[HISTORY: Adopted by the Mayor and Council of the Borough
of Shrewsbury 9-27-1973 by Ord. No. 346 as Ch. 45 of the 1973
Code; amended in its entirety 5-21-2012 by Ord. No. 982. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who goes from place to place, house to house,
or person to person, selling, offering to sell or purchase, or taking
orders for goods, wares, merchandise, real estate or any article for
future delivery or for services to be performed in the future or for
the making, manufacturing or repairing of any article or thing whatsoever
for future delivery or for the solicitation of money. Canvassing shall
also include any person going from house to house for the purpose
of obtaining the views of any person upon any economic or social question
or a project for the purpose of distributing literature, pamphlets,
circulars, samples and the like for purposes of information and advertising
for noncommercial purposes. Canvasser or solicitor shall not include
wholesale salespersons calling on retail merchants.
Means and includes any printed or written matter, any sample
or device, dodger, circular, leaflet, pamphlet, paper, booklet, or
any other printed or otherwise reproduced original copies of any matter
of literature which:
Advertises for sale any merchandise product, commodity or thing;
Directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of, either directly
or indirectly, promoting the interest thereof by sales;
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind, for which an admission fee is charged
for the purpose of private gain or profit; or
While containing reading matter other than advertising matter,
is predominately and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Means and includes any person engaging or engaged in the
business for hire or gain of distributing commercial or noncommercial
handbills, other than newspapers distributed to subscribers thereof,
and any person receiving compensation directly or indirectly for the
distribution of such handbills.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the United States Postal Service
in accordance with federal statute or regulation and a newspaper filed
and recorded with any recording officer as provided by law; and, in
addition thereto, includes any periodical or magazine regularly published
with not less than four issues per year and sold to the public.
Means and includes any printed or written matter, any sample
or device, dodger, circular, leaflet, pamphlet, newspaper, magazine,
paper booklet, or any other printed or otherwise reproduced original
or copies of any matter or literature not included in the aforesaid
definitions of a sign, or a commercial handbill, or a newspaper.
An organization or entity possessing a tax-exempt status
which shall be evidenced by furnishing to the Borough a tax-exempt
number provided by the State of New Jersey and/or the government of
the United States.
Any person who goes from house to house, place to place,
or person to person, carrying, conveying or transporting goods, wares,
merchandise or services and offering or exposing the same for sale
or delivering articles for purchasers. The words "peddler," "hawker"
and "vendor" shall not include a wholesale salesperson calling on
retail merchants.
Any individual, firm, partnership, corporation, voluntary
association, incorporated association, and any principal or agent
thereof, who has not been convicted of any crime or misdemeanor involving
moral turpitude and has not been convicted of any prior violation
of this chapter.
Any person, whether as owner, agent, servant, employee or
consignee, who engages in a temporary business of selling and delivering
goods, wares and merchandise within the Borough of Shrewsbury and
who, in furtherance of such purposes, hires, leases, uses or occupies
any building, structure, motor vehicle, shops or any street, alley
or other public place within the Borough for the exhibition and sale
of such goods, wares and merchandise, either privately or at public
auction.
The purpose of this chapter is to prevent unfair competition, dishonest business practices and fraudulent solicitation, traffic hazards and undue annoyance to householders and tenants by the regulation of transient merchants, hawkers, peddlers, junk dealers, solicitors, canvassers and handbill distributors as defined in § 132-1.
Except as herein provided, it shall be unlawful for any transient merchant, hawker, peddler, canvasser and solicitor or handbill distributor to sell, dispose of or offer for sale or disposal any goods, wares, merchandise or publications or to solicit money, services or other things of value within the Borough of Shrewsbury without first applying for and obtaining a license as required by Chapter 152, Licenses, and complying with all other requirements for applicants for licenses and licensees set forth in said Chapter 152.
The following persons shall be exempt from the requirements of this chapter, except for the provisions of § 132-12 (Time restrictions) and § 132-10 (Regulations for licensees; code of conduct):
A.
