Town of Secaucus, NJ
Hudson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 2-13-91 by Ord. No. 91-5. Amendments noted where applicable.]
Editor's Note: Previous ordinances codified herein include Ordinance Nos. 9-8-53, 8-11, 82-40, 85-40 and 89-40.
It is the purpose and intent of this chapter to regulate the activities of peddlers/door-to-door salespeople and canvassers/ solicitors who go from door to door of residences within the Town of Secaucus, in order to protect the general public relative to their safety and welfare and for the prevention of fraud, crime, unethical and dishonest business practices and the solicitation of funds.
As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER/SOLICITOR
Any person who goes from door to door of residences in the course of promoting an idea, a political position, opinion, seeking adherents or in any other way exercising the First Amendment Right to speak to persons or residents. A canvasser/solicitor may or may not seek funds, donations or contributions, or sell merchandise, or seek adherents, however, such activities shall be incidental to the promotion of such idea, political effort, or in exercising the First Amendment Right.
MERCHANDISE
All goods, wares, magazines, periodicals, services and orders or contracts for services, home improvements or alterations, or anything that is offered for sale by any person.
PEDDLER/DOOR-TO-DOOR SALESPERSON
Any person who goes from door to door of residences for the express purpose of selling merchandise.
PERSON
Any individual, firm, partnership, corporation, organization, club, association, or any principal or agent thereof.
RESIDENCE
Any home, house, apartment, and the like, where persons, people or families live, reside or domicile, regardless of whether the same are in residential or nonresidential areas.
RESIDENT
Any person living in a residence.
A. 
It shall be unlawful for any peddler/door-to-door salesperson or canvasser/solicitor to go from door to door of residences in the Town of Secaucus unless such peddler/door-to-door salesperson or canvasser/solicitor has obtained a license therefor from the Secaucus Police Department in accordance with this chapter and complies with all other provisions hereunder, unless such person is exempt from such licensure as provided hereunder. Persons who are otherwise deemed peddlers/door-to-door salespeople or canvassers/solicitors hereunder whose activities are limited exclusively to calling on businesses only but not residences, shall not be required to obtain a license hereunder.
B. 
Licenses issued hereunder shall be carried on the person engaged in canvassing/soliciting or peddling/door-to-door selling, as the case may be, and while engaged in such activity, upon demand, such person shall show the same to any police officer or citizen of the town.
A. 
Application procedure for persons requiring license.
(1) 
Licenses for all peddlers/door-to-door salespeople: All persons seeking to procure a peddler/door-to-door salesperson's license shall submit an application therefor to the Secaucus Police Department which shall disclose the following information:
(a) 
(i) 
The applicant's name and address of present place of residence and the length of residence at such address.
(ii) 
The applicant's address or place of residence during the past three years, if other than the present address.
(iii) 
Date and place of birth of the applicant.
(iv) 
Social security number of the applicant.
(v) 
Driver's license number of the applicant.
(vi) 
Name and address of the person (firm, partnership, organization, club, corporation or association) by whom the applicant is employed or represents; and the length of time of such employment or representation.
(vii) 
Names, addresses, and phone numbers of the applicant's employers during the past three years, if other than the present employer.
(viii) 
A description of the merchandise to be sold or offered for sale.
(ix) 
All occasions when such applicant and person by whom he/she is employed or represents has been issued a peddler/door-to-door type license in this Town of Secaucus or any other jurisdiction.
(x) 
Whether the applicant has ever been denied a peddler/door-to-door license or had such license suspended or revoked in another jurisdiction, and the facts relating to the same.
(xi) 
Has the applicant or the person by whom the applicant is employed or represents ever been convicted of a crime, or disorderly persons offense other than a traffic offense in this or any jurisdiction? If yes to either question, state the facts of all instances. Are any charges currently pending?
(xii) 
Period of time for which the license is applied.
