[HISTORY: Adopted by the Township Council
of the Township of Chester 8-1-1983 by Ord. No. 10:7-83;
amended in its entirety 11-14-2019 by Ord. No. 2019-06. Subsequent amendments
noted where applicable.]
For the purpose of this article, and as needed herein, the following
words shall have the following meanings:
Any person who applies for a license in accordance with the
terms and provisions of this article.
Any person who has applied for, has been issued and holds
a license in accordance with the terms and provisions of this article
or pursuant to state statutes.
The Office of the Township Clerk shall collect, prepare and
maintain a list of addresses of those premises where the owner and/or
occupant has notified the Township Clerk that soliciting and peddling
are not permitted on his/her premises. To be included on the list,
residents shall notify the Township Clerk in writing.
Any person, including Township residents, traveling from
place to place within the Township, from house to house, or from street
to street, for the purpose of carrying, conveying or transporting
merchandise, goods, or wares of any type and offering and exposing
the same for sale, or making sales and delivering articles to a purchaser,
or offering, whether in conjunction with goods or wares or not, the
sale of services of any type. The definition of "peddler" shall also
include any commercial, charitable, or religious activity which includes
any activity to seek contributions or obtain information, or take
or attempt to take orders for sale of goods, services, wares and merchandise,
personal property of any nature whatsoever for future delivery, or
for services to be furnished or performed in the future, whether or
not the individual has, carries or exposes for sale a sample of the
subject of the sale, and whether or not the person accepts advance
payment for the goods or services. "Peddler" shall not include persons
offering goods or services to retail merchants.
Any individual, organization, trust, foundation, association,
partnership, corporation, society or other group or combination acting
as a unit.
Signs are a physical display that contain or set forth "No
Trespassing," "No Soliciting," "No Peddling" or similar language advising
peddlers and solicitors not to enter upon the property of the owner
or occupant.
The request, directly or indirectly, for the donation of
money, property, anything of value or financial assistance of any
kind, which shall include the selling or offering for sale of any
services, property, real or personal, tangible or intangible, merchandise,
goods, or wares of any type, whether of value or not, or seeking information
conducted from house to house or on the public streets. The act of
a solicitation is complete when communicated to any individual then
located within the corporate limits of the Township.
The Township of Chester.
It shall be unlawful:
A.
For any person to peddle or solicit in the Township between the hours
of 30 minutes after sunset (not to exceed 9:00 p.m.) and 9:00 a.m.
on Mondays through Saturdays.
B.
For any person, except as provided herein, directly or through an
agent or employee, to peddle or solicit in the Township without having
first registered and obtained a license as provided under this article.
C.
For any person, except as provided herein, directly or through an
agent or employee, to peddle or solicit in the Township without visibly
and prominently displaying an identification card issued to that person
as hereinafter provided.
D.
For any person, directly or through an agent or employee, to peddle
or solicit within the Township after the expiration of any license
issued under this article.
E.
For any person engaged in peddling or solicitation, directly or through
an agent or employee, to enter upon the property of any home, or to
knock at the door or ring the doorbell of any apartment or any other
dwelling unit in Township upon which is clearly displayed a notice
which reads "No Trespassing," "No Soliciting," "No Peddling," or similar
language advising peddlers and solicitors not to enter upon the property
of the owner or occupant, unless such person is or has been invited
upon the premises by an occupant thereof.
Each applicant for a license issued by the Township shall file
with the Clerk of the Township a sworn written application, in duplicate,
on a form to be furnished by the Township Clerk, which shall provide
the following information:
A.
The name of the person registering and desiring to solicit or to
peddle, solicit or otherwise canvass.
B.
Identification of whether the person registering is a natural person,
a corporation, partnership or other form of business entity.
C.
If a natural person, presentation of a valid driver's license to
the Clerk for copying, the business address and telephone number,
a permanent home address and telephone number, and if applicable,
the local address and telephone number, name, address, and phone number.
D.
If the person is a form of partnership, the names, addresses and
telephone numbers of all partners including designation of the managing
partner, and the business address and telephone number of the principal
place of business.
E.
If the person is a corporation or similar form of business entity,
identification of the state where the entity is organized, the name,
address and telephone number of the principal(s) or registered agent
of the entity, the name, address and phone number of the principal
place of business and any local office location.
F.
Specification of the time period for which a license is needed and
why, including the desired start date and end date.
G.
A brief statement of the nature of the business and description of
the goods, services, or information that will be peddled or solicited.
H.
If the person is a partnership or corporation, each person, employee
or independent contractor who will be engaged in the peddling or soliciting,
and each individual shall register with the Clerk, with presentation
of a valid driver's license to the Clerk for copying, a permanent
home address and telephone number, and if applicable, the local address
and telephone number.
