller or sale by any real estate
agent, insurance agent or other professional possessing a valid license
issued by the State of New Jersey.
B.
Any veteran or exempt fireman who holds a special license under the
laws of the State of New Jersey shall be exempt from the fee provisions
of this section but shall be required to comply with all other applicable
provisions hereof.
C.
Special permits.
(1)
Any nonprofit, religious, charitable, recreational, civic or veteran's organization, service club, volunteer fire or first-aid company desiring to solicit or canvass, or have solicited or canvassed in its name, money, donations or financial assistance of any kind or desiring to sell or distribute any items of literature for which a fee is charged shall be exempt from the registration of § 38-4, provided that there is filed a sworn application, in writing, with the Chief of Police for a special permit. Said application shall contain the following information:
(a)
The name and address of the organization.
(b)
The purpose for which the special permit is requested.
(c)
The name and address of the officers, directors or trustees
of the organization.
(d)
The period during which canvassing or soliciting is being carried
on.
(e)
The names and addresses of all canvassers or solicitors engaged
by the applicant.
(2)
Upon being satisfied that the organization or association is bona
fide and as represented in its application, the Chief of Police shall
issue a special permit without charge for the period of time during
which canvassing or soliciting is requested within seven days after
receipt of a properly completed application.
D.
Any person canvassing or soliciting for a political candidate or
program shall be exempt from this section.
[1]
Editor's Note: Former § 38-12, Violations and
penalties, was repealed 5-27-1997.
[Amended 4-8-2013 by Ord.
No. 13-06]
[Added 11-14-2005 by Ord.
No. 05-13]
Except for charitable organizations duly permitted in accordance
with this chapter and other applicable law, no person shall stand
in or beside any public road or right-of-way to stop, impede, hinder
or delay the progress of a vehicle, or to otherwise interact with
the occupants of any vehicle on any public road or right-of-way, for
the purpose of soliciting the purchase of goods, merchandise or tickets,
or for the purpose of soliciting contributions for any cause, and
the only question of law and fact in determining guilt under this
section shall be whether goods, merchandise or tickets were tendered
or offered for sale, or whether a contribution was solicited.
[Added 11-14-2005 by Ord.
No. 05-13]
All charitable organizations as defined in N.J.S.A. 45:17A-20
who desire to solicit contributions in roadways situate in the Borough
of Merchantville shall file an application for a permit with the Borough
Clerk on a form supplied by said Clerk specifying the following information:
A.
Name and tax identification number of the applicant organization.
B.
Address of the applicant organization.
C.
Telephone number of the applicant organization.
D.
Contact person for the applicant organization, including name, address
and day and evening phone number.
E.
Specific location or locations of proposed charitable solicitation.
F.
Dates and times of proposed charitable solicitation.
G.
If said request pertains to a location or locations on any county
highway or intersection of a county highway, said application shall
include a copy of an authorization from the Camden County Board of
Chosen Freeholders to permit said charitable solicitation.
H.
Identify the manner in which the motorist solicitation will be conducted
and the procedures to be used to ensure the safety of the members
of the public who will be traveling the roadways situate in the Borough
of Merchantville.
I.
Such other information as may be required or is otherwise deemed
necessary by the Borough Clerk in order to process the application.
[Added 11-14-2005 by Ord.
No. 05-13]
A.
Upon the filing of a complete application in accordance with the
provisions of this chapter, the Borough Clerk shall forward a copy
of the application to the Chief of Police and to the Superintendent
of the Public Works Department. The Chief of Police and Superintendent
of the Public Works Department shall review the application and shall
provide the Borough Clerk with any recommendations regarding the same.
B.
Upon review and approval by Borough Council, the Borough Clerk shall
issue a permit to allow the event including as a condition of the
permit any recommendations made by the Chief of Police, Superintendent
of the Public Works Department and/or the Borough Council. The permit
shall also be subject to any conditions imposed by law. In cases where
the event requires county or state approval, the permit issued hereunder
shall be conditional, subject to approval by the county and/or state.
[Added 11-14-2005 by Ord.
No. 05-13]
All approved charitable solicitations shall be conducted in
accordance with N.J.S.A. 39:4-60 and the regulations promulgated thereunder
(presently codified at N.J.A.C. 16:401.1 et seq.) and including the
following:
A.
Solicitation shall be subject to the specific terms and conditions
of each permit granted. Such permit shall be in possession of the
solicitor during all times of solicitation and shall be available
for inspection by the Police Department and/or other officials upon
request.
B.
No person shall solicit charitable contributions on a State highway
or intersection thereof without approval from the New Jersey Department
of Transportation (NJDOT), via the issuance of a charitable solicitation
permit. Such permit shall be in the possession of the solicitor during
all times of solicitation and be available for inspection by local,
county and State police enforcement personnel.
C.
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of flagmen shall be prohibited.
D.
The solicitor shall not install any traffic control devices.
E.
Parking of vehicles shall comply with applicable traffic regulations.
F.
Signage shall be in accordance with NJDOT regulations (presently
codified at N.J.A.C. 16:406.1).
G.
All solicitors shall wear safety vests that are in accordance with
NJDOT standards.
H.
Solicitation shall only be permitted during daylight hours.
I.
Each person soliciting charitable contributions on behalf of the
charitable organization shall be at least 18 years old.
J.
Solicitors shall not drink alcohol beverages, use drugs or be under
the influence of drugs or alcohol when soliciting. Solicitors shall
not harass the public.
K.
Solicitation shall be permitted in the right-of-way, but is encouraged
to be off the traveled way.
L.
The charitable organization shall be responsible for cleaning up
any debris resulting from the solicitation activity, including trash
or debris in the right-of-way.
M.
The Police Department shall be responsible for supervising solicitation
activity and enforcing the terms of the solicitation permits (both
local and the NJDOT permit if applicable). The Police Department may
suspend solicitation operations at any time if the permit is violated
or, if in the police officer's sole discretion, traffic is being
impeded or delayed or the public safety is at risk.
N.
The Borough shall not be liable in any civil action for damages for
property damage or personal injury resulting form any accident arising
out of or in the course of solicitations.
O.
No more than one (1) permit per calendar year shall be issued to
a charitable organization for solicitation under this Article.
P.
No more than one (1) permit per calendar month shall be issued to
any charitable organization for solicitation under this Article within
any calendar year.
[Added 11-14-2005 by Ord.
No. 05-13; amended 10-22-2018 by Ord. No. 18-12]
A.
Unless another penalty is expressly provided by New Jersey statute, every person, firm, association or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the fines and/or penalties as are set forth in the § 1-9 of the Code of the Borough of Merchantville. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.
B.
To the extent the conduct prohibited under this chapter also violates
other provisions of the Borough Code, those violations constitute
separate offenses subject to additional fines and penalties as prescribed.