(b) 
Said application shall be accompanied by:
(i) 
A notarized written statement from the individual firm or corporation employing the applicant certifying that the applicant is authorized to act as the employer's representative for the purpose stated in said application, if applicable.
(ii) 
The Secaucus Police Department shall photograph and fingerprint the applicant, and attach the same to the application.
(iii) 
Fee of $40 plus that amount required to be remitted by the town to the appropriate state or federal office where fingerprints are processed. Applications submitted on or after July 1 of any year shall be accompanied by a fee of $20 plus that amount required to be remitted by the town to the appropriate state or federal office where fingerprints are processed.
(2) 
Licenses for all canvassers/solicitors: All persons seeking to procure a canvassing/soliciting license shall submit an application therefore to the Secaucus Police Department which shall disclose the following information:
(a) 
(i) 
The applicant's name and address of present place of residence and the length of residence at such address.
(ii) 
The applicant's address or place of residence during the past three years, if other than the present address.
(iii) 
Date and place of birth of the applicant.
(iv) 
Social security number of the applicant.
(v) 
Driver's license number of the applicant.
(vi) 
Name and address of the person (firm, partnership, organization, club, corporation or association) by whom the applicant is employed or represents; and the length of time of such employment or representation.
(vii) 
Name, address, and phone number of the applicant's employers during the past three years, if other than the present employer.
(viii) 
A description of the merchandise to be sold or offered for sale and/or the purpose of seeking donations or contributions, if applicable.
(ix) 
All occasions when such applicant and person by whom he/she is employed or represents has been issued a peddler/door-to-door or canvasser/solicitor type license in the Town of Secaucus or any other jurisdiction.
(x) 
Whether the applicant has ever been denied a peddler/door-to-door or canvasser/solicitor license or had such license suspended or revoked in this or another jurisdiction, and the facts relating to the same.
(xi) 
Has the applicant or the person by whom the applicant is employed or represents ever been convicted of a crime or disorderly persons offense other than a traffic offense in this or any jurisdiction? If yes to either question, state the facts of all instances. Are any charges currently pending?
(xii) 
Period of time for which the license is applied.
(b) 
(i) 
Said application shall be accompanied by:
a. 
A notarized written statement from the individual firm or corporation employing the applicant certifying that the applicant is authorized to act as the employer's representative for the purpose stated in said application, if applicable.
b. 
A photograph of the applicant taken by the Secaucus Police Department.
c. 
Although a license is required, no fee shall be imposed.
B. 
Special exemptions for canvassers/solicitors: If a canvasser/solicitor believes that the obtaining of a license otherwise required hereunder impedes, restricts, frustrates, hampers, or in any way acts to limit, reduce or thwart the efforts of such person in exercising his/her First Amendment Rights, such person shall provide a written explanation to the Police Chief or his designee, on such form as provided by the Police Chief or his designee, setting forth the reasons therefor, and the Police Chief or his designee shall make a determination of this request within five business days of such submission. Such form shall require such information that is sufficient to identify the person and the purpose for his/her canvassing/soliciting.
The Police Chief or his designee may require such person to meet with the Police Chief or his designee for an interview. The Police Chief or his designee shall consider such request balancing the public need to regulate the activity of canvassing/soliciting with respect to the protection of the general public relative to their safety and welfare, and prevention of fraud, crime, unethical and dishonest practices in the collection of funds with the individual's fundamental First Amendment Rights. The Police Chief or his designee shall either:
(1) 
Deny such person's request in writing with the reasons therefor and require the applicant to complete the full application and the same shall be the basis of whether a license hereunder shall be issued, or
(2) 
Provide a letter to such person exempting such person from a license hereunder, but may impose such conditions and restrictions as he/she deems necessary and appropriate. Such letter shall bear the letterhead of the Secaucus Police Department and contain the original signature of the Police Chief or his designee and, upon demand, shall be shown to any police officer or citizen.
C. 
