[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.
CONTRIBUTION
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:
A. 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.
B. Any person soliciting a vote or support for any political
candidate or program.
C. Any person soliciting for a bona fide charitable, religious,
patriotic, community service or philanthropic purpose or organization.
D. 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.
E. 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.
F. Any person engaged in the pursuit of and who is conducting
a business having a permanently established principal or branch office in
Deerfield Township.
No person shall canvass, solicit, hawk or peddle before sunrise or after sunset, Monday through Saturday, excepting those engaged in soliciting or selling pursuant to §
144-4B,
C,
D and
E of this article.
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:
A. The name of the charitable organization.
B. The address of the organization.
C. The organization's telephone number.
D. A contact person for such organization.
E. The location of the proposed charitable solicitation.
F. The dates and times of the proposed charitable solicitation.
G. 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.
H. 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.
I. 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.