The Borough Council desires to regulate the activities of canvassers,
solicitors, peddlers and hawkers within the Borough in a manner so
as to protect against fraudulent and criminal activity and to ensure
to the Borough's residents the maximum amount of privacy and security
in their homes that is permissible under the law and in light of court
decisions mandating certain types and amounts of access to residents
and residential areas by canvassers, solicitors, peddlers and hawkers.
It is, therefore, the intent of the Borough Council in enacting this
chapter to recognize the potential for fraudulent and criminal activity
in connection with door-to-door canvassing, soliciting, peddling,
hawking and similar activities, while providing opportunities for
canvassers, solicitors, peddlers and hawkers as required by law. This
chapter is to be interpreted so as to be in conformity with relevant
state and federal court decisions.
As used in this chapter, the following terms shall have the
meanings indicated:
CANVASSER or SOLICITOR
A person who goes from place to place, house to house or
person to person selling or taking orders for or offering to sell
or take orders for goods, wares, merchandise or any article for future
delivery or for services to be performed in the future or for the
making, manufacturing or repairing of any article or thing whatsoever
for future delivery or for the solicitation of money for any purposes
whatsoever.
COMMERCIAL
The sale of goods or services for monetary compensation,
consideration or profit.
PEDDLER or HAWKER
A person who goes from house to house, on foot or with a
conveyance, carrying with him goods, wares or merchandise for the
purpose of selling and delivering to customers.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision.
Subject to the provisions of N.J.S.A. 45:24-9 et seq. with respect
to hawking, peddling and vending by veterans and exempt volunteer
firemen, and unless otherwise exempt pursuant to this chapter, no
person shall engage in the business of solicitor, canvasser, hawker
or peddler within the Borough without first obtaining a permit therefor
as hereinafter provided.
[Amended 6-18-2020 by Ord. No. 09-2020]
All persons, except as otherwise provided by this chapter or
by law, desiring to solicit for charitable or other purposes or to
peddle, solicit, canvass, hawk (collectively "solicit") within the
Borough shall file with the Borough Clerk prior to any such solicitation,
a solicitation permit application on forms provided by the Borough
Clerk. This shall include all persons who are driving a vehicle within
the Borough to transport persons peddling, soliciting, canvassing
and hawking. The application shall set forth, and include, the following
information:
A. Whether the person registering is a natural person, partnership,
or corporation and:
(1) If a natural person, the business and residence address and telephone
number must be given;
(2) If a partnership, the names of all partners and the principal business
address and telephone number of each partner must be given;
(3) If a corporation, trust, foundation, association, society or other
group, the person registering must state whether it is organized under
the laws of New Jersey or is a foreign corporation and must state
the mailing address, the business location, the telephone number,
the name of the individual in charge of the local office of such corporation;
B. The name, address, date of birth, social security number and photo
identification (which the Borough Clerk will photocopy and attach
to the application) of the person or persons who shall be conducting
the solicitation or otherwise peddling, soliciting, canvassing or
hawking. Each individual must answer if he/she has been convicted
of a crime, and if "yes," must provide an explanation of the crime,
location, and date;
C. A brief description of the nature of the business and the goods to
be sold or services to be performed for which funds are to be solicited
and an explanation of the intended use of the funds toward that purpose;
D. The time period within which the solicitation or the peddling, soliciting,
canvassing or hawking is to be conducted, giving the date of the commencement
and termination of the effort;
E. If a vehicle or vehicles are to be used in the solicitation, or to
transport persons soliciting, a description of the same, including
year, make and model, together with the license plate number, state,
vehicle registration certificate information and liability insurance
information or other satisfactory means of identification;
F. Complete driver's license information and driver's license numbers
of all solicitors, canvassers, peddlers and hawkers, copies of current
Motor Vehicle Commission ("MVC") driver history abstracts for the
last five years and a criminal history background check from a State
of New Jersey approved vendor. Neither the MVC abstracts nor the criminal
history background checks shall be older than thirty (30) days from
the date the permit application is filed with the Borough;
G. The applicant shall be responsible for the payment of all fees associated
with obtaining the MVC driver's history abstract and criminal history
background check from a state approved vendor. The MVC driver history
abstract must be transmitted directly from the MVC to the Borough
Police Department with a copy to the applicant, and the criminal history
background check must be transmitted directly from the state approved
vendor to the Borough Police Department, with a copy to the applicant;
H. The names of any other municipalities in which the person registering
has solicited or otherwise peddled, solicited, canvassed or hawked
within the previous 12 months;
I. An application for a permit shall be verified under oath and shall
contain such information determined to be necessary to identify each
person or organization and the cause or purpose of the solicitation,
peddling, canvassing or hawking. It shall be the sole responsibility
of the applicant to secure MVC driver history abstracts and criminal
history background checks, and arrange for/authorize them to be sent
to the Borough Police Department. An application shall not be complete
until such time as all reports (including but not limited to MVC driver
history abstracts and criminal history background checks) have been
received by the Borough Clerk/Police Department as applicable;
J. If while the application is pending, or during the term of any permit
granted hereunder, there is any change in the information set forth
in the application, the applicant shall notify the Borough Clerk in
writing thereof within 24 hours after such change; and
K. The Borough Chief of Police shall review all complete applications,
MVC driver history abstracts and criminal history background checks
and applicant qualifications as set forth herein and shall provide
recommendations to the Borough Clerk.
