[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick 2-12-2019 by Ord. No. 2019-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 66,
Peddling, Soliciting and Canvassing, adopted 11-5-58 by Ord. No. 12-58,
as amended.
For the purpose of this section, the following terms, words
and phrases shall be interpreted as follows:
Any individual receiving compensation, in any form whatsoever,
from an entity for engaging in solicitation within the Borough.
Any person, organization, firm, partnership, corporation,
company, association, church, religious denomination, society, class,
league or other entity or group seeking to obtain a license for commercial
solicitation.
Any person who travels, either by foot or automobile or any
other type of conveyance, from place to place, from house to house,
from business to business or from street to street to seek or develop
support for, to conduct market research about, to determine feelings
or opinions about, to conduct a survey about, or explain a position
about and on behalf of any commercial product, cause or organization.
Includes but is not limited to food (including but not limited
to ice cream, refreshments and farm products), magazines and periodicals,
advertisements, commercial handbills, personal property, coupons,
products, merchandise, wares, orders or contracts for a service, home
or business improvement or alterations, as well as offering or seeking
to purchase real property when such real property is not listed for
sale.
Any person who travels, either by foot or automobile or any
other type of conveyance, from place to place, from house to house
or from street to street taking or attempting to take orders for the
sale of goods of any nature whatsoever for future delivery or for
services to be furnished or performed in the future, whether or not
such person has, carries or exposes for sale a sample of the object
to be sold, and whether he/she is collecting advance payments on such
sales; but shall not include wholesalers calling on retail merchants.
A license for commercial solicitation issued by the Borough
of Waldwick pursuant to the provisions of this article.
(1) Any organization tax exempt under § 501(c)(3)
of the Internal Revenue Code; (2) any organization created under or
otherwise subject to the provisions of Title 15A of the New Jersey
Statutes; (3) any organization, whether or not qualified under § 501(c)(3)
of the Internal Revenue Code or subject to the provisions of Title
15A of the New Jersey Statutes, whose primary purpose is to benefit
the school age children of the Borough of Waldwick, including but
not limited to schools, school clubs and organizations, Cub Scouts,
Boy Scouts, Brownies, Girl Scouts and similar youth groups; (4) any
organization whose primary purpose is to advocate for religious or
political causes, whether or not qualified under § 501(c)(3)
of the Internal Revenue Code or subject to Title 15A of the New Jersey
Statues; (5) any department within the Borough of Waldwick's
municipal governmental structure, including, but not limited to, the
Police Department and any volunteer fire or first aid company that
is located in, has a substantial membership from or serves the Borough
of Waldwick; or (6) any federal or state governmental agency.
Any person who travels, either by foot or automobile or any
other type of conveyance, from place to place, from house to house
or from street to street, carrying, conveying or transporting goods
for the purpose of selling and delivering them to prospective customers.
Not only an individual, but also any organization, firm,
partnership, corporation, company, association, church, religious
denomination, society, class, league or other entity or group.
To go in or upon the streets, roads, and semi-private and
private property in the Borough of Waldwick without having been invited
to do so by the owner or occupant of the property for the purpose
of advertising, promoting or selling any products, goods or services,
seeking to purchase real estate that isn't advertised for sale
or conducting market research or a market or opinion survey regarding
commercial goods or services. Solicitors shall include but shall not
be limited to itinerant vendors, peddlers, hawkers and canvassers
of commercial products or services. Solicitation shall include the
placement upon private property of handbills or other written material
advertising goods or services for sale. Solicitation shall also include
the sale of goods or services which the solicitor promises to donate
or deliver to a charitable or other nonprofit institution on behalf
of the purchaser.
Any individual agent or employee soliciting on behalf of
any organization, firm, partnership, corporation, company, association,
church, religious denomination, society, class, league or other entity
or group.
A.
This chapter shall not affect any of the following persons or activities:
(1)
Any person engaged in the delivery, in the regular course of business,
of goods, wares, merchandise, or other articles of personal property
to the premises of persons who had previously ordered same or were
entitled to receive same by reason of prior agreement.
(2)
Any nonprofit organization, as defined in § 66-2 of this chapter, engaged in the solicitation of funds for charitable purposes solely from its members.
