[1]
Editor's Note: The power of a municipality to enact ordinances
to license and regulate canvassers and solicitors pursuant to its
police powers, was upheld in Moyant v. Paramus, 30 N.J. 528, 154 A.
2d 9 (1959).
[R.O. 1966 § 8:7-10; amended 9-2-2020 by Ord. No. 6PSF-D, 09-02-2020]
As used in this Article:
Shall mean to canvass, solicit or call from house to house
in the City of Newark or from elsewhere or, traveling either by foot,
wagon, automobile, motor truck or any other type of conveyance from
place to place, from house to house or from street to street, offering
to purchase any real property or any interest in real property either
on his own behalf or as an agent or broker on behalf of any third
party, taking or attempting to take orders for sale of goods, wares
and merchandise, personal property of any nature whatsoever for future
delivery or for services to be furnished or performed in the future,
whether or not such individual has, carries or exposes for sale a
sample of the subject of such sale, or whether he or she is collecting
advance payments on such sales or not; provided that such definition
shall include any person who, for himself, herself or for another
person, hires, leases, uses or occupies any building, structure, tent,
railroad, boxcar, boat, hotel room, lodging house, apartment, shop
or any other place within the City for the sole purpose of exhibiting
samples and taking orders for future delivery; and provided, further,
that the foregoing definition shall not be deemed to include any person
who, acting for a manufacturer or wholesaler, shall sell or take orders
for the sale of goods, wares and merchandise to any other manufacturer
or wholesaler or to a retailer for resale in the usual course of business;
nor shall the provisions of this Article apply to sales made under
authority and by order of law nor to sales made by the vendors of
farm or dairy products.
[R.O. 1966 § 8:7-11; amended 9-2-2020 by Ord. No. 6PSF-D, 09-02-2020]
[R.O. 1966 § 8:7-12; amended 9-2-2020 by Ord. No. 6PSF-D, 09-02-2020]
a.
Any person desiring a permit to canvass or solicit in the City shall
file, on a form to be supplied by the Chief of Police, an application
with the Chief of Police stating:
1.
Name of the applicant;
2.
Permanent home address;
3.
Length and place or places of residence of the applicant for the
preceding three years;
4.
Age, height and weight;
5.
Place and date of birth;
6.
Marital status;
7.
Name and address of employer or firm represented;
8.
If the applicant intends to wear a uniform or other identifying garb
while canvassing or soliciting, a description of same;
9.
Nature of merchandise to be sold or offered for sale or the nature
of the services to be furnished or description of project involved;
10.
Whether or not the applicant has ever been convicted of a crime,
misdemeanor, or violation of any ordinance of this or any other municipality
concerning canvassing or soliciting, or a conviction of any offense
involving moral turpitude, and if so, when, where, and the nature
of the offense;
11.
Length of time for which the permit is desired.
b.
If requested by the Chief of Police, the application shall also be
accompanied by a letter or other written statement from the individual,
firm or corporation employing the applicant, certifying that the applicant
is authorized to act as the employer's representative.
c.
All applications shall be filed at least 14 days before the desired commencement of the permit applied for to enable the Chief of Police to conduct the investigation as provided in Section 8:7-14. The aforesaid time period prescribed within this paragraph may be waived by the Chief of Police when he reasonably can conduct the required investigation sooner.
d.
At the time of filing the application, a fee of $500, Fees and Charges,
shall be paid to the Department of Public Safety to cover the cost
of investigation of facts stated therein. The fee shall apply per
calendar year, and shall not be prorated.
[R.O. 1966 § 8:7-13; Ord. 6PSF-A(S), 1-7-2016; amended 9-2-2020 by Ord. No. 6PSF-D,
09-02-2020]
The applicant shall be fingerprinted by the Division of Police
and he shall present two recent photographs of himself, the photographs
to be a size determined by the Chief of Police.
[R.O. 1966 § 8:7-14; amended 9-2-2020 by Ord. No. 6PSF-D, 09-02-2020]
The Chief of Police shall cause such investigation to be made
of the applicant's business and moral character as he deems necessary
for the protection of the public good. If, as a result of such investigation,
the applicant's character or business responsibility is found to be
unsatisfactory or that the project involved is not free from fraud,
the Chief of Police may refuse to issue a permit.
If, as a result of such investigation, the applicant's character
and business responsibility is found to be satisfactory and the project
involved is free from fraud, the Chief of Police shall issue the permit
specifying the number of hours or days that the permit will be in
effect. Upon expiration of the permit, the permit holder shall surrender
the expired permit to the office in charge of such permits at police
headquarters.
Any person aggrieved by the action of the Chief of Police or,
in the absence of the Chief, the officer in charge of police headquarters,
or the permit issuing authority, upon the denial of the permit as
provided in this Article shall have the right of appeal to the Director
of Public Safety. Such appeal shall be taken by filing with said Director,
within 14 days after notice of the action complained of has been mailed
to such person's last known address, a written statement setting forth
fully the grounds for the appeal. The Director shall set a time and
place for a hearing on such appeal, and notice of such hearing shall
be given to the appellant in the same manner as provided in this Article
for notice of hearing on revocation (8:7-18). The decision and order
of the Director on such appeal shall be final and conclusive.
