[1]
Editor's Note: Prior ordinance history includes portions of Ordinance 6/29/70.
[Ord. No. 2003-05, § 2; amended 3-5-2019 by Ord. No. 2019-04]
Any event which is advertised to the public or open to the public, where the event is of a commercial nature and which would result in a public gathering out-of-doors, at a location within the Township, must be in compliance with Subsection 4-1.5 below. Sales from motor vehicles or wheeled vehicles of food items and beverages on private property are permitted only in conjunction with a public gathering, with only two such vehicles permitted on a property at any time, and for a maximum of 24 days each calendar year on any property, subject to the conditions and requirements of Township Code § 4-1.5.
[Ord. No. 2003-05, § 3]
Any event which is advertised to the public or open to the public, where such event is of a noncommercial nature and which would result in a public gathering out-of-doors, at a location within the Township, must be in compliance with Subsection 4-1.4 below.
[Ord. No. 2003-05, § 4]
Any event which can be fairly characterized as a convention, concert, festival or exhibition which is not open to the public, where the event would result in a gathering of persons out-of-doors, within the Township, and where the event will be attended by more than 20 persons in total, must be in compliance with Subsection 4-1.4 below.
[Ord. No. 2003-05, § 5]
The person or organization seeking to hold or sponsor the event shall provide notice of the event to Township at least 45 days prior to the date the event is first scheduled. The notice shall be provided by completing the application set forth in Subsection 4-1.14 and filing it with the Township Clerk along with a $25 application fee which is nonrefundable. Within 15 days of the filing, the Code Officer shall determine whether or not a license is required for this event using the form referenced in Subsection 4-1.14. In making this determination the Code Officer shall consider the number of persons who will attend the event, both in total and at any one time, the location of the event, and whether concerns pertaining to public health, safety and welfare favor invoking the licensing requirement of Subsection 4-1.5. If the Code Officer determines a license is required, then the person seeking to hold or sponsor the event shall be required to comply with Subsection 4-1.5 and file the required application. The Code Officer's determination under this section is not subject to appeal by the person or organization seeking to hold or sponsor the event, but is subject to review by the Governing Body at the discretion of the Mayor or the Governing Body.
[Ord. No. 2003-05, § 6; amended 3-5-2019 by Ord. No. 2019-04; 10-20-2020 by Ord. No. 2020-19; 11-3-2021 by Ord. No. 2021-26; 5-7-2024 by Ord. No. 2024-08]
If a license is required by Subsection 4-1.1 or by a determination of the Code Officer, then no person shall hold, sponsor or promote the event unless the following requirements are satisfied. At least 30 days before the first scheduled date of the event the person who is sponsoring or holding the event shall apply for a license using the application identified in Subsection 4-1.14. The application shall be filed with the Township Clerk who shall forward it to the Township's Code Enforcement Officer. In deciding whether to approve the application and issue a license, the Code Officer shall consider the following factors:
a.
Whether the applicant provided the information required by the application;
b.
Whether the applicant has made sufficient provisions for parking and traffic control so as to ensure there is not an unreasonable amount of congestion on public streets and that such traffic does not present a danger to public safety and welfare;
c.
Whether the applicant has made adequate provisions regarding sanitary services for those persons present at the event;
d.
Any public safety or welfare concern which would arise from the number of people attending the event in relation to the size or topography of the area where the event is to be held;
e.
Whether the applicant has made reasonable accommodations for emergency medical treatment for those persons present at the event given the size and location of the event;
f.
Whether emergency service workers including first responders could reach the event in a reasonable time. In considering this factor the Code Officer shall specifically consider whether concerns of public health and safety require a separate access to the event for emergency service workers given the event's size and location;
g.
Whether the event given its size, location, duration, time and nature would unreasonably impact upon neighboring property owners. In considering this factor the Code Officer may consider such factors as the likelihood that those attending the event would enter private property or whether traffic from the event would unreasonably interfere with neighboring property owners' access to their property; and
h.
Any other factor which is reasonably related to concerns of public health, safety or welfare.