(3)
Any person engaged in the solicitation of funds for a nonprofit organization,
when solicitation occurs on premises owned or controlled by the person
soliciting funds or with the permission of the person who owns or
controls the premises.
(4)
Federal census-taking and surveys taken pursuant to federal, state
or local laws.
(5)
Any public utility, or its employees, which is subject to the regulation
of the State Board of Public Utility Commissioners; provided, however,
such employees shall display the identification badge or card issued
by the employer.
(6)
Children enrolled in public and private elementary and secondary
schools in the Borough of Waldwick, including children peddling or
soliciting for schools, school clubs and organizations, Cub Scouts,
Boy Scouts, Brownies, Girl Scouts, and similar youth groups.
(7)
Any person engaged in the delivery or solicitation of subscriptions for a print media organization; provided, however, that said person shall adhere to the general regulations set forth in § 66-11 hereinbelow and in addition such persons shall display an identification badge (subject to the approval by the Clerk) provided by the print media and an information sheet shall be filed with the Police Department and Borough Clerk containing:
(a)
The proposed location of solicitation;
(b)
The make, model and license plate number of any vehicle being
used during such solicitation;
(c)
The name of the supervisor of the persons soliciting; and
(d)
The names of all those soliciting within the Borough of Waldwick
on behalf of said print media.
(8)
Any individual campaigning for elected public office or support/opposition
to a public question which is to be voted upon in the Borough of Waldwick
during a primary, general, school board or special election, in a
local, state or national election.
Except as otherwise provided in § 66-3 above, it shall be unlawful for any person to solicit, sell or dispose of or to offer to sell or dispose of any goods, or to solicit orders for the performance of any service or to engage in commercial canvassing within the corporate limits of the Borough of Waldwick without first obtaining a license therefor in compliance with the provisions of this section. Such license shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by each solicitor, itinerant vendor, hawker, peddler or canvasser for every agent or employee working for him/her.
A.
Every applicant for a license under this section shall be 18 years of age or older and shall follow the procedures set forth in Chapter 17, Licenses and Permits.
B.
Each applicant for a license shall secure through a private agency a criminal history background check, conducted not more than 30 days prior to the filing of the application. Such criminal history background check must be submitted (as part of the application) directly from the private agency to the Borough Clerk or Chief of Police. The criminal history background check shall be in sufficient detail and scope to reveal any criminal history recorded with the State Bureau of Identification or with the Federal Bureau of Investigation and to allow the Chief of Police to reach an informed decision as required by § 66-6 below.
C.
Every application shall be verified under oath, and shall contain
the following:
(1)
Full name and address of the applicant organization, firm, partnership,
corporation, company, association, church, religious denomination,
society, class, league or other entity or group;
(2)
The proposed location of solicitation;
(3)
The make, model and license plate number of any vehicle being used
during such solicitation;
(4)
The name of the supervisor of the agents or employees soliciting;
(5)
The names of all agents or employees soliciting within the Borough
of Waldwick on behalf of applicant;
(6)
Place of residence for each of the solicitor's agents/employees;
(7)
Each agent's/employee's sex, age, height, color of eyes
and hair;
(8)
Whether the solicitor's agent/employee is a citizen of the United
States;
(9)
Whether the solicitor's agent/employee has ever been convicted
of a crime;
(10)
Whether a driver's license issued by any state to the solicitor's
agent/employee had ever been suspended or revoked, and if so, for
what reason; and
(11)
Each application for a solicitor's agent/employee shall
be accompanied by one recent photograph of the applicant. The photograph
shall be two inches by two inches.
A.
The investigation required shall be limited to that sufficient for
the Chief of Police or their designee to make a determination that:
(1)
The issuance of a license is in accordance with the provisions of § 66-3 above and N.J.S.A. 45:17A-18 et seq.; and
(2)
The applicant or its agents/employees have not been convicted of
any criminal offense or a violation of a municipal ordinance relating
adversely to the registrant's fitness to perform activities regulated
by this section, including those involving violence or the threat
of violence.
B.