Exemptions for canvassers/solicitors: The following persons shall not be required to obtain a license hereunder:
(1) 
Announced candidates for local public office, announced candidates for Hudson County public office, State of New Jersey public office, or United States public office wherein such residence is within the voting district of such candidates; persons or members of any school, charitable or religious society, political or civic organization, benevolent society or organization not for profit which is located in the Town of Secaucus are expressly exempt from obtaining a license hereunder. However, all such persons shall carry on their persons at all times while engaged in the activities otherwise regulated hereunder, such identification which allows them to qualify for such an exemption as stated herein and, while engaged in such canvassing/soliciting, upon demand, show same to any police official or citizen.
(2) 
Persons who have an appointment with a resident; that is, the resident is expecting the caller, having made prior arrangements.
(3) 
Persons engaged in the distribution of pamphlets, leaflets, literature, etc. to residences by merely distributing same without knocking on doors and ringing bells of houses, and not engaged expressly in any sales activities or solicitations.
(4) 
Persons accompanying any person licensed hereunder, or persons accompanying any person exempt hereunder who are not directly or indirectly engaged in any activity subject to licensure hereunder.
(5) 
Any person holding a license or permit issued under any legislation of the United States Government or by any agency of the State of New Jersey pursuant to statute, which authorizes such persons to engage in the activity otherwise requiring a license hereunder.
D. 
Other exemptions:
(1) 
Exemptions for payment of fee for peddler/door-to-door salespeople. The following persons are required to be licensed hereunder, but are expressly exempt from the payment of any licensing fee; such persons claiming an exemption from the fees established herein shall file an application in accordance with this chapter and include therein the basis for such exemption:
(a) 
Any person honorably discharged from the military services of the United States, possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 24-10.
(b) 
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 24-10, possessing a license in conformity with said law.
A. 
When the application is filed properly with the Secaucus Police Department, the Chief of Police or his designee shall make or cause to be made, no later than five days after said filing, an investigation of the applicant and, if applicable, the person, firm, corporation or association for whom the applicant is employed or which he represents, as the Chief of Police deems necessary for the protection of the public good.
B. 
Applications shall be completed and written decisions relating thereto shall be made as soon as is practical, but in no event shall an application be pending for a canvassing/soliciting license for more than five business days or for a peddling/door-to-door salespersons license for more than 20 business days, except in instances where the Secaucus Police Department is awaiting fingerprint identification, in which case the Secaucus Police Department shall decide on application within three days of the receipt of such fingerprint identification.
C. 
Disapproval or approval of application.
(1) 
If, as a result of such investigation, the Chief of Police or his designee determines that the applicant's character or the responsibility of the business for which he/she is employed is found to be of such a nature that it would not be in the public's best interest to have such person engaged in the activity for which he/she has applied having considered the need of the general public relative to their safety and welfare and for the prevention of fraud, crime, unethical and dishonest business practices and/or the solicitation of funds, the Chief of Police or his designee shall set forth on such application his disapproval and the reasons therefor. Any determination by the Chief of Police or his designee that an application is unsatisfactory shall be based on his consideration of the following with respect to the applicant or his principal:
(a) 
Conviction(s) of a crime involving moral turpitude or dishonesty.
(b) 
Prior violation(s) of a peddling or soliciting type ordinance.
(c) 
Previous fraudulent acts or conduct.
(d) 
Record or documentation of breaches of solicited contracts, or any violation of the New Jersey Consumer Fraud Act or the Administrative Regulations adopted pursuant thereto.
(e) 
Any factor which would threaten the health, safety or welfare of general public.
(2) 
In the absence of any such findings of said considerations as set forth in § 99-6C(1), the Chief of Police or his designee shall find the application satisfactory and shall endorse his approval on the application.
All persons going door-to-door, regardless of their classification hereunder, shall not canvass, solicit, knock on doors, ring doorbells, or in any way seek to become in contact with any person at any residence where there is a sign which states "No Solicitors," "Solicitors Not Welcome," "Do Not Disturb," or signs of a similar import or message which intend expressly to exclude the activity to which such person is engaged.