In determining whether to issue a license, the Code Officer may consult with local, county, state or federal officials which provide police or fire services to the Township or officials affiliated with any state, county or local board of health. The Code Officer may also consult with volunteer groups such as members of the Volunteer Fire Department or first responders which provide service to the Township. The Code Officer shall also have the right by way of consent of the property owner, which shall be a condition of the application, to enter onto the property for an inspection.
i.
Sales from motor vehicles or wheeled vehicles of food items and beverages on private property are permitted only in conjunction with a commercial public gathering (a maximum of four vehicles at a time, 24 times per year), and during such public gathering hours, provided the following conditions are met:
1.
The property shall have at least 25 delineated parking spaces;
2.
The vehicle shall be located at least 10 feet from the nearest building;
3.
No seating shall be provided;
4.
Adequate waste and recycling receptacles shall be provided; and
5.
The vehicle shall obtain all necessary licenses, including from the Lafayette Township Fire Official, Sussex County Division of Health and the Lafayette Township Board of Health.
6.
Exceptions:
(a)
Seasonal events related to Christmas tree farms or pumpkin picking venues of at least five acres, regardless of zone, may host one food truck for up to eight days annually connected to those activities provided the provisions of Subsection i3 through 6 are met and where the acreage can accommodate parking for at least 25 vehicles regardless of whether the parking spaces are delineated.
(b)
Vineyards or craft brewery establishments located within the Township licensed by the State of New Jersey regardless of zone may host up to six food truck events annually limited to two food trucks per day provided the provisions of Subsection i3 through 6 are met and where the acreage can accommodate parking for at least 25 vehicles regardless of whether the parking spaces are delineated.
(c)
) Annual or one-time celebrations such as private weddings, private parties or other similar private gatherings regardless of zone may host up to two properly licensed food trucks provided the location can meet the provisions of Subsection i3, 5 and 6 and the food trucks can be located a minimum of 50 feet away from any street.
[Ord. No. 2003-05, § 7]
Within 15 days after a complete application is filed with the Township Clerk as required by Subsection 4-1.5, the Code Officer shall render a decision either approving the application outright, approving the application upon conditions or denying the application. This determination shall be on the form identified in Subsection 4-1.14. If the application is denied a concise statement of reasons for the denial shall be included. An applicant whose application is denied or whose application is approved upon conditions, may appeal such a decision to the Township's Governing Body by writing a letter and attaching to it a copy of the application and Code Officer's determination all of which shall be filed with the Township Clerk. The letter shall include a concise statement as to the reasons the applicant disagrees with the Code Officer's determination. The Governing Body shall consider the appeal at the next regularly scheduled meeting and may at its election either place its reasons on the record or advise the applicant of its reasons in writing, or both. It shall be the applicant's obligation to determine how the appeal was decided. In determining the appeal the Governing Body may affirm, reverse or remand the application for further consideration by the Code Officer.
[Ord. No. 2003-05, § 8; amended 3-5-2019 by Ord. No. 2019-04]
A license under this section shall only issue upon the required approvals. The license shall be nontransferable and shall apply only to the date, times and location provided for in the license. An application for a license or waiver shall only be deemed complete and processed upon payment of the required fee. The application fee for a license shall be $150 unless there was a prior determination under Subsection 4-1.4 in which case the fee shall be $125. The application fee for a waiver shall be $25. The application fee for sales from motor vehicles or wheeled vehicles of food items and beverages, per § 4-1.5i above, shall be $25 per day per vehicle.
[Ord. No. 2003-05, § 9]
The issuance of the license does not confer upon any person an exemption from any other law including any other ordinance of the Township and all such ordinances shall apply to persons present at the event. All regulations and license requirements governing the sale of merchandise, including food items, remain in effect and it shall be the obligation of all persons present at the event to obtain any other license or permit that may be required by law.
[Ord. No. 2003-05, § 10]
After the issuance of the license, the license may be suspended by the Mayor, the Mayor's designee, the Township's Governing Body or the Barrack's Commander of the New Jersey State Troops whose jurisdiction includes the Township based upon the following:
a.
If there is probable cause to believe that the information provided in the application was to a material degree not accurate at the time it was provided or is no longer accurate;
b.