For the purpose of this section, a plea of guilty, nolo contendere
or any other similar disposition of alleged criminal activity shall
be deemed a violation.
A license application fee of $100 per person, per license, must
be submitted at the time of application. The fee is nonrefundable
whether the license is approved or denied.
A.
Duration of license. Other than licenses issued to mobile food vendors,
all solicitation licenses shall expire at the end of 30 days following
the date of issuance.
B.
Mobile food vendors. All solicitation licenses issued to mobile food
vendors shall expire at midnight on December 31 of the calendar year
in which the license was issued, or upon expiration, revocation, or
suspension of the vendor's retail food establishment license.
Solicitation shall take place within the Borough only during
daylight hours but no earlier than 9:00 a.m. and no later than one
hour after sunset or 9:00 p.m. (whichever is earlier) on Mondays through
Saturdays. Solicitation shall be prohibited on Sundays.
A.
Exception: Mobile food vendors with a valid solicitation license
and a valid retail food establishment license issued by the Board
of Health may operate at any location on public or private property
which mobile retail food vending equipment occupies or where the mobile
retail food vendor conducts business in any manner for a total cumulative
time period of no more than one hour in any twenty-four-hour period,
commencing at 12:00 midnight. Any interruption or removal of equipment
and/or of the vendor during any twenty-four-hour period shall not
constitute the commencement of a new one-hour period.
Each individual and/or member of any organization permitted
to conduct solicitations shall carry the approved license at all times
and will present same upon request. The license shall be prepared
by the Borough Clerk and shall be uniform in style and design. The
following information shall be printed on the license:
A.
Name of the organization, firm, partnership, corporation, company,
association, church, religious denomination, society, class, league
or other entity or group;
B.
Name of the agent/employee;
C.
Name and address of the organization on whose behalf the solicitation
is made. The municipal and state address of the organization shall
be the most conspicuous writing on the license and shall be at least
twice as large as any other printed matter contained on the license;
D.
Expiration date of the license;
E.
A statement that the Borough of Waldwick has licensed the solicitation
but neither approves nor disapproves of the organization and/or its
activities; and
F.
The applicant shall provide the Clerk with a current two-inch by
two-inch color photograph of each licensee for inclusion on the license.
A.
Every solicitor shall also receive a badge prepared by the Borough Clerk utilizing the information received from the solicitation application and license, as established in §§ 66-5 and 66-9 above. The badge shall be not smaller than two inches by 3 1/2 inches with letters and figures at least 1/4 inch high on contrasting background and displayed so that the information thereon is easily discernible from a distance of seven feet. The badge shall be displayed on the front outer layer of the solicitor's clothing.
C.
All badges upon expiration of the thirty-day period for which they
are valid shall be returned to the Borough Clerk's Office.
Every organization, firm, partnership, corporation, company,
association, church, religious denomination, society, class, league
or other entity or group issued a license under this section and their
agents and employees thereof shall conduct himself/herself according
to the following code of conduct:
A.
He/she shall not enter or remain upon any resident's property that is on the "do not solicit" list (See § 66-15 of this chapter) or upon which it is posted that solicitors are not permitted or notice of similar content.
B.
He/she shall carry the license/badge at all times and will present same upon request as described in § 66-9.
D.
He/she shall not enter or attempt to enter any dwelling unit without
express invitation from the occupant therein.
E.
He/she shall immediately leave the resident's property or business
property upon request by the resident or business owner or employee
to do so.
F.
He/she shall not leave, on or about the resident's property,
any circular, samples or other matter or material unless same is handed
to an occupant of the property.
G.
He/she shall not indicate that the Borough endorses or sponsors any
of the views expressed or the organization for which support of contribution
is sought.
H.
He/she shall not make false claims, misrepresentations or materially
incorrect statements concerning the solicitation, organizations represented
or the use to be made of the amount solicited.
I.
He/she shall not engage in any course of alarming conduct or conduct
himself/herself so as to reasonably alarm or annoy the occupant of
the dwelling.
J.
He/she shall not engage in any conduct which is prohibited by any
statute, regulation or ordinance in effect in the Borough of Waldwick.
L.