Any person who conducts a judicial sale under the authority of state
or federal laws.
B.
Any exempt member of a volunteer fire department, volunteer fire
engine, hook and ladder, hose or supply company, first aid squad or
salvage corps of any municipality or fire district in this state,
who holds an exemption certificate issued to him as an exempt member
of any such department, company or corps, who is a resident of the
State of New Jersey and who has procured a license in the manner and
under the conditions prescribed in N.J.S.A. 45:24-9 et seq., as amended,
supplemented and in force.
C.
Any person honorably discharged from the military forces of the United
States, who is a resident of the State of New Jersey and who has procured
a license in the manner and under the conditions prescribed in N.J.S.A.
45:24-9, as amended, supplemented and in force.
D.
Any persons who are the owners or authorized operators of any business or activity described in Subsections A through C above, who hold any unexpired license or permit issued by the Borough under any other ordinance in such business or activity, provided that such employer or authorized operator submits to the Borough Clerk, for approval, the name and address of such employed person, and provided that, following such approval by the Chief of Police, to be submitted by him to the Borough Clerk, the employer or authorized operator applies to and obtains from the Borough Clerk a permit showing the name and address of the employer or authorized operator, the name and address of the person so employed, the character of the business or activity and such other matters as may, from time to time, be required by the Police Committee of the Borough.
E.
Children 18 years of age or younger that are members of the Boy Scouts,
Girl Scouts, any local grammar/high school educational fundraisers,
local recreation/ travel sports teams, whether they are soliciting,
peddling or canvassing door to door or at a storefront. These individuals/organizations
must first get the approval of the business owners prior to any storefront
solicitation or peddling of merchandise.
F.
Bell ringers collecting for the Salvation Army at storefronts during
the holiday season. Approval by the store owners prior to any solicitation
is required.
G.
Store owners or their employees handing out coupons or store fliers
within 10 feet of the main entrance to their store.
H.
Persons engaged in the sale or delivery of newspapers qualified as
legal newspapers within the meaning of N.J.S.A. 35:1-1 et seq., as
amended, supplemented and in force.
I.
Officers or employees of the Borough, state or federal government
when on official business.
J.
Any public utility or its employees, which said utility is subject
to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employee shall display the identification
badge or card issued by his employer.
K.
Any person, not otherwise subject hereto, engaged in the delivery
of goods, wares or merchandise or other articles or things in the
regular course of business to the premises of persons who had ordered
the same or were entitled to receive the same by reason of a prior
agreement.
L.
Any person, soliciting votes or support of any bona fide political
candidate seeking public office, including primary election; any activity
or conduct connected with or relating to voter registration; or any
conduct or activity relating to the expressing of opinion on, or soliciting
support for, any public candidacy or public issue or question. As
a courtesy to the Borough, these persons should alert the Borough's
administrative offices and Borough Police Department when they plan
to canvass.
Persons soliciting or canvassing for a lawful recognized nonprofit religious or charitable organization shall be exempt from the licensing fees set forth in Chapter 152. Persons deemed to be lawful, nonprofit religious or charitable organizations must provide the following materials to the Borough Clerk's office and the Borough Police Department prior to the issuance of a canvassing or soliciting license:
A.
A completed application to obtain a canvassing/soliciting license
must include the following:
(1)
Name of the organization and the purpose of the canvassing/solicitation.
(2)
Proof of tax-exempt status from the State of New Jersey or the government
of the United States.
(3)
Bylaws or mission statement of the organization, if applicable, confirming
the solicitation is prompted by a desire to finance the charitable
or religious cause described in the application and is not for private
profit.
(4)
Name of all solicitors/canvassers, including the specific dates and
times on where in the Borough the solicitation will occur. A copy
of said list shall be provided to the Borough Police Department.
In addition to the requirements of § 152-7 of Chapter 152, Licenses, persons applying for licenses as transient merchants, itinerant merchants, itinerant vendors, peddlers, solicitors, canvassers or handbill distributors shall furnish this further information on their respective applications or attach the same thereto:
A.