If there is probable cause to believe that the event would pose a danger to the health, safety or general welfare of the residents of the Township or any surrounding community.
In the event the license is suspended, the Township's Governing Body shall, on notice to the licensee, hold a hearing as soon as practical to determine if the license should be revoked. In making this determination the Governing Body shall consider the factors in Subsection 4-1.5 to the extent they are relevant.
[Ord. No. 2003-05, § 11]
Not withstanding the requirements of Subsections 4-1.2 and 4-1.3, a person who is going to sponsor or hold an event which would otherwise require a license under this section may apply for a waiver from the licensing requirement of Subsection 4-1.5 if the event will be attended by no more than 20 persons in total. In order for the request for a waiver to be considered, the person holding or sponsoring the event must complete the application for waiver identified in Subsection 4-1.14. This application must be filed with the Township Clerk at least 60 days before the event and shall be determined by the Code Enforcement Officer within 15 days after it is filed. If the waiver is granted no license shall be required. A denial of the waiver application shall not be appealable under this section. The decision to grant the waiver may be reviewed by the Governing Body at its discretion or the discretion of the Mayor.
[Ord. No. 2003-05, § 12]
Whenever this section allows for a determination by the Governing Body that determination shall be made by a simple majority vote.
[Ord. No. 2003-05, § 14; amended 12-3-2024 by Ord. No. 2024-26]
If a public gathering is one which is scheduled to occur repeatedly on a regular interval in a substantially similar manner with substantially similar activities conducted in specific locations on the premises and has been the subject to an application submission per Subsection 4-1.4, payment of the applicable fee per Subsections 4-1.7 and 4-1.5, scrutiny by the Township Code Enforcement Officer, Lafayette Township Fire Official, Sussex County Division of Health and/or the Lafayette Township Board of Health as may be required, one single annual license can cover the gatherings except for the presence of any food trucks.
In order for an annual license to be issued covering a calendar year under this provision, the licensees’ gathering may not deviate from the information provided in the license application for each date such a public gathering is held. Any major changes in the activity from what was specified in the original application will necessitate a reapplication to be instituted by the applicant as an annual license is not a blanket permit to conduct multiple dissimilar gatherings at the premises.
[Ord. No. 2003-05, § 16]
No license or waiver shall issue for a public event, or any license or waiver which is issued shall be revoked, if (1) the gathering or event is contrary to law; (2) the event results in a display that is obscene, lewd or contrary to law; or (3) the event entails a display of nudity or depiction of sexual acts that are inappropriate for such a public gathering due to the manner of the display, including the likelihood that the display could be observed by persons not attending the event, and the time and location of the event.
[Ord. No. 2003-05, § 17; amended 12-3-2024 by Ord. No. 2024-26]
As used in this section:
Shall mean the Code Enforcement Officer for the Township of Lafayette.
Shall mean the Lafayette Township Committee.
Shall mean in addition to its usual and customary meaning, any event conducted in a structure erected for the purpose of the event including a tent.
Shall mean an event that would result in a gathering of persons out-of-doors, within the Township, whether or not public or private, such as, but not limited to, fairs, festivals, concerts, conventions, exhibitions, farmers markets, block parties, outdoor weddings, and political gatherings, but not community celebrations.
[Ord. 5/8/62, A1]
It shall hereafter be unlawful for any person to keep or maintain a junk yard, junk shop or deal in junk at any place within the limits of the Township , without first obtaining a license for such purpose as hereinafter provided, and in any manner contrary to the provisions of this section.
[Ord. 5/8/62 A2]
As used in this section:
Shall mean any old, discarded, or unused waste material of any type that has outlived its usefulness for its original purpose, including iron, metals, glass, papers, rags, clothes, machines, automobiles, motor vehicles or parts thereof, or accessories thereof, such as auto bodies and the like, and all other materials commonly or generally known as "junk" in the ordinary meaning of the word, acquired or collected for commercial purposes, including specifically parts and portions of any items as referred to herein.