[R.O. 1966 § 8:7-15; 9-2-2020 by Ord. No. 6PSF-D, 09-02-2020]
a.
The permit shall show the name and address of the permittee; kind
of goods or services to be sold or performed thereunder; employer
represented; date of issuance of permit; date and hour permit is effective
and expiration date and hour.
[R.O. 1966 § 8:7-16; amended 9-2-2020 by Ord. No. 6PSF-D, 09-02-2020]
No canvassing or soliciting shall be done except during the
period specified in the permit and between the hours of 9:00 a.m.
and 5:00 p.m. on each weekday. The permittee shall carry the permit
with him at all times while canvassing or soliciting and shall have
the permit prominently displayed on his/her lapel or displayed on
a neck chain.
[R.O. 1966 § 8:7-17; amended 9-2-2020 by Ord. No. 6PSF-D, 09-02-2020]
a.
The permittee shall be courteous to all persons while canvassing
or soliciting. He shall not importune or otherwise annoy any person
and shall conduct himself in a lawful manner.
b.
When the permittee shall cease operations under the permit in any
event or on the expiration of the permit, the permittee shall surrender
the permit to the Chief of Police.
c.
Establishment of No-Knock Registry.
1.
For the purpose of protecting residents from criminal activities
and safeguarding their privacy, there is hereby established a No-Knock
Registry of properties where canvassing and soliciting are prohibited.
The No-Knock Registry shall be available to owners or occupants of
premises.
2.
The No-Knock Registry shall be maintained online by the City through
the Office of Information Technology. The Office of Information Technology
shall prepare an online application form to be used by residents with
addresses of those premises whose owners or occupants have notified
the City that canvassing or soliciting are not permitted on their
premises.
3.
The City shall post a No-Knock Registry application on the City webpage
and distribute to other media outlets as designated by the City. The
City shall provide copies of the application to the public and undertake
reasonable efforts in education and distribution, in order to promote
public awareness of the No-Knock Registry.
4.
The application form shall be available online and at the Office
of Tax Abatement and Special Taxes during normal business hours. The
premises shall remain on the registry unless the owners or occupants
submit another application requesting that the property be removed
from the registry. The inclusion of a premises on the registry shall
be deemed a revocation of any privilege or license to enter or attempt
to enter the premises.
5.
The online No-Knock Registry shall be made available to a licensed
canvassers or solicitors at the time of issuance of a permit.
6.
The most current list of registrants on the No-Knock Registry shall
be provided online. It is the responsibility of the canvasser or person
soliciting to have the most up-to-date list prior to engaging in any
canvassing or soliciting.
7.
There shall be no fee or costs imposed on an owner or occupant for
submitting the application to include their premises on the No-Knock
Registry.
[R.O. 1966 § 8:7-18; amended 9-2-2020 by Ord. No. 6PSF-D, 09-02-2020]
a.
Permits issued under the provisions of this Article may be revoked
by the Chief of Police after notice and hearing, for any of the following
causes:
1.
Fraud, misrepresentation, or false statement contained in the application
for permit;
2.
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or as canvasser;
3.
Any violation of this Article;
4.
Conviction of any crime or offense or of the violation of an ordinance
after issuance of the permit, which would have been grounds for denying
the permit;
5.
Conducting the business of soliciting, or of canvassing, 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 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 permittee at his last known address at least five days prior
to the date set for hearing.
c.
Pending a hearing, a license may be suspended by the Chief of Police
for a period of not more than five days without such notice and hearing.
[R.O. 1966 § 8:7-19; amended 9-2-2020 by Ord. No. 6PSF-D, 09-02-2020]
a.
This Article shall not apply to 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 ordering or
entitled to received same.
b.
This Article shall not apply to any person engaged in activities
for or in behalf of a labor, charitable, religious, civic or political
organization, nor to solicitations made pursuant to a license issued
under Article 3 of this chapter.
[R.O. 1966 § 8:7-20; 9-2-2020 by Ord. No. 6PSF-D, 09-02-2020]
Any person who violates any provision of this Article shall,
upon conviction thereof, be punished in the following manner:
a.
1st offense; a minimum fine of $100 with a maximum fine up to $1,000.
b.
2nd offense; a minimum fine of $100 with a maximum fine up to $1,500
and community service for a period of up to 90 days; and
c.
3rd or subsequent offense; a minimum fine of $100 with a maximum fine up to $2,000, permanent revocation of any license issued under the within Chapter pursuant to Section 8:7-18, or a period of imprisonment for a term not exceeding 90 days or both.
d.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
e.
This section does not preclude an owner or occupant from filing any
other appropriate complaint with the police, including a complaint
for trespass.
