[Adopted as Ch. 5.44 of the 2003 Municipal Code; amended 8-12-2019 by Ord. No. 2019-13]
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
An individual representing one's self or any business, firm,
partnership, corporation, organization, club or association.
PEDDLE or SOLICIT or CANVASS
The act of going from door to door or house to house within
this Township without prior express invitation or request from the
occupant of the premises at which the call is made, or going from
place to place within the Township of Bordentown for any purpose or
in any fashion, including but not limited to the vending, selling,
offering for sale, distribution, dissemination or delivery of goods,
food products, wares, merchandise or services, or written, oral or
recorded intelligence or communication or invitation of any kind,
including ringing of a bell, buzzer or alarm, or requesting, inviting
or taking orders or subscriptions for present or future delivery or
furnishing of any such things or matters; or for the purpose of making
canvasses, surveys or the like or doing any other act which is commonly
comprehended within the terms "peddling," "soliciting" or "canvassing."
PERSON
Any person, firm, partnership, corporation, organization,
club or association or any principal or agent thereof.
Any person whose application for a license has been denied by
action of the Chief of Police, the Township Clerk or their designee
may file an appeal with the Township Clerk within 15 days after the
action to be heard by the Township Committee. The Township Committee
will rule on the appeal within 30 days after the appeal is filed.
In deciding the appeal, the Township Committee will consider the sworn
testimony of the denied applicant, the Chief of Police, the Township
Clerk and other witnesses whose testimony would be relevant to the
issue before the Township Committee.
Every person engaged in peddling, soliciting or canvassing or
like activities, as defined in this chapter, in the Township of Bordentown,
shall engage in conduct according to the following provisions which
are hereby established as a "Code of Conduct for Peddlers, Solicitors
and Canvassers" in the Township of Bordentown:
A. The person shall not enter or
remain upon any resident's property, whether rented or owned, upon
which it is posted that solicitors are not permitted or notice of
similar content.
B. All persons subject to licensing
under this chapter shall display the photo identification badge issued
by the Police Department in a visible manner.
C. The person shall not enter or
attempt to enter any dwelling unit without express invitation from
the occupant therein.
D. The person shall immediately leave
the resident's property upon request by the resident to do so.
E. The person shall not indicate
that the Township endorses or sponsors any of the views expressed
or the organization for which support or contribution is sought.
F. The person shall not make false
claims, misrepresentations or materially incorrect statements concerning
the solicitation, organizations represented or the use to be made
of the amount solicited.
G. The person shall not engage in
any course of alarming conduct or engage in conduct so as to alarm
or seriously annoy the occupant of the dwelling.
H. The person shall not engage in
any conduct that is prohibited by any statute, regulation or ordinance
in effect in the Township of Bordentown.
I. Persons shall not distribute obscene
merchandise or printed material or printed material that advocates
unlawful conduct.
J. No person peddling, soliciting,
canvassing or distributing printed material shall litter the streets
or cause the littering of streets, public places or property within
the Township with any merchandise or printed material.
K. Any person or organization receiving
money or any other thing for a value of $1 or more from any contributor
under a solicitation made pursuant to this chapter shall give to the
contributor a written receipt signed by the solicitor, showing the
date and the amount received, provided that this section shall not
apply to any contribution collected by means of a closed box or receptacle
used in solicitation where the use thereof has been approved by the
Township in accordance with this chapter where it is impractical to
determine the amount of each contribution.
L. When soliciting contributions
for charitable purposes, the person shall verbally advise the prospective
donee of the percentage of the funds received and/or collected by
the organization which are used directly for the purposes or cause
stated for the collection and the percentage of such funds used indirectly
to support the purpose or cause stated, i.e., used for administrative
expenses, related causes, etc. In addition, the person shall also
present to the prospective donee a pamphlet or other written documents
prominently setting forth the above-stated information.
M. No person shall go upon any property
or create any sound in a manner calculated to attract the attention
of any occupant of a residence on which is posted a sign expressly
prohibiting such activity.
Peddling, soliciting and canvassing as well as other like activities
are limited to the hours between 10:00 a.m. and 7:00 p.m.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Any person required by this chapter to procure a license who fails to obtain a license or otherwise violates or fails to comply with the terms of the license or any provision of this chapter shall be subject to the penalty set forth in Chapter
1, Article
II, General Penalty, of the Code of the Township of Bordentown.
B. Any person exempt from licensing under §
339-2B who fails to comply with §
339-6,
339-7,
339-8 or
339-9 shall be subject to the penalty set forth in Chapter
1, Article
II, General Penalty, of the Code of the Township of Bordentown.