Shall mean any lands or parcels thereof on which junk is collected or placed or stored for commercial purposes or for any remuneration whatever. A junk yard shall not include premises whereon the materials herein described as "junk" are kept or stored or disposed of by an owner or occupant of the premises by reason of their obsolescence in the ordinary sense of the word, or which originates on the premises and become obsolescent, or are kept or stored for the use of the owner or occupant other than in the business of buying, selling or storing the same.
Shall mean any building within the Township in which "junk" is stored, or placed, or sold, for commercial purposes within the provisions of this section.
Shall mean any person, firm, association, partnership or corporation which deals in junk for commercial purposes, or who buys or otherwise acquires or collects or stores junk within the Township in the manner provided in this section.
Shall mean any lands or buildings or both whereon a junkyard is maintained under license hereunder or any junk shop which is licensed or any premises for which a license is issued to a junk dealer under the provisions of this section.
Shall mean the violation of any of the provisions of this section, or any false statement contained in the application for license, or failure to pay any license fee when due, or any conviction of the applicant during the term for which the license was issued for the violation of any criminal statute or law of the State of New Jersey or of any State of the United States, or the United States Government.
[Ord. 5/8/62, A3, §§ 1, 2]
All applicants desiring a license for the maintenance of a junk yard or junk shop or as a junk dealer shall first file a written application signed by the applicant with the Township Clerk containing the following information:
a.
Name and status of applicant, that is, whether individual, partnership, corporation, or association. If an applicant is a corporation, the applicant shall furnish the names and addresses of all officers and registered agents and shall designate the office of each; if the partnership or association, the applicant shall state the names and addresses of all members thereof.
b.
Permanent residence address of the applicant.
c.
The place or places of the permanent residence of the applicant for each of the preceding three years.
d.
A full description of the premises desired to be licensed, including a metes and bounds description of the lands constituting the premises together with a description of any building or improvements thereon, and a sketch, diagram or map of the lands desired to be licensed.
e.
A description of the type and size of any buildings to be maintained as a junk shop.
f.
A description of materials to be purchased or sold or stored in any junk shop or on any junk yard, or in which any junk dealer intends to deal.
g.
A statement of the number and places of arrests or convictions of crimes against the applicant and the nature of the offenses on which such arrests or convictions were made.
h.
A statement of the equipment to be used in the operation of the business and the method of operation.
i.
Application shall be accompanied by payment of the amount of the license fee for the period involved.
[Ord. 5/8/62, A3, § 3]
An applicant for a license shall cause notice of his application to be published twice in successive weeks at least once each week, in a newspaper published and circulating within the county, the first of which publications shall be at least ten days prior to the date for consideration of the application by the Township Committee and the applicant shall also file due proof of publication of the application with the Township Clerk prior to the date for consideration of the application.
[Ord. 5/8/62 A3, § 4]
The Township Clerk shall present any applications together with the fee accompanying the same and with proof of publication to the Township Committee at its next meeting following receipt of proof of publication from the applicant. In the event the license applied for shall be denied, the fee accompanying shall be returned less the sum of ten percent thereof to cover the cost of the investigation of the applicant.
[Ord. 5/8/62 A3, § 5]
If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business described in the application shall be endorsed in writing on the application, or otherwise annexed therein.
[Ord. 5/8/62, A4, § 1]
The Township Committee may consider the application for license at the meeting for which the application and proofs and fees are presented or it may set a date for a hearing to be held on the application at some reasonable time thereafter, which hearing, however, shall not be later than one month from the date of the Township Committee meeting considering the same, and at which hearing any objectors to the license may be heard and may present evidence as well as the applicant and those in support of the license.
[Ord. 5/8/62 A4, § 2; New]
If a date for hearing on the application for license is set, the Township Committee may investigate the applicant and the matters set forth in the application through its own officers, employees or representatives.
a.
Shall require the Chief of the Fire Department to make an inspection of the premises to determine whether the operations involved or the proposed location for the operation would constitute a fire hazard to the surrounding neighborhood. The Chief of the Fire Department shall make report in writing to the Township Clerk at least five days prior to the date of hearing, which report, if unfavorable, shall set forth the facts or evidence upon which an unfavorable recommendation is based.
b.
