[HISTORY: Adopted by the Council of the Township of Monroe
7-2-79 by Ord. No. 393. Amended in its entirety 12-28-2012 by Ord. No. O-12-2012-040; 12-28-15 by Ord. No. O-12-2015-026. Subsequent amendments noted where applicable.]
This chapter is adopted with the intent to regulate peddling,
soliciting, and related activities within the Township of Monroe;
and the registration of persons engaged in commercial or for profit
solicitation activities is necessary so that the identity of persons
going from door to door to distribute advertisements or sell merchandise
within the municipality may be established, so that general regulations
may be more effectively enforced for the protection and maintenance,
health, safety and welfare of the inhabitants of the Township and
to prevent dishonest business practices and dishonest solicitation
of funds.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Township any newspapers, periodicals,
books, magazines, handbills, circulars, cards, pamphlets or printed
material of any kind which are distributed for the purpose of selling
or delivering merchandise to customers.
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed advertisements, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors, as defined herein.
Any person, whether a resident of the Township or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance
and carrying or transporting merchandise for the purpose of selling
and delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
Any person, whether a resident of the Township or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance
and soliciting, taking or attempting to take orders for the sale of
merchandise or services of any kind for future performance or delivery,
whether or not such individual has, carries or exposes for sale a
sample of the merchandise or services and whether or not he is collecting
advance payments on such sales or orders, or who engages in any of
the foregoing activities from a stationary location on any street
or other public place. The word "solicitor" shall also include the
word "canvasser" or any person who goes from door to door, as described
above, for the purpose of soliciting and/or who collects funds from
a stationary location on any street or other public place.
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor," who merchandises or
sells with the intent to close out or discontinues such business within
a period of one year from the date of commencement and who occupies
a room, building, tent, lot or other premises for the purpose of exhibiting
or selling merchandise.
It shall be unlawful for any peddler, solicitor, distributor
or transient merchant to sell, offer for sale or distribute any merchandise,
advertisements or services for commercial purposes within the Township
without first applying for and being granted a solicitation permit
from the Township of Monroe. This section does not apply to any solicitation
or canvassing activities for charitable, political, religious, nonprofit
organizations or other noncommercial purposes.
A.
Any person required to obtain a permit under § 77-3 shall apply to the Township Clerk for a solicitation permit.
B.
An applicant for a solicitation permit shall be required to provide
the following information in writing:
(1)
The name of each individual who will engage in solicitation within
the Township of Monroe;
(2)
The present address of each individual who will engage in solicitation
within the Township of Monroe;
(3)
As to each such individual, whether the individual has ever been
arrested or convicted of a crime, offense or violation and if so,
the nature of the conviction, where convicted, the date of conviction,
and the penalty imposed;
(4)
The employer or organization for which solicitation will be made;
(5)
The address of the employer or organization;
(6)
The telephone number of the employer or organization;
(7)
The name of a contact person at the offices of the employer or organization;
(8)
The type of goods or services to be sold, or the type of survey or
research to be conducted;
(9)
As to any vehicle to be used by the applicant, the make, model, year,
color and license plate information of the vehicle or vehicles;
(10)
The expected dates of solicitation within the Township of Monroe;
(11)
The names of other municipalities in New Jersey where the applicant
has been issued and or "denied" a permit to solicit or peddle in the
past two years; and
(12)
If the applicant intends to go from house to house or place to place,
the application shall be accompanied with two passport-size photographs
for each person on the application.
C.
An applicant for a solicitation permit shall also be required to
produce any Government issued, State or Federal photo identification,
which the Township Clerk will photocopy and attach to the application
form.
D.
The application form shall be signed by the applicant, under penalty
or perjury.
E.
Application forms, including photographic identification, shall be
retained by the Township Clerk.
F.
Misrepresentation, false statements, or failure to disclose information
on the solicitation permit application form shall constitute a violation
of this chapter.
G.
The application must be completed in a clear and legible manner to
avoid prolonging the process.
Once the application has been submitted to the Township Clerk,
it will then be forwarded to the Chief of Police with all accompanying
information. The Chief of Police or designee shall perform a background
check of the applicant(s) and investigate the information submitted
by the applicant(s) and approve or deny the application within 14
business days.
Any application can be denied if the applicant, or the individual
who will engage in solicitation, (a) has been convicted of crimes
involving moral turpitude, dishonesty, violence, theft or burglary
which occurred in the past 10 years, (b) is under indictment for any
such crime, (c) has been found guilty of violating this chapter or
similar ordinances within the past five years, or (d) if any statement
or information contained in the application is false. If the application
is denied, the Chief of Police shall set forth in writing his reasons
therefor which statement of reasons shall be submitted to the applicant.
A permit shall be issued to all approved applicants. The permit
shall be signed by the Township Clerk. A separate badge shall be issued
to each individual who engages in solicitation within the Township.
A.
Upon approval by the Police Department and payment of fees with the Township Clerk as set forth in the Township Code, Section 39-3B (6) the Township Clerk shall issue to the applicant a permit and individual badges for each individual submitted on the application. The badge shall contain the name of the individual, photo, the name of the company or organization, the purpose for which the permit was issued, the date of issuance and date of expiration.
B.
Every individual licensed pursuant to the provisions of this section
shall display the badge at all times while engaged in the peddling
and soliciting process while in the Township. Every licensee shall
produce the badge at the request of any police officer of the Township
or resident.
C.
All licenses and badges shall be valid for the requested time period
as stated on the license, but not to exceed the current calendar year
ending 12/31/XX.
D.
No license or badge is transferable or assignable to any other individual.
E.
All licenses and badges must be surrendered at expiration and/or
the end of the calendar year, whichever comes first.
