[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:
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.
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.
Any person who goes from door to door of residences for the
express purpose of selling merchandise.
Any individual, firm, partnership, corporation, organization,
club, association, or any principal or agent thereof.
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.
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:
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.
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.
Written approval provided by the Town of Secaucus pursuant
to this Article.
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.
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.