Cause an investigation to be made of the applicant by the Township Police Department or such other person or persons designated by the Township Committee to determine whether the applicant has ever been convicted of any violation of the criminal laws of the State of New Jersey, or of any other State of the United States, or the United States of America; or of any country. The Chief of Police or such other person or persons designated by the Township Committee shall make a report in writing as to whether he has found any violations of criminal law and shall set forth the nature of any violations ascertained and the date and place thereof in his written report which shall be filed with the Township Clerk at least five days before hearing thereon.
c.
The Township Committee shall also obtain a report in writing from the Township Tax Collector as to whether the applicant is in default in the payment of any taxes owing the Township at the time the application is filed, which report shall be filed with the Township Clerk at least five days before the date of hearing set for the application.
d.
The Township Committee shall investigate and consider as part of its determination for the issuance of a license any unreasonable depreciation of surrounding property of adjoining owners which might ensue from the establishment or maintenance of such a business at the location designated in the application. The proximity of schools, churches and public highways, the suitability of the applicant to receive the license, which shall include his arrest or conviction for criminal acts, public convenience and necessity, and social and aesthetic desirability shall also be taken in consideration of such application.
[Ord. 5/8/62, A4, § 3]
After considering all the evidence with respect to the application, the Township Committee may deny the license to the applicant for good cause revealed by the facts or evidence, and if any application for license is denied, the Township Committee shall state in writing the reasons for the denial forming the good cause found by the Township Committee denying license to the applicant.
[Ord. 5/8/62, A4, § 4]
The license when issued by the Township shall be displayed in a conspicuous place upon the premises at all times.
[Ord. 5/8/62, A4, § 5]
The Township Committee, after investigating and considering an application for license hereunder, or after hearing on the same, shall if the application subscribes to the provisions of this section, authorize the Township Clerk to issue a license to the applicant which shall be effective from the date of issuance to midnight of December 31 of the year in which issued.
[Ord. 5/8/62, A5]
All licenses granted under this section and all premises licensed hereunder shall be subject to the following regulations:
a.
No part of any premises licensed shall be located within 200 feet of any public road or street, or within 300 feet of the boundary line of any adjoining property owner.
b.
No part of any premises sought to be licensed shall be located within 500 feet from any private residence not owned by the applicant or any church or school.
c.
A junk yard shall be completely obstructed from view from the public road. In obstructing the view of the licensed premises from the public road, the licensee shall have at the time of the application, or shall construct within 60 days of the granting of any license and before storing of any junk, a solid board fence or any other solid material at least seven feet high from the ground and shall be built in such manner so as to obstruct visibility of the junkyard from any public street or public property from outside the enclosure. The fence or enclosure shall be painted with either a white or dark green paint and shall be maintained in good condition and kept in a good painted condition at all times. There shall be no advertisement allowed or any description or writing on the fence except the owner's name and description of the character of his business.
d.
The licensed premises shall be enclosed at the entrance and exists thereto and therefrom by a gate or gates which shall be securely closed and locked when unattended so as to preclude any entrance to the enclosure whenever the enclosure may be unattended.
e.
The remaining premises around the junkyard shall be obstructed from the view of adjoining owners so far as possible by a fence or shrubbery either seven feet or as of such height as may obstruct the view from surrounding property as best as may be done.
f.
No junk or rubbish or salvage material of any type shall be maintained outside the enclosure surrounding the licensed premises of any junk yard or outside of any junk shop licensed hereunder.
g.
No license issued hereunder shall entitle any licensee to operate under the license at, in, or on any lot, building, or location or any part thereof other than that specified in the license, and no license shall be assignable or transferable to any other person or party whatever.
h.
There shall be no burning of materials allowed on any licensed premises, except that this shall not prohibit the use of acetylene torches in salvaging or repairing any goods, motor vehicles, or other chattels on the premises or parts thereof. In the event that fires of accidental nature occur on the licensed premises in such numbers or such periods of time as to create a fire hazard to other properties or inhabitants of the Township , or otherwise occur so consistently or in such number as to become a nuisance to the Fire Department, the Township Committee may revoke the license granted after due hearing and notice thereof because of the hazardous nature or conduct of the business.
i.