I.
Identification of the names of any other municipalities in which
the person has peddled or solicited within the previous 12 months.
J.
A photograph of each individual applicant, taken within 60 days immediately
prior to the date of the application, which shall clearly show the
head and shoulders of the applicant and shall measure two inches by
two inches.
K.
A statement under oath and penalty of perjury as to whether the applicant
and, if employed, the applicant's employer,
(1)
Has ever been convicted of any crime, misdemeanor or violation of
any Township ordinance.
(2)
Has ever had any civil judgment entered against them for any acts
involving fraud or deception.
(3)
The statement shall detail any prior arrests for any sexually related
offense, distribution of controlled substances, or any violent acts
against persons or property, or if the applicant is listed as a registered
sex offender. The statement shall describe the nature of any offense
covered under the foregoing, and the ultimate disposition including
the punishment or penalty assessed therefor. If the applicant is listed
as a registered sex offender, the date of entry on that list shall
be provided as well as the jurisdiction where listed.
(4)
A plea of guilty, nolo contendere or any other similar disposition
of alleged criminal activity shall be deemed a conviction for the
purposes of this article.
(5)
If the applicant indicates any history under the foregoing, the applicant
shall authorize and cooperate fully to supply all things necessary
to conduct a criminal background check, including fingerprinting,
or securing copies of background checks and fingerprints from other
jurisdictions in the previous 90 days.
A.
At the time the application is submitted, a fee shall be paid to
the Clerk to cover the costs of processing the application, conducting
an investigation, and issuing or denying a license.
B.
The fee to be paid at the time the application is submitted shall
be $50 for each person applying for a license.
C.
Fees shall not apply to holders of licenses issued pursuant to N.J.S.A.
45:24-9 et. seq.
A.
Upon application properly and fully completed and submitted pursuant to § 134-3, the Clerk shall within three business days of submission of a fully complete application submit the original and a duplicate of the application to the Chief of Police (or his/her designee).
B.
Upon receipt of the application under Subsection A above, the Chief (or his/her designee) shall initiate within three business days an investigation of the applicant, the applicant's employer, and any agents/employees as he may deem necessary in his judgment to ensure the safety, protection and privacy of the residents of the Township, and to make the following determinations.
(1)
The Chief (or his/her designee) may, at the discretion of the Chief,
keep a copy of the original application and all materials generated
in the course of any investigation.
(2)
If the applicant supplies any information indicating a prior history under § 134-3, or if the investigation of the applicant establishes that the applicant has any such history, or if the applicant falsified, misrepresented or omitted any information as required under § 134-3, the Chief (or his/her designee) may conduct a full criminal background check of the applicant through the approved live scan fingerprinting provider for the State of New Jersey at the applicant's expense.
(3)
The investigation may include an interview of the applicant by the
Chief of Police, or his/her designee at a rank of sergeant or above,
within the Police Department. The interview may be recorded at the
discretion of the Chief of Police.
(4)
The Chief shall make a written determination:
(a)
Whether the issuance of a license is in accordance with the
provisions of this article and N.J.S.A. 45:17A-18 et. seq.
(b)
That the applicant or employer, or any agents/employees of an
applicant, have:
[1]
Never been convicted of any crime, misdemeanor or violation
of any Township ordinance. A plea of guilty, nolo contendere or any
other similar disposition of alleged criminal activity shall be deemed
a conviction for the purposes of this article;
[2]
Never had any civil judgment entered against them for any acts
involving fraud or deception;
[3]
Never had any prior arrests for any sexually related offense,
distribution of controlled substances, or any violent acts against
persons or property, or if the applicant is listed as a registered
sex offender;
C.
The Chief of Police shall complete his investigation within 10 business days of receipt of the application under Subsection A.
D.
The Chief shall not approve the application if the applicant, the
applicant's employer, or any employee/agent of the employer included
with the application, does not satisfy any of the foregoing requirements.
(1)
If the Chief of Police (or his/her designee) determines that the
application should not be approved, the reasons for disapproval shall
be described in a writing attached to the application, and the applicant
shall be notified by the Clerk that the application has been disapproved
and no license will be issued.
(2)
Notice of disapproval shall be mailed to the applicant at the address
indicated on the application form, by registered and certified mail,
return receipt requested, together with a copy of the reasons for
disapproval.
E.
If the Chief of Police determines that the application should be
approved, the Chief shall endorse the application in writing and return
the application and endorsement to the Clerk.
(1)
The Clerk shall then notify the Township Council of the application
and the Chief's determination at the next regularly scheduled public
meeting of the Township Council following the Clerk's receipt of the
determination by the Chief.
(2)
Unless objection is made by the Township Council to issuance of a
license, the Clerk shall then promptly issue the license.