Name, address and phone number of business applying for a soliciting,
canvassing, peddling or handbill distribution license.
B.
A statement of the nature, character and quality of the goods, wares
or merchandise to be sold or offered for sale, where manufactured
and located and the proposed method of delivery.
C.
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers.
D.
The place or places within or outside the Borough of Shrewsbury where
the applicant, within two years next preceding the date of said application,
did carry on business, peddle, solicit, canvass or distribute.
E.
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of the
applicant's business or the method or plan of doing such business
as the Borough Clerk may deem proper to fulfill the purposes of this
chapter in the protection of the public good.
G.
A listing of all misdemeanors, felonies or violations of any municipal
ordinances for which the applicant has been convicted, the nature
of the offense and the punishment assessed therefor. If the applicant
is not an individual, these provisions shall apply to its officers
and managers.
H.
The name, personal address and contact number for each person authorized by § 132-6F to canvass, solicit, peddle or distribute handbills on their behalf.
I.
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
J.
Criminal history background check.
(1)
A criminal history background check will be required for each solicitor,
canvasser, peddler or handbill distributor. The Borough Police Department
requires that the background check be completed by Morphotrak, the
only firm recognized by the New Jersey State Police. The fingerprint
forms will be supplied by the Borough's Police Department when the
applicant completes the license application.
(2)
For any canvassing, soliciting, peddler or handbill distribution
licenses being renewed, the police may decide to allow a name check,
instead of a fingerprint background check, if the initial New Jersey
State Police and FBI fingerprint check, performed by Morphotrak, yielded
the approval of the Chief of Police.
(3)
No person will be permitted to commence peddling, soliciting, canvassing
or distributing handbills prior to the successful completion of the
criminal history background check process. Any person who refuses
to consent to this procedure shall not be issued a license.
(4)
The costs associated with the criminal history background check are
the responsibility of the applicant, not the Borough.
(5)
The Borough Police Department will be responsible for maintaining
and reviewing the results of the criminal history record information
received from the New Jersey State Police Bureau of Identification
and the Federal Bureau of Investigation. The Chief of Police will
advise the Borough Clerk's office whether to endorse or deny the license
application.
K.
Two photographs of the applicant, taken within 30 days immediately
prior to the date of filing of the application, which pictures shall
be two inches by three inches, showing the head and shoulders of the
applicant in a clear and distinguishing manner.
L.
If a vehicle is to be used, a description of the same, together with
the license registration number or other means of identification.
M.
A complete schedule of the date, time and place or places in the
Borough where the applicant proposes to solicit, canvass, peddle or
distribute handbills. The license will only be good for one month
at a time, with a maximum of three months within a twelve-month period.
A.
Upon receipt of the completed license application, including the
results of the completed background check, the original will be reviewed
by the Chief of Police or police designee to assure the moral character
of the solicitor, canvasser, peddler or handbill distributor which
is necessary for the protection of public welfare.
B.
If, as a result of such review, the licensee's character and/or owner's
business responsibility is found to be unsatisfactory, the Chief of
Police shall endorse on such application his disapproval and his reasons
for same and return the application to the Borough Clerk, who shall
notify the applicant that his application is disapproved. Any determination
by the Chief of Police that an application is unsatisfactory shall
be based only upon one or more of the following findings with respect
to the licensee/applicant:
(1)
The criminal background check reveals a record of conviction of any
crime or disorderly offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq. (criminal homicides);
N.J.S.A. 2C:12-1 et seq. (assault; reckless endangering; threats);
N.J.S.A. 2C:13-1 et seq. (kidnapping and related offenses); N.J.S.A.
2C:14-1 et seq. (sexual offenses); or N.J.S.A. 2C:15-1 et seq. (robbery);
or
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq.; or
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes; or
(d)
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except for N.J.S.A. 2C:35-10a (4) (minimal amounts of marijuana or hashish).
(e)
In any other state or jurisdiction, conduct which, if committed
in New Jersey, would constitute any of the crimes or disorderly person's
offenses described herein.