A.
Permit issued under the provisions of this chapter may be revoked
by the Township Clerk and/or Police Department after notice and hearing
for any of the following causes:
(1)
Fraud, misrepresentation or a material incorrect statement contained
in the application of a permit.
(2)
Fraud, misrepresentation or a material incorrect statement made in
the course of carrying on his business as solicitor, peddler, distributor
or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, solicitor, distributor or transient
merchant in an unlawful manner or in such a manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
B.
Notice of the hearing for revocation of a permit shall be given by
the Township Clerk in writing setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the holder of the permit at the address
given on the application at least five days prior to the date set
for the hearing or shall be delivered by the agent to the Township
in the same manner as a summons at least three days prior to the date
set for the hearing.
C.
Upon revocation the permit and all badges shall be surrendered to
the Township Clerk.
Any person aggrieved by the denial or revocation of a license,
as provided in this chapter, shall have the right of appeal to the
Township Council. Such application shall be taken by filing with the
Township Council, within 14 days after the notice of the action complained
of has been mailed to such person's last known address. The appeal
to the Township Council must include a written statement setting forth
fully the grounds for the appeal. The Township Council shall set a
time and place for hearing on such appeal. The Township Clerk shall
provide notice of the hearing. Such notice shall be mailed, postage
prepaid, to the applicant at the address given on the application
at least five days prior to the date set for the hearing. The decision
of the Township Council on such appeal shall be final and conclusive.
No person or permit/badge holder shall:
A.
Peddle, distribute merchandise or advertisements, or solicit for
other commercial purposes except between the hours of 8:00 a.m. and
6:00 p.m., or solicit for charitable, political, religious, nonprofit
organizations or other non-commercial purposes except between the
hours of 8:00 a.m. and 9:00 p.m., unless specifically having been
invited into a house by the occupant or having made an appointment
with a person previously.
B.
Attempt to peddle, solicit or distribute merchandise or advertisements,
or conduct any solicitation for commercial purposes without first
having identified himself as a peddler, solicitor or distributor registered
with the Township and displaying his badge.
C.
Have exclusive right to any location in the public streets or operate
in any congested area where his operations impede or inconvenience
the public.
D.
Enter or attempt to enter the home of any resident of the Township
without an express invitation from the occupant of the house.
E.
Conduct himself/herself in such a manner as to become objectionable
to or annoy an occupant of any house.
G.
Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
H.
Litter the streets, public places or properties within the Township
with any merchandise or printed material.
I.
Violate New Jersey's Charitable Registration and Investigation Act,
if applicable.
J.
Conduct any kind of solicitation, commercial or noncommercial, at
any private residence where a "No Solicitation" sign is posted on
the property.
[Added 4-6-2020 by Ord. No. O-3-2020-005]
A.
A registry shall be established in the Township Clerk's office
which contains a list of addresses of those premises where the owner
or occupant has notified the Township Clerk that they wish to prohibit
persons and entities from canvassing, soliciting, peddling, itinerant
vending or attempting door-to-door sales on their premises.
(1)
Any owner or occupant who requests their property be listed
on the Do Not Knock Registry shall submit a Do Not Knock Registry
request form to the Township Clerk. The form is available in the Office
of the Township Clerk and on the Monroe Township website. There shall
be no charge for registering.
(2)
A resident shall remain on the registry until a written request
is made to the Township Clerk to have the residence removed from the
registry.
(3)
The list of addresses on the Do Not Knock Registry shall be
available at the Township Clerk's office during normal business
hours.
(4)
Any vendor shall be obligated to obtain a current up-to-date
copy of the registry. It is, therefore, the obligation of the canvasser,
solicitor, peddler, itinerant vendor or door-to-door salesperson to
have the most up-to-date list from the registry. The Township Clerk
shall provide any person seeking to canvass, solicit, peddle, act
as an itinerant vendor or undertake any door-to-door sale with a copy
of the current registry.
B.
Exceptions. These provisions shall not be applicable to the delivery
or personal solicitation of:
(1)
Mail, parcels or packages by and in accordance with the rules
of the United States Postal Service;
(2)
Parcels, packages and materials delivered by a commercially
recognized courier service or overnight express delivery agency, such
as, by way of example, Federal Express or United Parcel Service;
(3)
Newspapers and other publications and periodicals if subscribed
to by the owner or occupant of the recipient premises, provided same
are placed firmly in a receptacle designed for such purpose, or, in
the absence of such receptacle, tightly wrapped to prevent blowing
or scattering upon the recipient premises or adjacent areas;
(4)
Delivery of laundry, dry cleaning, dairy, bakery and similar
food products and commercial product sampling by agreement with or
invitation of the owner or occupant of the recipient premises;
(5)
Personal delivery or drop off of noncommercial handbills of
a political, charitable, or religious nature whose distribution is
or may be protected by constitutional rights of free speech, provided
that same are packaged and placed in such a manner as not to blow
and scatter upon the recipient premises or adjacent areas.
The following persons or organizations are exempt from the payment
of a fee upon compliance with all other provisions of this chapter
and submission of applicable identification and documents to support
the claim to 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 in N.J.S.A. 45:24-9 and 24-10, possessing a license in
conformity with said law.
C.
Any public utility, or its employees, which is subject to regulation
by the State Board of Public Utility Commissioners; provided, however,
that such employees shall display the identification badge or card
issued by their employer.
D.
Any person selling fruits and farm products grown by himself, with
or without the help of others.
Any person who violates or fails or neglects to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine or penalty of not more than $500 or imprisonment
for a term of not to exceed 90 days, or both, in the discretion of
the court. Each and every time a violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
by a like fine or penalty.