(3)
The license shall contain the following:
(a)
The signature of the Clerk as the issuing officer.
(b)
The name, address, and photograph of the licensee.
(c)
The nature of the license issued.
(d)
The kind of goods and services to be sold.
(e)
The name of the licensee's employer, if any.
(f)
The date of issue and the date of expiration. All licenses expire
December 31 of the licensing year.
(g)
The motor vehicle registration number and other identifying
details including the make, model, year and license plate of any motor
vehicle to be used in the licensed peddling or soliciting activity.
The Clerk shall issue a placard to be displayed prominently in the
dashboard front window of the vehicle identifying the licensee. Any
vehicles subject to this article shall fully comply with all Township
ordinances, applicable state laws and regulations, in particular any
which deal with public health, safety and welfare.
(h)
In no event shall a license be issued to any person under the
age of 16.
(i)
Every license and vehicle placard shall apply only to the person
to whom it was issued and shall not be transferable.
(j)
The licensee shall maintain a copy of the license with them
at all times and the license should be maintained and carried by the
licensee and provided for inspection at the request of any Township
police officer, other law enforcement officer, or any Township official.
The Township Clerk shall issue to each licensee at the time
of delivery of his license, a license which shall show the nature
of the license in letters and figures easily discernible from a reasonable
distance. If the licensee intends to use a vehicle or vehicles, then
for each vehicle the Clerk shall issue a placard identifying the licensee
and the same information as on the license, and the placard shall
identify the make, model and year of the vehicle. The license shall
be carried constantly by the licensee and the licensee shall produce
the license upon request. The vehicle placard shall be displayed prominently
in the front window dash at all times during which the vehicle is
being used in connection with any peddling or soliciting activity.
The license and vehicle placard should be maintained and carried by
the licensee and provided for inspection at the request of any Township
police officer, other law enforcement officer, or any Township official.
A.
Any applicant aggrieved by the action of the Chief, the Clerk or
the Township Council in the denial of a license under this article
shall have the right of appeal to the Township Council. Any such appeal
shall be taken by filing with the Township Clerk a notice by way of
a written statement fully setting forth the basis and grounds for
appeal, and attaching all documents to be relied upon as part of the
appeal. The statement shall be filed within 14 calendar days after
the applicant receives notice of the denial.
B.
For the purposes of appeal, effective notice shall have been presumptively
provided either on the date of receipt of the notice sent by certified
mail, or five calendar days after the date of the notice sent by regular
mail.
C.
The Township Council shall at the next regularly scheduled public
meeting schedule a time and place for a hearing on the appeal within
a reasonable time thereafter.
A.
Any person holding a peddler's license issued by the Clerk under
the authority of N.J.S.A. 45:24-9 shall comply with all of the provisions
of N.J.S.A. 45:24-9 et seq.
B.
Any person holding a peddler's license issued by the Clerk under the authority of this article, or by the Clerk of the County of Morris, under the authority of N.J.S.A. 45:24-9, shall comply with § 134-6.
C.
Each licensee shall restrict his peddling within the Township to between the hours set forth in § 134-2A and shall notify the Police Department at least once in every week in which the applicant plans to conduct any related activities. Notification shall include a statement of the general area of the Township in which the licensee intends to conduct such activities, and a schedule of dates and times when such activities shall be conducted. The licensee shall notify the Police Department of any change in area or in dates or times should such changes be made during the week.
D.
The hours for peddling or soliciting activities may be adjusted by
the Township Council upon request.
It shall be unlawful and a violation of this article for any
licensee, its agents or employees, to engage in any of the following
activity:
A.
Call attention to his business or to his merchandise by crying out,
blowing a horn or by any other loud or unusual noises, or use any
other sound-amplifying device on any street, park or other public
place in the Township, or any private premises.
B.
Shall not enter or attempt to enter the premises of any Township
resident without an express invitation from the occupant.
C.
Shall not engage in any conduct objectionable or annoying to the
occupant.
D.
Shall not engage in peddling or soliciting from their vehicle unless
it is properly parked immediately adjacent to the curb or shoulder
of a public street, or parked safely in a designated parking space
off-street.
E.
Shall not engage in peddling or solicitation on any road or at any
intersection to the occupant's vehicles traveling on the road or stopped
at the intersection.
F.
Conduct, or attempt to conduct, his business at any residence or
on any property on which is posted a sign expressly prohibiting such
as "No Trespassing," "No Soliciting," "No Peddling" or similar language
advising peddlers and solicitors not to enter upon the property of
the owner or occupant.
G.
Conduct, or attempt to conduct, his business within 200 feet of any
municipal building or any place of worship during times of services,
or any building occupied exclusively as a public or private school
or for school purposes, unless approved by the Township Council.