[Amended 6-18-2020 by Ord. No. 09-2020]
A. Upon receipt of such application, the original shall be filed with
the Borough Clerk and a duplicate shall be referred to the Borough
Chief of Police. The Borough Chief of Police shall review the complete
permit application inclusive of MVC driver history abstract and criminal
history background check, and all information required to be submitted
to determine its compliance with the terms of this chapter within
14 business days after receipt of the complete application. The Borough
Chief of Police shall review said application to ascertain that the
applicant has not been convicted of a crime (and is not subject to
any outstanding criminal warrants or indictments) relating to fraud,
deception, theft or assault, and that he/she is selling or soliciting
for a project free from fraud or other criminal purpose.
B. Upon completion of his review, the Borough Chief of Police shall
make a written report to the Borough Clerk with his recommendations
and reasons therefor regarding approval or disapproval and return
the application to the Borough Clerk. Any recommendation by the Borough
Chief of Police that a permit should not be issued to the applicant
shall be based on one or more of the following findings of fact with
respect to the applicant:
(1) Conviction of a crime adverse to solicitation activities pursuant
to N.J.S.A. 2A:168A-2. In determining whether a conviction relates
adversely to solicitation activities, the following factors shall
be considered:
(a)
Nature of solicitation activities;
(b)
Nature and seriousness of the crime;
(c)
Circumstances under which the crime occurred;
(e)
Age of the person when the crime was committed;
(f)
Whether the crime was an isolated or repeated incident;
(g)
Social conditions which may have contributed to the crime; and
(h)
Any evidence of rehabilitation.
[Amended 3-21-2019 by Ord. No. 04-19; 6-18-2020 by Ord. No. 09-2020]
A. The fee for a permit granted for the calendar year expiring on December
31 shall be $100. A permit granted for one day shall be $20.
B. The fees, as above set, are to cover the administrative costs of
this chapter.
No solicitor, canvasser, hawker or peddler shall:
A. Solicit, canvass, hawk or peddle before 9:00 a.m. or after 9:00 p.m.
on Monday through Saturday or at any time on Sunday. However, ice
cream vendors shall be permitted to sell on Borough streets during
permitted hours on Sunday, but shall not be permitted to solicit from
door to door on that day; and
[Amended 7-19-2018 by Ord. No. 11-18]
B. Call attention to his business or to his merchandise by crying out,
by blowing a horn, by ringing a bell other than a doorbell at a house
or by any loud or unusual noise.
[Added 4-16-2020 by Ord.
No. 02-2020]
A. The Borough Clerk ("Clerk") shall prepare a list of addresses of
those premises within the Borough where the owner and /or occupant
has notified the Clerk that peddling, hawking, canvassing or soliciting
business (hereinafter collectively "soliciting/solicit") is not permitted
on the premises. Said list shall hereinafter be referred to as the
"No Knock Registry." Owners/occupants of premises who desire to participate
in the "No Knock Registry" shall complete and submit a form which
has been prepared by the Clerk, and which is available at the Clerk's
office during normal business hours. The Borough's "No Knock Registry"
shall be maintained as follows:
(1) The Borough Clerk shall update the list on a monthly basis.
(2) The Kinnelon Borough "No Knock Registry" shall consist solely of
property addresses, and shall include no further identifying information
concerning the ownership of each property listed.
(3) The Borough Tax Assessor shall notify the Clerk of any change in ownership of property which is listed on the "No Knock Registry." The Clerk shall remove from the "No Knock Registry" any property which has changed ownership, until and unless the new owner has registered pursuant to §
151-12A above.
(4) Other than by sale of property, a property once listed may be removed
from the "No Knock Registry" by submitting a written, sworn and notarized
request to the Borough Clerk.