He/she shall have a complete copy of this section in his/her possession
at all times.
M.
He/she shall be wearing a reflective vest and carrying a functioning
flashlight at dusk or later.
It shall be unlawful for a person to:
A.
To solicit any person at his or her residence before 9:00 a.m. or
one hour after sunset or 9:00 p.m., whichever is earlier.
B.
To solicit on Sundays or on holidays recognized by the Borough of
Waldwick.
C.
Have exclusive right to any location on public property.
D.
Enter or attempt to enter the land of any resident where such resident
has posted or placed a clearly visible sign indicating that such resident
does not wish to be disturbed by peddlers or solicitors.
E.
Attempt to solicit any individual or residence listed on the "do not solicit" list, as described in § 66-15 below.
F.
Refuse to leave a private dwelling or property after having been
requested to do so by the owner or occupant thereof.
G.
Distribute obscene merchandise or printed material, or printed material
that advocates unlawful conduct.
H.
Litter the streets, public places or other property within the municipality
by any merchandise or printed material.
I.
Station, place, set up or maintain a cart, wagon, motor vehicle or
other vehicle, or allow it to remain on any sidewalk in a way that
would:
(1)
Restrict, obstruct, interfere with or impede any pedestrian's
right-of-way;
(2)
Restrict, obstruct, interfere with or impede the ingress or egress
from the abutting property;
(3)
Increase traffic congestion, cause or increase traffic delay or hazard;
(4)
Cause or create or constitute a danger to life, health or property.
Any person receiving money or any other thing for a value of
$1 or more from any contributor under a solicitation made pursuant
to this section shall give to the contributor a written receipt signed
by the solicitor showing the date and the amount received, provided
that this subsection shall not apply to any contribution collected
by means of a closed box or receptacle used in solicitation where
the use thereof has been approved by the Borough in accordance with
this section where it is impractical to determine the amount of each
contribution. Copies of such receipts shall be kept and available
for inspection upon the request of a police officer.
It shall be the duty of any police officer of the Borough of
Waldwick or the Code Enforcement Officer to enforce the provisions
of this section.
Any act committed while within the scope of the license issued by the Clerk pursuant to § 66-4 above resulting in the issuance of a municipal citation or criminal complaint shall constitute a violation of this section. Such a violation will carry the following penalties:
Any person or entity who owns or rents property within the Borough
may register such property to be included on the "do not solicit"
list by registering through the Borough Clerk's office.
Maintenance of the "do not solicit" list shall be as follows:
A.
The "do not solicit" list shall be maintained by the Borough Clerk.
The list shall be available through the official Borough website.
B.
The "do not solicit" list shall consist solely of property addresses
and shall include no further identifying information concerning the
ownership of each property.
C.
The Tax Assessor shall notify the Borough Clerk of any change in
ownership of property within the Borough. The Borough Clerk shall
remove from the "do not solicit" list any property which has changed
ownership.
D.
Other than by sale of property, a property, once listed, may only
be removed from the list by submitting a written, sworn and notarized
request, sent to the Borough Clerk.
The Borough Clerk's office shall:
A.
Post a current copy of the "do not solicit" list on the official
Borough website.
B.
Provide a dated copy of the "do not solicit" list to every applicant to whom a license is issued pursuant to Chapter 66.
C.
Provide a copy of the "do not solicit" list to any organization, firm, partnership, corporation, company, association, church, religious denomination, society, class, league or other entity or group notifying the Borough Clerk's office pursuant to § 66-5 of their intention to engage in commercial soliciting or canvassing. The failure of the Borough Clerk to provide the "do not solicit" list to such person or the failure of such person to have received a copy of the "do not solicit" list from the Borough Clerk shall not provide a defense to the requirement of having in his/her possession a copy of the updated "do not solicit" list as required by § 66-10N.
It is prohibited for any person to conduct any commercial solicitation
at any property listed on the "do not solicit" list.
The prohibition in this section shall not apply to the visiting
of a property where the owner or occupant of such property has directly
or implicitly indicated to the solicitor or canvasser, through prior
interaction, that his/her visit would be welcomed. The burden of persuasion
shall be on the person claiming this exemption.