H.
Allow any other person to use the license issued hereunder.
I.
Conduct, or attempt to conduct, within any Township park or on municipally
owned land, any peddling or soliciting within 200 feet measured from
the perimeter of the area used for any event or activity approved
by the Parks Advisory Committee or Township Council.
J.
Shall not engage in any soliciting or peddling at any residences
indicated on the no peddling and no soliciting list provided to the
applicant by the Clerk.
The Clerk shall maintain a record of all applications and licenses
issued under the provisions of this article and shall record therein
all convictions for violations of this article and other pertinent
circumstances and incidents reported by the Chief, other Township
officials or other persons.
A.
Licenses issued under the provisions of this article may be revoked
by the Township Council, after notice and hearing, for any of the
following causes:
(1)
Any misrepresentation, false statement, dishonesty or material omission
in the application for a license, fraud, misrepresentation or a materially
false statement by the licensee in the course of conducting the business
licensed.
(3)
Conviction of any crime, misdemeanor or violation of any Township
ordinance. A plea of guilty, nolo contendere or any other similar
disposition of alleged criminal activity shall be deemed a conviction.
(4)
Entry of any civil judgment for any acts involving fraud or deception.
(5)
Arrest for any sexually related offense, distribution of controlled
substances, any violent acts against persons or property, or if the
applicant is listed as a registered sex offender.
(6)
Conducting the business licensed in an unlawful manner or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
(7)
Any such other basis that in the judgment of the Township Council
constitutes a threat to the safety of the Township or its residents.
B.
In the event that the Chief of Police shall determine that there
has been a violation, in accordance with the provisions of this section,
he shall then immediately notify the Township Council of the violation
and shall order the licensee to suspend further operation until a
hearing, in accordance with the provisions of this section, is held.
C.
Written notice of the hearing for revocation of a license shall be
given to the licensee by the Clerk. The hearing shall be held within
30 days of the date of the notice. Such notice shall set forth the
specific grounds of the complaint and the time and place of the hearing
and shall either be delivered personally to the licensee or be sent
by certified mail to the licensee at his last known address at least
10 days prior to the date set for hearing.
(1)
At the hearing, the Mayor or his/her designee shall preside. The
licensee shall have the right to appear and be heard, to be represented
by an attorney, to present witnesses on his/her own behalf, to cross-examine
opposing witnesses and to have a permanent record of the proceedings
made by way of a certified court reporter at the licensee's expense.
If such a record is made, a digital copy (pdf and text) and two paper
copies shall be furnished to the Township without charge. The Mayor
and Council shall vote by majority to revoke or suspend the license
if they are satisfied by a preponderance of the evidence that the
revocation of the license is justified.
All licenses issued under the provisions of this article shall
expire on December 31 of the calendar year in which they are issued.
Renewal may be done only by way of a new application in accordance
with this article.
It shall be the duty of the Police Department to enforce the
provisions of this article.
A.
Violation of any of the provisions or terms of this article shall
subject the violator to the issuance of a summons which shall be adjudicated
before the Township Municipal Court.
The provisions of this article shall not apply to the following:
A.
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 the same or were entitled
to receive the same by reason of a prior agreement.
B.
Federal census takers and polls or surveys taken pursuant to federal,
state or local laws.
C.
Any person acting on behalf of a religious, charitable, or political
organization, or who is an armed services veteran of the United States
of America, or who is seeking public elected office.
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities shall be maintained
in a clean and sanitary manner and be subject to the inspection of
the Board of Health or its authorized agents. Any violation found
and not immediately corrected shall be grounds for revocation of the
license.
No peddler or solicitor, whether for commercial, charitable,
or religious solicitations, shall conduct any peddling or soliciting
in the Township without first obtaining and signing a receipt for
having obtained the Township's no peddler and no solicitor list. The
list shall apply to commercial, charitable, and religious solicitors.
This article shall not pertain to persons seeking elected public
office.
Updating of list. On or about April 1 and October 1 of each
year, the Office of the Township Clerk shall update the no peddler/no
solicitor list. The updated list shall then be forwarded to the Chief
of Police. The Office of the Clerk shall provide a copy of the updated
list to every peddler and solicitor who seeks to peddle or solicit
in the Township.
The Township Clerk shall keep a current calendar of approved
solicitations to be conducted within the Township. The Clerk may propose
alternate dates for a solicitation if the requested dates should conflict
with other solicitations being conducted within the Township.
Any person violating any of the provisions of Article 1 or Article
2 of this chapter shall, upon conviction thereof, be subject to punishment
by one or more of the following: a fine of not less than $100 nor
more than $1,000, imprisonment not to exceed 90 days or a period of
community service not to exceed 90 days. Each day's continued violation
shall constitute a separate offense.