No materials of an explosive nature shall be maintained or demolished on the licensed premises which shall be of such odorous nature as to be offensive to adjoining property owners or other inhabitants in the area of the licensed premises.
j.
The licensee shall take all reasonable measures to keep rats or other vermin from the licensed premises.
k.
The licensee shall maintain sufficient fire extinguishers on the licensed premises at all times, and shall also establish fire protection according to standards recommended by the National Board of Fire Underwriters for such premises. The licensee shall also report all fires to the Chief of the Township Fire Department, furnishing date, extent of fire and cause if known.
l.
No licensee hereunder shall purchase any goods, articles, or other materials whatever from any person under the age of 17 years.
m.
No licensee shall pile, stack or place junk above the level at the height of the fence enclosing a junkyard or otherwise in such manner as to create a fire hazard or to create a place for the harboring of rats, mice or vermin.
n.
The business of the licensee shall be operated in such manner as not to cause unreasonably loud noises that are either so consistent or so audible as to be a nuisance to other property owners or inhabitants in the neighborhood.
o.
No licensee shall knowingly buy, sell, receive, dispose, conceal or have in his possession any motor vehicle from which the manufacturer's serial number or any other number of identification mark has been removed, defaced, altered, covered, or destroyed with the apparent purpose of concealing the identity of such vehicle.
p.
All junk yard dealers shall keep books in which records are maintained of all purchases by the junk dealer, and which book shall be open to inspection by the Police Department in order to enable the Police Department to trace stolen goods. Such inspections by the Police Department, however, shall be made only upon the written authorization for such inspection from the Chief of Police or Police Commissioner of the Township .
[Ord. 5/8/62, A6]
Any license issued by the Township may be renewed each year thereafter without publication of notice of application by furnishing notice of intention to renew the license in writing to the Township Clerk at least 30 days prior to January 1, and upon the payment of the annual license fee of $240. No hearing shall be required for the issuance of any renewal license unless objections are filed in writing with the Township Clerk by an inhabitant or taxpayer of the Township against the renewal of the license. In the event a written objection is filed before renewal as herein provided, the Township Committee shall set a date for hearing and shall proceed to hear the objection and all evidence for and against the issuance of the license not later than 15 days from the beginning of the renewal period, and at the conclusion of the hearing the Township Committee may then determine whether to issue a renewal license or to deny the same if the evidence presented indicates sufficient cause by virtue of prior violations of this section by the licensee.
The Township Committee may authorize a temporary permit for such licensee until the hearing has been completed and the determination made so that the business of a licensee may not be suspended or interfered with unreasonably by filing of any written objections.
[Ord. 5/8/62, A7, § 1]
The Township Committee may revoke any license granted at any time during the period for which the license was issued on the Township Committee's own action, or on the objection of any taxpayer or inhabitant of the Township for good cause shown after a hearing provided to the licensee following complaint in writing and at least seven days notice to the licensee setting forth the grounds of complaint.
[Ord. 5/8/62, A7, § 2]
The licensed premises shall be open for inspection to the Police Department or the Township Board of Health at any reasonable time of day or night upon the proper authorization for such inspection by the Chief of Police or Police Commissioner of the Township , or health officer, or the Township Board of Health.
[Ord. 5/8/62, A8]
No licensee shall conduct any processing operations or purchases or sales of materials on the licensed premises after 8:00 p.m. and prior to 8:00 a.m. of the following day on weekdays, or at any time whatever on Sundays and legal holidays designated as New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.
[Ord. 5/8/62, A9; Ord. No. 2011-04, § 1; amended 9-2-2025 by Ord. No. 2025-15]
a.
The annual fees for each license issued shall be the sum of $500.
b.
Payment of the fees shall accompany filing of all applications or for any intention to renew thereafter. In the event application for license is denied or renewal license is denied, the fee shall be returned less 10% for the cost of the Township in investigating the same. In the event the license shall be revoked for good cause shown, or terminated voluntarily by the licensee, there shall be no refund of any portion of the license fee.