(2)
Prior violation of a canvassing, peddling, soliciting or similar
ordinance.
(3)
Previous fraudulent acts or conduct.
(4)
Records of breaches of soliciting contracts.
(5)
Misrepresentation or false statement contained in the application
for the license.
(6)
Concrete evidence of bad moral character.
C.
If the Chief of Police disapproves of an application for a license
the applicant may appeal to the Borough Council to grant the license.
Such appeal may be heard by the Borough Council at any special or
regular meeting, and shall be made on five days' notice to the Chief
of Police. Either the Chief of Police, or a member of the Police Department
shall attend such hearing, and shall state the reasons for disapproval.
There shall be no administrative appeal from the decision of the Borough
Council on this appeal.
A.
After review of the completed license application that the character and business responsibility of the owner and licensee are found to be satisfactory, the Chief of Police shall endorse his approval of the application. Upon approval the Clerk's office shall, upon payment of the license fee set forth in Chapter 152, Licenses, execute and deliver the license.
B.
The license issued hereunder shall contain the signature of the Chief
of Police and the Borough Clerk and shall show:
(1)
The name and address of the licensee.
(2)
The name and address of the business or organization the licensee
is representing.
(3)
The type of license issued (canvassing, solicitation, handbill distribution).
(4)
The purpose or reason for the license request; kinds of goods or
services being sold, discussed or distributed thereunder.
(5)
The date of issue.
(6)
The expiration date of the license.
(7)
The license number and description of the vehicle, if applicable.
(8)
The areas of the Borough the licensee is allowed to canvass, peddle
or distribute handbills.
(9)
The days and times licensee is permitted to canvass, solicit, peddle
or distribute handbills.
A.
All licenses shall be issued on forms drawn in accordance with this
section and shall be consecutively numbered.
B.
A ledger will be kept in the Borough Clerk's office that maintains
a list of all applications, showing what kind of license was issued,
whether new or renewal, name of licensee, name of business, date of
approval, date the license is issued, date of expiration and the areas
in which the licensee is allowed to canvass, peddle or distribute
handbills.
C.
The Clerk shall keep the original license application and supporting
paperwork.
D.
The Clerk's office will provide the Police Department with a copy
of each approved license. The Clerk's office shall keep a record of
all complaints received, if any, concerning each license.
A.
Every holder of a license issued by the Borough under authority of
this section shall be required to carry such license while engaged
in the licensed activity within the limits of the Borough. The licensee
shall produce such license at the request of any official of the Borough
or of any resident of the Borough with whom the holder wishes to conduct
the licensed activity.
B.
Upon the expiration, cancellation, suspension or revocation of any
license issued under the provisions of this chapter, the licensee
shall surrender the same to the Borough Clerk within 24 hours after
notice of such cancellation. The Borough Clerk shall notify the Chairman
of the Police Committee and the Chief of Police of the failure of
any person to surrender, as herein required, any expired license or
any license which may have been canceled or revoked.
C.
The holder of any license shall not canvass or solicit orders for
any articles from pedestrian or vehicular traffic on or adjacent to
any public street, avenue or highway within the limits of the Borough
of Shrewsbury in such manner as will interfere with the normal and
usual use of such public street, avenue or highway.
D.
The holder of any license shall not enter in or upon any house, building
or other structure or any land or property without the prior consent
of the owner or occupant thereof, where there is placed or posted
on the premises in a conspicuous position at or near the usual means
of ingress thereto a sign or other form of notice stating or indicating
that the owner or occupant thereof forbids or does not desire persons
engaged in any business or activity for which a license or permit
is required to enter upon the premises.
E.
The holder of any license, on delivery of any article, ware, product
or merchandise paid for in full, or on the payment in full of any
sum of money, shall give a written, dated receipt therefor in full.
F.