B. The Borough Clerk shall distribute the current Kinnelon Borough "No
Knock Registry" to each permittee at the time of issuance of a peddlers
and solicitors permit. The permittee shall not solicit at any premises
identified on the then current Borough "No Knock Registry." Updated
"No Knock Registry" lists may be provided by the Clerk to the licensee
at the mailing address, or email address provided in the permitee's
application, on a periodic basis.
C. Although the most current list of registrants on the "No Knock Registry"
shall be provided by the Borough Clerk to the permittee at the time
the permit is issued, it is the obligation of the permittee to secure
the most current list of registrants on the Borough "No Knock Registry"
prior to commencing solicitation, and each time, within the Borough.
D. Violation of this §
151-12 shall be grounds for permit revocation, fines and penalties as set forth below.
[Amended 6-18-2020 by Ord. No. 09-2020]
A. Any permit issued under the provisions of this chapter may be suspended
or revoked by the Chief of Police on a showing that any of the provisions
of this chapter have been violated or for other good cause. Upon learning
of the alleged violation of any provisions of this chapter, or for
other good cause, the Chief of Police shall notify the permittee that
a suspension hearing on the permit will be held before him the following
day. The notice shall be personally served upon the permittee and
contain a statement of facts upon which the Chief of Police will act
in suspending the permit and the date, time and place of the hearing.
If at such hearing, or in the event the permittee fails to appear
at such hearing, the Chief of Police finds that this chapter has been
violated or other good cause exists, he may immediately order the
permittee to suspend further operations. Thereafter, within five days
of such suspension, the Chief of Police shall give the permittee written
notice of a hearing to be held by him to determine whether or not
the permit should be revoked. The notice shall contain a statement
of facts upon which the Chief of Police may act to revoke the permit
and the date, time and place of the hearing on the revocation. Said
notice shall be served by mailing a copy to the permit holder at the
address shown on the application form or at his/her last known address
by certified mail, return receipt requested. Notice shall be effective
upon mailing. A copy of said notice shall also be sent to the permit
holder's email address as listed on the application. If, after such
hearing, the Chief of Police finds that this chapter has been violated
or other good cause exists, he shall, within five days of the hearing,
revoke the permit and give the holder thereof written notice of said
revocation and the reasons thereof; said notice shall be served in
the same manner as that of the initial revocation hearing notice.
Or in the absence of such finding, the permit holder shall within
five days of the hearing be given written notice of the termination
of the suspension of the permit; said notice shall be served in the
same manner as that of the initial revocation hearing notice.
[Amended 10-15-2020 by Ord. No. 12-2020]
B. In addition, any permit which may have been issued may be revoked
for a violation of this chapter or on good cause shown by majority
vote of the Borough Council at any regular or special meeting thereof
after five days' written notice to the permit holder and upon affording
the said holder of an opportunity to be heard with respect to the
reasons for such revocation. Notice shall be served by certified U.S.
mail, return receipt requested, to the permit holder at the address
shown on the application form or at his/her last known address, and
shall be effective upon mailing. A copy of said notice shall also
be sent to the permit holder's email address as listed on the application.
C. Any revocation made by the Chief of Police or Borough Council shall
be for one year from the date of revocation.
[Added 6-18-2020 by Ord.
No. 09-2020]
A. Any person aggrieved by the action of the Borough Clerk or Chief
of Police in the denial of an application for a permit, or in the
decision with reference to revocation of a permit, shall have the
right to appeal to the Borough Council. Such appeal shall be taken
by filing with the Borough Clerk, within 14 days after notice of the
action complained of has been mailed to such applicant or permit holder's
address as stated on the application or last known address, a written
statement setting forth fully the grounds for a hearing on such appeal.
The Borough Council shall set a time and place for hearing the appeal
and a notice of the hearing shall be given to the permit holder/applicant.
The decision of the Borough Council on the appeal shall be final and
conclusive.
B. The Borough Council may issue another permit to a person whose permit
has been revoked or denied as provided in this chapter if, acting
after a hearing they are satisfied by clear and convincing evidence
that the acts which led to the revocation or denial will not occur
again; otherwise, no person whose permit has been revoked or denied
nor any person for him/her, directly or indirectly shall be issued
another permit to solicit. The revocation shall be for one year from
the date of revocation, after which the person may make another application,
which shall be reviewed in accordance with this chapter.
Any person, firm or corporation violating this chapter shall
be subject, upon conviction, to one or more of the following at the
discretion of the court: a fine not to exceed $1,000 or imprisonment
in the county jail for a term not to exceed 90 days or community service
not to exceed 90 days. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.