[Ord. 5/8/62, A10]
Any person violating, or refusing or neglecting to comply with any of the provisions of this section, shall upon conviction, be subject to a fine as stated in section 3-1 of Chapter 3. A continuance of a violation or a noncompliance with the provisions of this section shall be deemed a nuisance and the Township Committee shall have the right to apply to the courts of this state for injunctive relief or other relief in addition to the penalties prescribed herein.
[Ord. 8/33; Ord. 9/8/81; amended in entirety 3-5-2024 by Ord. No. 2024-03]
[Amended 3-5-2024 by Ord. No. 2024-03]
It shall not be lawful for any person to canvass, solicit nor call from house to house within the Township without having first applied for and obtained a license from the Township Clerk.
[Amended 3-5-2024 by Ord. No. 2024-03]
Before the license required by the preceding subsection may be issued, the canvasser, solicitor or vendor shall complete the application form maintained by the Township Clerk giving the following information as to each and every person intending to canvass and/or solicit:
a.
Full name, address and telephone number of each individual that will be canvassing, soliciting, or selling wares or services.
b.
Home address.
c.
Whether or not previously convicted of a crime.
d.
By whom employed and address of employer with telephone number and name of supervisor.
e.
Description of the project for which he or she is canvassing and/or soliciting
f.
Whether the employer has conducted a background check of each and every person intending to canvass, solicit or call house to house.
Each applicant shall provide the Township Clerk with a current photograph of each canvasser, solicitor, or vendor selling wares or services, which photograph reasonably resembles each individual that will call house to house, before a permit shall be issued. Applicants that conduct in-house background checks of individuals or agents that canvass, solicit, or call from house to house on their behalf should provide the Township Clerk with copies of background check reports as part of the application process.
[Amended 3-5-2024 by Ord. No. 2024-03]
The Township Clerk shall have the power to grant the license required by subsection 4-3.1 upon payment by the applicant of the proper fee set forth in subsection 4-3.6. The Township Clerk shall refuse to issue a permit in all cases where the application upon its face, or upon further investigation, to be made at the discretion of such officer, shows that the canvasser or solicitor is not of good character or that he is canvassing for a project that is questionable or not free from fraud; but in no event shall a license be issued for a period of more than 30 calendar days. A license may be renewed for good cause upon payment of the appropriate permit fee.
[Amended 3-5-2024 by Ord. No. 2024-03]
Every license shall remain in force and be valid only for the time therein expressed and shall apply only to the person to whom granted and shall not be transferable.
[Amended 3-5-2024 by Ord. No. 2024-03]
Any person to whom such license is granted is hereby required to exhibit the license whenever called upon to do so by any law enforcement officer, Lafayette Township official, or resident being canvassed or solicited. Any licensee under this section shall also be required to carry a copy of the license with them at all times any agent or employee of the applicant is actively canvassing, soliciting, or calling from house to house within the Township.
[Amended 3-5-2024 by Ord. No. 2024-03]
The license fee under this section shall be the sum of $50. Such permit fee shall not be refundable in the event of revocation.
[Amended 3-5-2024 by Ord. No. 2024-03]
Licensees shall comply with the following regulations:
a.
If a vehicle is to be used, proof of ownership and compliance with current registration and insurance requirements shall be submitted with the application.
b.
No licensed vendor shall in the conduct of his business park any vehicle on any public street, road or other public place longer than five minutes in any one location; nor shall any such vehicle be parked at any location in such a manner as to impede the flow of traffic, interfere with the visibility of intersections or curves or otherwise create any hazard to the public.
c.
No person shall canvass, solicit or call from house to house within the Township except Monday through Saturday between the hours of 9:00 a.m. and 5:00 p.m., nor shall such activity be conducted by any licensee on any legal holiday. A copy of the licensee's photograph, furnished by the licensee, shall be carried by the licensee, affixed to the license and the licensee shall exhibit his or her photograph upon a company identification badge openly visible to the public. He or she shall be courteous to all persons in canvassing and shall not disturb or annoy any of the residents of the Township and shall at all times conduct himself or herself in a lawful manner. If at any time a resident should ask the licensee to leave their premises, the licensee shall do so in an expeditious manner. On expiration of the permit, the holder shall surrender the license to the Township Clerk.