All licenses issued hereunder shall expire on December 31st of the year issued; no license shall be issued for a term exceeding one year from the date of issuance.
A. 
Licenses issued under this chapter may be revoked by the Chief of Police or his designee for any of the following causes, provided that such licensee shall be afforded a full hearing, with reasonable notice thereof, based upon written charges:
(1) 
Fraud, misrepresentation, false statement or a material incorrect statement contained in the application for the license.
(2) 
Fraud, misrepresentation, false statement or a material incorrect statement while engaged in the activities regulated herein.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor.
(5) 
Engaging in the activities regulated herein in any unlawful manner in violation of this chapter or in such manner as to constitute a menace to the health, safety or general welfare of the public.
(6) 
Any improper conduct, violation of law set forth in § 99-6C(1).
(7) 
Any factor which would threaten the health, safety or welfare of the general public.
Such notice shall be given within five days personally to the licensee or by certified mail (return receipt requested) to the address set forth in his/her application or such licensee's last known mailing address.
B. 
Should the Chief of Police or his designee determine that it would be in the best public interest to revoke immediately such licensee's license issued hereunder in order to protect the general public's safety and welfare, and for the prevention of fraud, crime, unethical and dishonest selling practices, and/or solicitation of funds, same may be revoked immediately and a hearing scheduled in such manner as provided in § 99-8A.
C. 
Any person who shall be denied a license, have a license revoked, or be aggrieved by any decision of the Chief of Police or his designee pursuant to this chapter may, within 10 days of notice of any such decision or determination, file an appeal with the Mayor and Council of the Town of Secaucus by providing the Town Clerk notice of such appeal and a written statement setting forth the basis of such appeal. The Mayor and Council shall conduct a public hearing within 10 business days of the notice, and render a decision within five business days of such hearing. The Mayor and Council may affirm or reverse the subject determination, or remand the matter back to the Chief to act in conformity with any determination made by the Mayor and Council at such hearing.
In addition to the revocation or suspension of the license issued under this chapter, any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Adopted 5-13-14 as Ord. No. 2014-16]
Charitable organizations shall be permitted to solicit contributions in the roadways controlled by the Town of Secaucus in accordance with N.J.S.A. 39:4-60. Charitable solicitation shall not be permitted on roadways determined to be inappropriate by the Town of Secaucus in the interest of public safety.
The following words and terms, when used in this Article, shall have the following meanings, unless the context clearly indicates otherwise:
CHARITABLE ORGANIZATION
Any person determined by the Federal Internal Revenue Service to be a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3), or any person who is, or holds himself or herself out to be, established for any benevolent, philanthropic, humane, social welfare, public health, or other charitable purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety, or any person who in any manner employs a charitable appeal as the basis of any solicitation, or an appeal, which has a tendency to suggest there is a charitable purpose to any such solicitation.
CHARITABLE PURPOSE
Any purpose described in section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3), or any benevolent, philanthropic, humane, social welfare, public health, or other charitable objective, or an objective that benefits law enforcement personnel, firefighters, or other persons who protect the public safety.
CHARITABLE SOLICITATION APPROVAL
Written approval provided by the Town of Secaucus pursuant to this Article.
ROADWAY
A road owned, taken over, controlled, built, maintained, or otherwise under the jurisdiction of the Town of Secaucus, and includes any public right-of-way, whether open or improved or not, and any property, property rights and easements owned and controlled by the Town of Secaucus.
TOWN
Refers to the Town of Secaucus located in the County of Hudson, State of New Jersey.
A. 
No person shall solicit charitable contributions on a roadway or intersection thereof without approval from the Town.
B. 
Charitable solicitation approval shall be granted only to charitable organizations soliciting for charitable purposes.
C. 
Solicitation shall only be permitted during daylight hours and limited to the hours specified in the approval.
D. 