The holder of any license shall, if payment is not fully made in
the first instance or if payment is to be made in installments, give
written, dated receipts for all payments. Such receipt shall show
the price of the article, ware, product or merchandise ordered or
sold, or the total amount solicited; the down payment, if any; the
time and amounts of installment payments and the time of the final
payment, including the time for the final delivery, if any, of any
article, ware, product or merchandise purchased or ordered. Copies
of any receipts herein required shall be kept by the holder of any
such license and produced on demand by the Chief of Police.
G.
The licensee shall not transact any business which shall concern
any goods, wares, real estate, merchandise or services other than
that specified in the application for license or which shall consist
of fraud, cheating or material misrepresentation.
H.
The licensee must remove themselves from the premises immediately
after being asked to leave by anyone.
I.
No person shall shout, make any outcry, blow a horn, or any loudspeaker,
radio or sound-amplifying system upon any streets, alleys, parks or
other public places of the Borough or upon any private premises 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 purposes to sell.
J.
Distribution of commercial handbills on cars, moving or standing,
on private property or in public streets or parking areas is prohibited.
It shall not be unlawful for a person to hand out or distribute without
charge to the receiver therefor a noncommercial handbill to any person
willing to accept it.
K.
No person shall have exclusive right to any location in or upon the
public streets or rights-of-way thereof, nor shall any vested rights
arise from the use of any location, and no person shall be permitted
to operate in any location or area where his presence presents a public
hazard, danger or inconvenience, contributes to vehicular or pedestrian
congestion or constitutes a public nuisance.
L.
The licensee shall not leave on or about the resident's property
any circular, samples or other manner or materials unless same is
handed to an occupant of the property.
M.
The licensee shall not indicate that the Borough endorses or sponsors
any of the views expressed or the organization for which support or
contributions are sought.
N.
The licensee 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.
O.
The licensee shall not engage in any course of alarming conduct or
conduct himself/herself so as to alarm or seriously annoy the residents.
P.
The licensee shall not engage in any conduct which is prohibited
by any statute, regulation or ordinance in effect in the Borough of
Shrewsbury.
Q.
The distribution or dissemination of such shall be done without causing
any litter or debris to accumulate upon the public or private areas
of the Borough of Shrewsbury.
R.
The licensee shall not be permitted to wear any kind of mask or head
covering which in any way conceals his identity.
The requirements of this chapter shall not affect or apply to
any person engaged in the delivery of goods, wares, merchandise or
other article in the regular course of business to the premises of
persons ordering or entitled to receive the same.
No soliciting, canvassing, peddling or handbill distribution
shall be conducted in the Borough of Shrewsbury before 9:00 a.m. or
later than 8:00 p.m.
Any person required by this chapter to procure a license who
violates the terms thereof or fails to comply with N.J.S.A. 45:24-1
through 45:24-8, inclusive, as amended, supplemented and in force,
or who violates any of the provisions of this chapter shall, upon
conviction, be subject to a fine of not less than $50 nor more than
$1,250, a term of imprisonment not exceeding 90 days or a period of
community service not exceeding 90 days, or any combination thereof.
[Added 7-18-2022 by Ord. No. 2022-1095]
A.
Notwithstanding the provisions of any other subsection of this section,
any person or entity who owns or rents property within the Borough
may register such property on a "Do Not Solicit" list.
B.
Registration for the "Do No Solicit" list shall be made as follows:
(1)
The "Do Not Solicit" list shall be maintained by the Borough Clerk.
(2)
The "Do Not Solicit" list shall consist solely of property addresses,
and shall include no further identifying information concerning the
ownership of the property.
(3)
Property owner must notify the Borough Clerk of any change in ownership
of property within the Borough. The Borough Clerk shall remove from
the "Do Not Solicit" list any property which has changed ownership.
C.
The Borough Clerk's office shall provide a copy of the "Do Not
Solicit" list to every applicant to whom a license is issued pursuant
to this section.
D.
Solicitation of any nature at any address identified on the "Do Not
Solicit" list shall constitute a violation of this section. Each and
every solicitation at an address identified on the "Do Not Solicit"
list shall constitute a separate violation of this section.
E.
This section shall not apply to political campaigning, or religious,
charitable, or other not-for-profit entities.