[Amended 3-5-2024 by Ord. No. 2024-03]
The Township Clerk shall revoke any license issued under the provisions of this section for failure or refusal on the part of the licensee to observe the regulations set forth in this section.
[Amended 3-5-2024 by Ord. No. 2024-03]
a.
This section shall not affect 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 ordering or entitled to receive the same, nor shall it apply to any person engaged in activities on behalf of a charitable or religious association or any community, civic or political organization.
b.
Notwithstanding such exception, canvassing, soliciting or calling from house to house by any noncommercial individual or entity engaged in activities on behalf of a charitable or religious association or any community, civic or political organizations are limited to Monday through Saturday between the hours of 9:00 a.m. and 9:00 p.m., and such activity shall not be conducted on any legal holiday.
c.
Notwithstanding such exception, any person engaged in noncommercial canvassing activities on behalf of a charitable or religious association or any community, civic or political organization must carry a photo identification along with documentation issued by the organization to establish that such canvassing is sanctioned by that organization. Any person performing canvassing, solicitating, or calling from door to door is hereby required to exhibit the photo identification and organization documentation whenever called upon to do so by any law enforcement officer, Lafayette Township official, or resident being canvassed or solicited. He or she shall be courteous to all persons in canvassing and shall not disturb or annoy any of the residents of the Township and shall at all times conduct himself or herself in a lawful manner. If at any time a resident should ask the canvasser to leave their premises, the canvasser shall do so in an expeditious manner.
[Amended 3-5-2024 by Ord. No. 2024-03]
Residents may elect to be included on a list maintained by the Township Clerk that excludes all canvassing, soliciting or calling from house to house at their residence. In the event any resident of the Township requests that their address be removed from visits by all canvassers or solicitors, the list shall be provided to the licensee at the time the license is approved by the Township Clerk and the licensees shall refrain from visiting these addresses. Failure of a canvassers, solicitors or individual/entity calling from house to house to honor the non-solicitation list may result in revocation of any license issued pursuant to Subsection 4-3.8.
[Ord. 7/41; New]
No slaughterhouses or other business establishment where animals are slaughtered for sale shall be established, maintained or operated in the Township except those existing at the time of adoption of this code.
[Ord. 8/1/00, § 1]
a.
Any charitable organization conducting solicitations pursuant to this section shall comply with all regulations promulgated by the Department of Transportation including those set forth in N.J.A.C. 16:40-1.1 to 16:40-11.1 and any future amendments.
b.
Any charitable organization conducting solicitations pursuant to this ordinance shall, in addition to any other notice required by law, provide notice to Lafayette Township by providing the Township Clerk with a copy of the application referenced in N.J.A.C. 16:40-4.2. A copy of this application would be provided to the Township contemporaneous with its filing.
c.
This section does not authorize any charitable solicitations other than those which are governed by the Department of Transportation under regulation and through the permit procedure as set forth in N.J.A.C. 16:40-1.1 to 16:40-11.1.
d.
The Barracks Commander of the New Jersey State Police, Sussex Station, located in Augusta, New Jersey or his designee, is hereby authorized to sign the permit referenced in N.J.A.C. 16:40-4.2(d) on behalf of Lafayette Township. Lafayette Township has consulted with the Barracks Commander and it is understood that the State Police from the Sussex Station will be responsible for supervising the solicitation and enforcing the terms of the charitable solicitation permit.
e.
All charitable solicitations conducted along a roadway or right-of-way pursuant to this section shall be limited to coin tosses using blankets located off the traveled way.
[Ord. 8/1/00, § 2]
With the passage of this section permission is hereby granted to the Lafayette Township Fire Department to conduct a coin toss on Route 15 directly in front of the Lafayette Fire Department building and in the parking area of the Lakeland-Andover School on a seasonal basis and in accordance with all regulations promulgated by the Department of Transportation and the general provisions set forth in this section.