[HISTORY: Adopted by the Township Committee of the Township of Deerfield as indicated in article histories. Amendments noted where applicable.]
Licensing — See Ch. 124
Article I Licensing of Peddlers, Vendors and Solicitors
Article II Solicitation in Streets and Highways
[Adopted 2-15-1984 by Ord. No. 1984-1 as Ch. 81, Art. II, of the 1984 Code]
As used in this article, the following terms shall have the meanings indicated:
- CHARITABLE and PHILANTHROPIC
- Includes patriotic, religious, eleemosynary, benevolent, educational, civic and fraternal associations, societies and the like.
- Includes the giving of alms, food, clothes, money subscriptions, pledges or property of any nature or kind.
- PEDDLERS, HAWKERS, VENDORS, SOLICITORS and CANVASSERS
- Persons going in and upon private property or telephoning to any house or apartment dweller within the Township of Deerfield, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or disposing of said goods, wares or merchandise, and/or any person who for himself, or for another person, firm or corporation or partnership, hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment or any other place within the Township for the purpose of exhibiting samples or taking orders for future delivery.
- PERSON or ORGANIZATION
- Any individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league.
- SOLICIT and SOLICITATION
- The request, directly or indirectly, for money, credit, property, financial assistance and other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable and philanthropic purpose as defined in this article. Solicitation shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
It shall be unlawful for any person to engage in the business of a peddler, hawker, vendor, solicitor or canvasser as defined in § 144-1 within the Township of Deerfield without first obtaining a license from the Township.
[Added 5-2-1984 by Ord. No. 84-4]
No peddler's license shall be issued to a business, other than one involving exclusively agricultural or horticultural products, conducting sales from a motor vehicle or trailer situated at a fixed, stationary or regular location, and the conduct of such business shall be required to be in full compliance with the Subdivision and Site Plan and Zoning Ordinances and Construction Code Ordinances of Deerfield Township. Presence at one location for over one hour shall constitute a fixed, stationary or regular location.
This article shall not apply to the following:
Any veteran who holds a special state license issued under the laws of the State of New Jersey, upon presentation of the same to the Township Clerk with an application, who after investigation shall then issue a license without charging any fees therefor.
Any person soliciting a vote or support for any political candidate or program.
Any person soliciting for a bona fide charitable, religious, patriotic, community service or philanthropic purpose or organization.
Any person engaged in delivering wares, goods or merchandise or other articles or things in the regular course of business to the premises of the person ordering or entitled to receive the same.
Any person engaged in the sale, solicitation of orders for or delivery of milk, dairy products, vegetables, poultry, eggs, other farm and garden produce, ice, bread, cake and newspapers so far as the sale of these commodities is now authorized by law.
Any person engaged in the pursuit of and who is conducting a business having a permanently established principal or branch office in Deerfield Township.
A sworn application in writing on the form approved by the Township Committee shall be filed with the Township Clerk, together with a fee of $5 to cover the cost of investigation of the facts set forth therein.
No license shall be issued until the Township Clerk, by consultation with appropriate police authorities, shall have investigated the facts set forth therein.
The fee for issuance of a license shall be $5 per day per person or $25 per person annually.
The annual license shall expire at 12:00 midnight of December 31 of the year when issued, and all other licenses shall expire at 12:00 midnight on the date specified in the license.
The licensee shall carry his license with him at all times and exhibit the same to any resident requesting him to do so.
Any person violating the terms of this article, whether as a principal or as an agent or employee of another, shall, upon conviction in the Deerfield Township Municipal Court, be subject to a fine not exceeding $500 or to imprisonment in the county jail not to exceed 90 days, or both, in the discretion of the Judge.
[Adopted 5-5-1999 by Ord. No. 1999-6 (Ch. 103, Art. II, of the 1984 Code)]
The Township of Deerfield shall permit charitable organizations, as defined in Section 3 of the Charitable Registration and Investigation Act, N.J.S.A. 45:17A-18 et seq., to solicit contributions in the streets and highways of the Township of Deerfield in accordance with the provisions of this article.
All charitable organizations which are domiciled or which have offices in the Township of Deerfield or which provide services to residents of the Township of Deerfield and who wish to solicit contributions in the streets and highways of the Township of Deerfield shall file a request with the Township Clerk specifying the following information:
The name of the charitable organization.
The address of the organization.
The organization's telephone number.
A contact person for such organization.
The location of the proposed charitable solicitation.
The dates and times of the proposed charitable solicitation.
If said request involves a county roadway and/or highway, said request shall include a copy of an authorization from the Cumberland County Board of Chosen Freeholders to permit said charitable solicitation.
If said request involves a state roadway and/or highway, said request shall include a copy of an authorization from the State of New Jersey Commissioner of Transportation to permit said charitable solicitation.
A list of all proposed safety regulations, safety devices and training for individuals who shall participate in the charitable solicitation and/or a report as to the procedures to be used to ensure the safety of the members of the public who will be traversing the roadways and/or highways of the Township of Deerfield.
Upon receipt of the request specified in § 144-9 above, the Township Clerk shall submit a copy of the request to the Station Commander of the New Jersey State Police, Bridgeton Barracks, for his review and comment. After the Station Commander or his designee has had the opportunity to review the solicitation request of the charitable organization, the Township Clerk shall request a recommendation and comments from the Station Commander which shall be presented to the Township Committee of the Township of Deerfield, together with a review of the location, dates and times of the request and a review of the safety procedures and/or methods to be employed by said charitable organization. Any written report submitted to the Township by the Commander of the New Jersey State Police, Bridgeton Barracks, either supporting or opposing the solicitation request of the charitable organization shall be placed on file with the Township Clerk.
In no event shall any charitable organization requesting authorization from the Township of Deerfield for a charitable solicitation on the Township's streets or highways use any individual under the age of 18 years to perform any function or task associated with such charitable solicitation.
Any charitable organization requesting authorization from the Township of Deerfield for a charitable solicitation on the Township's streets or highways shall comply with all of the terms and conditions provided for in N.J.S.A. 39:4-60, as amended, together with any regulations adopted by the Department of Transportation to regulate or control the solicitation of charitable contributions on streets and highways in the State of New Jersey.