[HISTORY: Adopted by the Township Committee of the Township of Raritan 3-6-2018 by Ord. No. 18-9 (Ch. 5.24 of the 2000 Code). Amendments noted where applicable.]
The operations of transient merchants, peddlers, solicitors and canvassers raises valid public concerns related to public safety, public health, crime and fraudulent business practices. It is the purpose of this chapter to regulate these activities for the benefit of the residents of the Township of Raritan.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Every person who has applied for a license to peddle, solicit and canvass in the Township or act as a transient merchant.
CANVASS
Going from door to door or from place to place by traveling on the streets and roads or standing within the streets and roads or public rights-of-way for the purpose of obtaining the views of any person upon any economic or social question or project or for the purpose of distributing literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers or other written material for the purposes of information and/or advertising.
COMMERCIAL PURPOSES
For the purpose of selling goods, services or wares or advertising goods, services or wares with the intent of profit-making. However, no peddling, canvassing, or soliciting by nonprofit or charitable organizations shall be considered a commercial purpose.
MERCHANDISE
Any and all goods or wares which are ordinarily the objects of trade and commerce. "Merchandise" shall also mean and refer to orders or contracts for a service, home improvement or alteration.
NONCOMMERCIAL PURPOSES
Those purposes which are not commercial.
PEDDLE
Going from door to door or from place to place by traveling on the streets and roads or standing within the streets and roads or public rights-of-way in an effort to take orders for present or future delivery of merchandise, as defined herein.
SOLICIT
Going from door to door or from place to place by traveling on the streets and roads or standing within the streets and roads or public rights-of-way to plead or ask for contributions or donations, monetary or otherwise, for any person, group, association or corporation.
TRANSIENT MERCHANT
A person, corporation or partnership who engages in a merchandising business in New Jersey with intent to close out or discontinue the business in the Township within one year from the date of commencement and, for the purpose of carrying out such business, hires, leases or occupies any building or structure for the exhibition and sale of goods. Transient merchants who also lease or occupy motel facilities for the conduct of their business shall be deemed as intending to temporarily be located within Raritan Township for less than one year. Operating as a transient merchant is, presumptively, a commercial purpose pursuant to this chapter.
A. 
Any person desiring to peddle, solicit, canvass, or operate as a transient merchant for a commercial purpose within the Township must apply for and receive, prior to such activity taking place, a license from the Township Clerk.
B. 
A separate application shall be required for each entity or person peddling, soliciting, canvassing or operating as a transient merchant. Applications shall be filed pursuant to the requirements of Chapter 301, Licensing. Each application shall be accompanied by a fee as provided in Chapter 245, Fees, § 245-4. This fee shall not be prorated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Licenses issued pursuant to this chapter shall expire on December 31 of the calendar year in which the license is issued.
D. 
Exhibition of license. Each license holder shall prominently display the license whenever soliciting, canvassing or peddling in the Township so that same is observable to any person addressed by the licensee.
E. 
Notwithstanding any contrary provisions of the Revised General Ordinances of the Township of Raritan, no license to solicit, canvass, peddle, or act as a transient merchant shall be issued unless:
(1) 
The applicant provides the Raritan Township Police Department with a fingerprint criminal background check.
(2) 
The applicant provides a $2,000 bond to the Township of Raritan in a form approved by the Township Attorney. Such bond may be subject to forfeiture upon proof of:
(a) 
Falsification in the application for a license; or
(b) 
Willful violation of a Township ordinance or a state or federal law.
A. 
The following entities are exempt from the requirements of this chapter:
(1) 
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 45:24-10.
(2) 
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity with said law.
(3) 
Any public utility or its employees, which public utility is subject to regulation by the State Board of Public Utilities; provided, however, such employees shall display the identification badge or card issued by their employer. Third-party suppliers of electrical services are not exempt under this provision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
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 who had previously ordered same or were entitled to receive same by reason of a prior agreement.
(5) 
Any person soliciting snow shoveling services within 24 hours of a snowstorm.
(6) 
Any person soliciting, peddling or canvassing for a noncommercial purpose.
B. 
The exemptions provided for by this section shall not be applicable to any person operating as a transient merchant.
A. 
No peddler, solicitor or canvasser that is subject to the licensing requirements of this chapter shall peddle, solicit or canvass before 9:00 a.m. or after 4:00 p.m. Monday through Friday or before 10:00 a.m. or after 3:00 p.m. on Saturdays. All other peddlers, solicitors or canvassers that are not subject to the licensing requirements pursuant to this chapter shall only peddle, solicit or canvass between 9:00 a.m. and 9:00 p.m. on any given day.
B. 
No peddler, solicitor or canvasser, whether or not subject to the licensing requirements of this chapter, shall solicit, canvass or peddle upon premises whereupon a sign is posted which indicates that the peddler's, solicitor's or canvasser's activities are not welcome. Such a sign may, but is not required to, state: "No peddlers, solicitors, or canvassers invited."
C. 
No peddler, solicitor or canvasser, whether or not subject to the licensing requirements of this chapter, shall walk upon front yards or backyards to move from property to property or building to building unless invited to do so by the property owner.
D. 
No peddler, solicitor or canvasser, whether or not subject to the licensing requirements of this chapter, shall enter or attempt to enter the house or apartment of any resident of the Township without an express invitation from an occupant thereof.
E. 
All literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers or other written material being canvassed or peddled shall be handed to an occupant of the property or left in a secure place thereon.
F. 
No peddler, solicitor or canvasser that is subject to the licensing requirements of this chapter shall peddle, solicit or canvas on the street, roadway, or public right-of-way in the same place, i.e., stationary, for more than eight hours.
G. 
No peddler, solicitor or canvasser, whether or not subject to the licensing requirements of this chapter, shall substantially impair the ability of the public to use the Township's rights-of-way.
Any violation of this chapter shall be punishable by a fine of $2,000 and/or imprisonment as prescribed in § 1-5, General penalty, of the Revised General Ordinances of the Township of Raritan.