Solicitation shall be subject to the specific terms and conditions of each approval granted.
E. 
Approvals shall be in possession of the solicitor during all times of solicitation and be available for inspection by local, county, and state police enforcement personnel. A representative of the charitable organization over the age of 18 must be present for the duration of the solicitation event and provide contact information to the Town as to how they can be reached during the event.
F. 
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 or any traffic control device, either portable or permanent, shall be prohibited.
G. 
The Chief of the Secaucus Police Department or his designee, the State Police or the County Sheriff may suspend or cease solicitation operations at any time if any condition of the approval is violated, or, if in their sole discretion, traffic is being impeded or delayed, public safety is at risk or the location is deemed unsafe at that time.
H. 
The Town shall not be liable in any civil action for damages to property or personal injury arising out of the solicitation activity conducted by charitable organizations in the roadways or ancillary to such.
A. 
Applicants for charitable solicitation approval shall complete a form specified by the Town and submit it to the Secaucus Police Department for review. There shall be no application fee charged to the charitable organization.
B. 
All applications shall be submitted by the charitable organization 15 days, or as soon as practicable, prior to the charitable solicitation event.
C. 
All applications shall be reviewed and either approved or denied by the Police Chief or his designee within 10 days of its submission in complete form.
D. 
The application form and any approval(s) shall specify the location, date(s)/duration, and time(s) of proposed charitable solicitation. One application form may cover multiple dates or seasonal requests during the same calendar year.
E. 
Approval by the Chief of the Secaucus Police Department or his designee may impose special conditions to preserve and protect the public safety and the free flow of traffic on its roadways.
F. 
The Chief of the Secaucus Police Department or his designee may deny charitable solicitation approval if in their sole discretion, traffic will be impeded or delayed, public safety will be at risk, the safety of participants will be at risk, the location is deemed unsafe, the location is unavailable due to construction or other reasons, if any safety requirements as set forth in this Article are not met, or if proper and complete information on the application is not provided.
G. 
An applicant who has been denied charitable solicitation approval may appeal by submitting a written request for reconsideration within 10 days of denial to Town Administrator. The appeal shall consist of a review of the written materials, and an informal meeting with representatives of the charitable organization if desired by the reviewer. A written decision shall be rendered to the organization within 10 days of either receipt of the appeal, or after the meeting, if one is held, whichever is later.
A. 
All solicitors shall wear properly sized safety vests labeled as meeting the ANSI 107-2004 (or later) Class 2 or 3 high visibility apparel.
B. 
Parking of vehicles shall comply with applicable traffic regulations, and off-site parking is recommended.
C. 
Solicitors shall not install, alter or disregard any traffic control devices.
D. 
Solicitors shall not impede, stop or delay traffic. Traffic must be stopped before solicitation can begin and cease when traffic begins movement.
E. 
The charitable organization shall be responsible for cleaning up any debris, garbage or litter from the roadway that arose out of the solicitation activity.
F. 
Solicitors shall not drink alcoholic beverages, use drugs, or be under the influence of drugs or alcohol when soliciting.
G. 
Solicitors shall not harass, annoy, threaten, coerce or alarm motorists or the public.
H. 
Signs advertising the roadway solicitation are permitted, but they must be of a temporary construction, break-away and a maximum of 16 square feet. Signage shall be in accordance with the latest "Manual on Uniform Traffic Control Devices" and not create a distraction to motorists. All signs warning, noticing, or advertising a solicitation shall be removed immediately following the solicitation event.
In addition to the revocation or suspension of the approval issued under this Article II, any person who violates any provision of this Article II, upon conviction thereof, shall be punished by a fine not to exceed $100 for each day of such violation. Enforcement may be completed by the Secaucus Police Department, State Police or County Sheriff.
All ordinances or parts of ordinances inconsistent or in conflict with this chapter are hereby repealed as to said inconsistencies or conflicts.
If any provision or portion of a provision of this chapter is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated.