Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 90:50]

§ 296-1 License required for commercial soliciting; requirements.

[Amended 10-23-2007 by Ord. No. 2007:45]
A. 
It shall be unlawful for any person to engage in the business, trade, profession or activity of a mobile vendor and/or solicitor, as defined below, for financial compensation or otherwise within the boundaries of the Township without first obtaining a license as provided within this chapter.
B. 
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Township Clerk upon forms provided by him/her. All application fees shall be nonrefundable, except that when an application for license is denied pursuant to this chapter, the applicant shall be refunded 50% of his/her application fee.
C. 
Completed applications shall be provided to the Township Clerk and shall contain the following:
(1) 
Name and address of the applicant. If applicant is an individual employed by another, the name, address and phone number of applicant's employer; if applicant's employer is a corporation, the name and address of its registered agent shall also be provided.
(2) 
Name and description of each proposed mobile vendor or solicitor, including date of birth, sex, race, height, weight, hair color and eye color.
(3) 
The make, model, year and license plate number for each vehicle to be used in mobile vending or soliciting, including a photocopy of a valid registration for each such vehicle. Also provide a photocopy of a valid driver's license for each proposed driver.
(4) 
Days of the week and hours of the day during which the licensed activity will be conducted.
(5) 
A description of the nature of the goods, property or services to be sold or supplied.
(6) 
Provide the Township Clerk with two recent photographs of each proposed mobile vendor or solicitor, each photograph to be two inches by two inches in size.
(7) 
A certified statement as to whether the applicant has been convicted of any crime or the violation of any Township ordinance, other than traffic offenses and, if so, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed.
(8) 
Appropriate evidence as to the good character and business responsibility of the applicant, including personal and business references, listing names, address and telephone numbers so that all references may be contacted.
(9) 
Applications by partnerships shall be signed by all partners and shall include the information required by this section as to each partner. Applications by corporations shall include the information required by this section as to each employee or agent who will engage in mobile vending or soliciting and shall be signed by each such employee and agent, and by a person authorized to sign on behalf of the corporation.

§ 296-1.1 Investigation of applicants.

[Added 10-23-2007 by Ord. No. 2007:45]
A. 
Each application shall be referred to the Chief of Police, who shall cause an investigation to be made of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity as deemed necessary by the Police Department for the protection of the public. The investigation shall include a criminal background check and fingerprinting, unless the applicant has been fingerprinted in connection with the issuance of a license by the Township within the past five years. In addition to the licensing/permit fee, the applicant shall be responsible to pay the cost of the criminal background check. The Police Department shall communicate its finding in writing to the Township Clerk not more than 30 days after the Police Department receives the results of the criminal background check based on fingerprinting.
B. 
An applicant shall be denied a license if the applicant’s criminal history record background check reveals a record of conviction of any of the following crimes:
(1) 
In New Jersey or elsewhere any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in possession any weapon enumerated in subsection r. of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4 or N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
(2) 
In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection B(1) of this section.
C. 
An applicant may be denied a license if the investigation reveals that the applicant’s character, ability or business responsibility is unsatisfactory, or for convictions of disorderly persons or petty disorderly persons offenses involving moral turpitude, or if applicant’s products, services or activities are not free from fraud. Otherwise, the Township Clerk shall issue the license immediately upon completion of the investigation, provided that the required license fees have been paid, except in those cases where approval of the Council is required. In the event of the refusal of the issuance of a license, the applicant may appeal to the Council for a hearing. The appeal must be filed in writing with the Township Clerk within 14 days after notification of the refusal. The Council shall hold its hearing with 10 days thereafter, and its decision shall be final.

§ 296-2 Definitions.

[Amended 4-29-2003 by Ord. No. 2003:10; 10-23-2007 by Ord. No. 2007:45; 5-24-2016 by Ord. No. 2016:10]
As used in this article, the following terms shall have the meanings indicated:
CHARITABLE
Includes religious, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, and/or fraternal.
PERSON
Any and all individuals who engage in the activity of mobile vending or solicitation, including those individuals who are the agent, servant, and/or employee of any firm, corporation, association, partnership, or any other form of for-profit organization.
SOLICITOR
Any person traveling by foot or by car, van, truck, or motorized vehicle from location to location, house to house, or any person temporarily remaining in one place in or upon any sidewalk, street or other public place within the Township, and who while so traveling or temporarily remaining in one place carries, conveys, transports, sells, takes orders, displays, demonstrates, or attempts to do any of the above with respect to goods, services, wares, dry goods, merchandise, publications, books, appliances, home improvements or personal property of any nature whatsoever. This shall include persons who engage in the above-described activity:
A. 
Whether or not said person carries or exposes for sale samples of the object for sale;
B. 
And enter into sales contracts, agreements, leases, or other written agreements which call for future delivery of goods or future performance of services;
C. 
Solely to collect advance payment on such sales of goods and services.

