[Adopted as Sec. 6-3 of the 1976 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
CANVASSER or SOLICITOR
Any individual, whether resident of the Township or not, travelling 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, taking or attempting to take orders for the sale of goods, wares and merchandise, books, magazines, personal property of any nature whatsoever for future delivery, or for services to be performed or furnished in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale or whether he is collecting advance payments on the sales or not, provided that the definition shall include any person, who, for himself, or for any other person, hires, leases, uses, or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop, or any other place in the Township for the sole purpose of exhibiting samples and taking orders for future delivery.
It shall be unlawful for any solicitor or canvasser to engage in business within the corporate limits of the Township without first obtaining a permit and license.
[Amended 4-16-1986 by Ord. No. 1986-6; 6-6-1990 by Ord. No. 1990-19; 5-2-2007 by Ord. No. 2007-013; 12-5-2007 by Ord. No. 2007-030; 4-23-2025 by Ord. No. 2025-012]
A. 
The fee for a canvasser's or solicitor's license is set forth in Chapter 135, Fees and Costs, payable to the Township to defray the cost of investigating, fingerprinting if necessary, printing, processing and issuing the permit.
B. 
In addition, a deposit of $10 shall be made by applicant with the Township Clerk to assure the return of the badge or certification number as provided for in § 263-13.
[Amended 4-23-2025 by Ord. No. 2025-012]
Where, by reason of any federal or state law, any person is deemed to be legally exempt from the provisions of this article or from the requirement of securing a license or permit as herein provided, notwithstanding thereof, such person shall before engaging in any type of soliciting or canvassing, as defined in this article, first register on application forms provided by the Township Clerk, furnishing all of the information as provided for in § 203-2. If the Chief of Police, after proper investigation, shall be satisfied that the registrant is not entitled to the exemption above stated, he shall decline to register him, or after investigation, shall find the registrant's character or business responsibility to be unsatisfactory, he shall decline to register him. If the Chief of Police, after investigation, shall find the registrant's character or business responsibility to be satisfactory, he shall communicate his findings in writing to the Township Clerk's office issuing the license within a reasonable time after the application has been filed. The application shall contain the signature of the Chief of Police, and shall show the name and address of the registrant, the name and address of his employer, if any, the kind of goods to be sold by him, or the kind of services to be performed or furnished, the date of issuance and the length of time the registration shall be effective, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The Chief of Police shall keep a permanent record of all registrations. These provisions are to be so applied as not to occasion an undue burden upon interstate commerce, but to be applied for the general protection of the public health, welfare and safety.
[Amended 4-23-2025 by Ord. No. 2025-012]
No canvassing or soliciting by anyone holding a permit or license or certification of registration shall be done except Monday through Saturday between the hours of 9:00 a.m. to 30 minutes past sunset.
[Amended 4-23-2025 by Ord. No. 2025-012]
Solicitors and canvassers are required to exhibit their licenses or registrations at the request of any citizen. They shall be required to wear the badge or identification number furnished them on the outer clothing, so that they may be visible at all times while they are canvassing or soliciting.
[Amended 4-23-2025 by Ord. No. 2025-012]
No solicitor or canvasser, nor any person in his behalf, shall shout, make any cry out, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound-amplifying system upon any of the streets, alleys, parks or other public places of the Township or upon any private premises in the Township where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise or services which the licensee or registrant proposes to sell.
[Amended 4-23-2025 by Ord. No. 2025-012]
No licensee or registrant shall have any exclusive right to any location in the public streets, nor shall be be permitted a stationary location, nor shall be be permitted to operate in any congested area where his operation might impede or inconvenience the public. He shall not be permitted to stand or remain in any one place for the purpose of soliciting or canvassing of any goods, wares or merchandise, or for any services, for which he has secured a license or registered as per this article, for a period longer than 15 minutes. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[Amended 4-23-2025 by Ord. No. 2025-012]
A. 
It shall be the duty of any police officer of the Township of West Milford to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed or registered, to produce his solicitor's or canvasser's license certificate, and to enforce the provisions of this article against any person found to be violating the same.
B. 
The Chief of Police shall report to the Township Clerk all convictions for violations of this article, and the Township Clerk shall maintain a record for each license issued and record the reports of violations therein.
[Amended 4-23-2025 by Ord. No. 2025-012]
A. 
The definition of "solicitor" or "canvasser" shall not include persons soliciting or canvassing toward persons within the Township or originating within the Township in behalf of the following, the Township Council reserving to permit by resolution solicitation for any of the following which may originate out of the Township:
(1) 
United Fund.
(2) 
Heart, cancer and similar funds.
(3) 
Red Cross.
(4) 
Nationally chartered veterans' organizations.
(5) 
Sister Kenny.
(6) 
March of Dimes.
(7) 
Churches.
(8) 
Volunteer fire companies.
(9) 
First aid squads.
(10) 
Schools, parent-teachers' associations and other educational activities.
(11) 
Hospitals.
(12) 
Any other charitable organizations or activity not conducted for profit.
B. 
In addition, the definition shall not include any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business, from established local business places, and to persons or premises ordering or entitled to receive same.