§ 296-3 Fee.

[Amended by Ord. No. 95:8; 10-23-2007 by Ord. No. 2007:45; 5-18-2010 by Ord. No. 2010:09; 5-24-2016 by Ord. No. 2016:09]
A fee of $350 shall be paid for each license applied for, and no more than one individual can utilize any one license. Any veteran who holds a special license issued under the law of the State of New Jersey shall be exempt from the fee but shall be required to comply with all other applicable subsections of this article. Licenses shall be valid from January 1 through December 31 of the calendar year in which they are issued.

§ 296-4 Loud noises and speaking devices.

[Amended 10-23-2007 by Ord. No. 2007:45]
No mobile vendor or solicitor, nor any person acting on his/her behalf, shall shout, cry out, blow a horn, ring a bell, or use any sound device, including any loudspeaking radio or sound-amplifying system, upon any of the streets, alleys, parks, or other public or private places in the Township.

§ 296-5 (Reserved) [1]

[1]
Editor’s Note: Former § 296-5, Inspection, amended 12-20-2005 by Ord. No. 2005-31, was repealed 5-24-2016 by Ord. No. 2016:10.

§ 296-6 Use of property within Township.

[Amended 4-29-2003 by Ord. No. 2003:10; 10-23-2007 by Ord. No. 2007:45; 5-24-2016 by Ord. No. 2016:10]
No mobile vendor or solicitor shall have any exclusive right to any one place upon any sidewalk, or any street, or any other fixed location within the Township, whether such location is on publicly owned or privately owned property. No mobile vendor shall stop or park a vehicle or conveyance used in dispensing and selling goods or wares for longer than the time it takes to conclude a sale or an uninterrupted series of sales, whether the mobile vendor's vehicle or conveyance is located on publicly owned property or privately owned property for which the vendor has filed a written authorization for same from the private property owner within the licensing authority. In no event shall a mobile vendor stop or park a vehicle or conveyance used in dispensing and selling goods or wares after 7:00 p.m. No mobile vendor or solicitor shall be permitted to operate in any congested area where his/her operation might impede or inconvenience the public or otherwise create a safety hazard. The Township Police Department shall be authorized to require mobile vendors or solicitors to move from such an area. For the purposes of this section, the judgment of a police officer exercised in good faith shall be deemed conclusive as to whether the area is congested, the public impeded or inconvenienced or a safety hazard is otherwise created by the location of the mobile vendor or solicitor.

§ 296-7 Exceptions.

[Amended 12-20-2005 by Ord. No. 2005:31; 10-23-2007 by Ord. No. 2007:45; 5-24-2016 by Ord. No. 2016:10]
Any individual or group advocating or soliciting on behalf of a charitable or not-for-profit organization, including such activities as religious proselytizing, anonymous political speech or the distribution of political or religious handbills or circulars, shall be exempt from the requirements of this chapter, with the exception of § 296-9, Hours for soliciting, and § 296-13, Citizen's choice, which shall apply.

§ 296-8 Licenses.

[Amended 10-23-2007 by Ord. No. 2007:45]
A. 
All mobile vendors and solicitors licensed pursuant to this chapter shall be issued a license to engage in these activities within the Township.
B. 
This license shall, at a minimum, contain:
(1) 
The name, permanent address, and a passport size photograph of the license holder.
(2) 
The license number, the nature of the licensed activity, and the date of expiration.
(3) 
The make, model, year and license plate number of the vehicle to be used in mobile vending or soliciting.
(4) 
The name of the business or organization for whom the license holder is soliciting, selling or vending, and any other information deemed reasonably necessary by the Township Clerk.
C. 
The license shall be carried by the holder at all time while engaged in the activity for which the license was issued and shall be shown upon request.

§ 296-9 Hours for soliciting.

All activities regulated by this article shall be permitted between 9:00 a.m. and 9:00 p.m. Sunday through Saturday.

§ 296-10 through § 296-11. (Reserved) [1]

[1]
Editor’s Note: Former §§ 296-10, Permission of land owner required, and 296-11, Zoning ordinances applicable, were repealed 5-24-2016 by Ord. No. 2016:10.

§ 296-12 Enforcement.

This article shall be enforced by the Township Police Department. A violation of this article shall be a punishable offense, punishable by fines or punishment as described in § 1-17A et seq. Violation of this article shall also be cause for revocation pursuant to § 234-9 of the license granted under this article.

§ 296-13 Citizen's choice.

Any resident of the Township may display within two feet of the front door of premises owned or leased by them a written sign not less than five inches by seven inches which shall state "MOBILE VENDORS, SOLICITORS, AND CANVASSERS NOT WELCOME." Failure of a mobile vendor, solicitor, or canvasser to comply with this written wish shall be a violation of this article punishable as described in § 1-17A.