[HISTORY: Adopted by the Township Committee
(now the Township Council) of the Township of Saddle River (now the
Township of Saddle Brook) 7-13-1951 by Ord. No. 344. Amendments noted where applicable.]
[Amended 8-4-2016 by Ord. No. 1611-16]
No person shall canvass, peddle, vend from house
to house, solicit nor call from house to house, within the limits
of the Township of Saddle Brook, hereinafter also referred to as the
"Township," without first having reported to and received a written
permit and identification card.Upon approval of the Police Chief and
Township Clerk, the police shall issue a permit. The fees for said
application shall be an additional $50 to those already in place.
[Amended 6-28-2001 by Ord. No. 1231]
A.
Issuing authority. Upon application having been duly
made in accordance with the terms of this section, the Township Council
shall hereafter have the power to issue a general canvassing permit,
together with a vendor's identification card, to all applicants who
have satisfied the criteria established by virtue of this chapter.
B.
Contents of application.
(1)
In support of a vendor's application for the issuance
of a canvassing permit, the following information, in addition to
such other information deemed necessary or appropriate by the Township
Council, shall be provided for consideration by the Township Council:
(a)
Name of permittee.
(b)
Permittee's business address.
(c)
Permittee's tax ID or social security number.
(d)
Identification of all persons authorized to
canvass or solicit in accordance with terms of the permit.
(g)
Authorization to investigate criminal history/arrest record/conviction record of each person identified in Subsection B(1)(d) above.
(h)
Area in which permittee is authorized to solicit.
(i)
Method of solicitation to be utilized by permittee.
(j)
Description of project or endeavor for which
permittee is working.
(k)
Submission of photograph of all persons authorized
to engage in solicitation.
(2)
Such application shall be made in accordance with
such forms as may be proscribed by the Township of Saddle Brook.
Said identification card shall bear a number
corresponding with the number on the written permit simultaneously
issued and shall bear the words "Saddle Brook Township Canvassing
Permit."
A.
The aforementioned written permit shall specify the
period of time that the permit will be in effect, permittee's full
name, address, age, height, weight, place of birth, whether married
or single, length and place of residence, whether or not previously
arrested or convicted of crime, by whom employed, address of employer
and description of project for which the canvasser is working, and
have attached thereto a recent photograph of the permittee.
B.
A permit shall not be issued in any case where the
investigation of the issuing authority shows that the applicant is
not of good character or that said applicant is canvassing or engaged
in a project not entirely free from fraud or misrepresentation.
C.
Upon submission of an application for issuance of
a canvassing permit, the applicant shall pay to the Township an application
fee of $100, plus an identification card fee of $25 for each identification
card issued by the issuing authority in accordance with such application,
and all such permits and identification cards shall expire one year
following the date of issuance.
[Amended 12-30-1981 by Ord. No. 849; 7-12-1990 by Ord. No. 1006; 11-3-1994; 6-28-2001 by Ord. No. 1231]
D.
Said permit may be revoked at any time by the issuing
authority for failure or refusal on the part of the permittee to comply
with the terms, conditions and provisions of this chapter.
[Amended 6-28-2001 by Ord. No. 1231]
All vendors conducting business in accordance
with a duly issued canvassing permit and identification card shall
conduct such canvassing, peddling or solicitations in a courteous
manner and otherwise conduct themselves in a lawful manner at all
times. All such conduct shall be undertaken in a manner which shall
in no way compromise the privacy, health, safety, welfare or security
of the residents of the Township of Saddle Brook. Upon a determination
by the Township's Director of Public Safety that the conduct of a
holder of an identification card issued in accordance with the terms
of this chapter has violated the code of conduct set forth herein
or upon expiration of such permit, which ever shall first occur, all
identification cards issued in accordance with such permit shall be
surrendered forthwith to the officer in charge at the Saddle Brook
Police Headquarters.
Permittees shall be courteous and conduct themselves
in a lawful manner at all times. Upon expiration of the permit the
holder thereof shall surrender the same, together with the identification
card, forthwith to the officer in charge at the Saddle Brook Township
police headquarters.
[Added 4-1-1991 by Ord. No. 1023]
A.
It is hereby declared to be unlawful and shall constitute
a nuisance for any person, partnership or corporation or other entity,
no matter how described, whether registered under this chapter or
not, to go upon any premises and ring the doorbell upon or near any
door of a residence located thereon or rap or knock upon any door
or create any sound in any other manner calculated to attract the
attention of the occupant of said residence for the purpose of securing
an audience or discussion with the occupant thereof and engage in
canvassing, peddling, vending or solicitation prior to 10:00 a.m.
or after 9:00 p.m. of any weekday, or at any time on a Sunday or on
a state or federal holiday.
B.
It is hereby declared to be unlawful and shall constitute
a nuisance for any person to go upon any premises and ring the doorbell
upon or near any door or create any sound in any other manner calculated
to attract the attention of the occupant of said residence for the
purpose of securing an audience or discussion with the occupant thereof
and engage in canvassing, peddling, vending or solicitation in defiance
of a notice exhibited at the residence which states "No Canvassing
Permitted," "No Peddling Permitted," "No Vending Permitted" or "No
Solicitors Permitted." The solicitor, whether registered or not, shall
immediately and peacefully depart the premises if such a notice is
displayed.
C.
Sunday restrictions shall not apply to charitable or civic organizations or activities by student organizations either associated with any school system located in the Township of Saddle Brook or associated with any recreational organization organized in the Township of Saddle Brook, nor shall they apply to activities by such organizations generally identified as Boy Scouts, Girl Scouts, Cub Scouts and similar youth organizations; however, these organizations must file a written notice or statement with the Police Department setting forth the time, place and duration of their activities even though they are exempt from the terms of this chapter, nor shall they apply to anyone who has received a lawful and authorized license or permit to conduct an activity pursuant to the Licensing Code of the Township of Saddle Brook presently contained in Chapter 120 of the Saddle Brook Code.
The terms of this chapter shall not be held
to include the acts of persons, firms or corporations selling personal
property at wholesale to retailers in such articles; nor to apply
to merchants or their employees engaged in the act of delivering newspapers,
advertising circulars and/or goods in the regular course of their
business or the collection of payments therefor, nor to any public
utility and its duly authorized representative or agent, provided
that said exemption shall not apply to any public utility agent or
representative engaged in the business of selling other than public
utility services; nor to any religious or charitable organization.
This chapter shall not affect any person or
persons employed by an insurance company duly licensed to do business
in the State of New Jersey.
Issuance of permits to honorably discharged
veterans and exempt firemen shall be in strict compliance with N.J.S.A.
45:24-9 to 45:24-12 and any amendments or supplements thereto hereafter
enacted.
[Amended 6-28-2001 by Ord. No. 1231]
Any person convicted of violating any of the
provisions of this chapter shall pay a fine not exceeding $500 for
each offense or shall be imprisoned for a term of not more than 90
days, or both, such fine or imprisonment to be at the discretion of
the Judge of the Municipal Court of the Township of Saddle Brook or
such Acting Judge sitting in his or her stead.
[Added 8-4-2016 by Ord.
No. 1611-16]
A.
Collection, preparation and maintenance of a nonsolicitation list.
The Office of the Township Clerk shall collect, prepare and maintain
a list of addresses of those premises where the owner and/or occupant
has notified the Clerk that soliciting and canvassing are not permitted
on his/her premises. To be included on the nonsolicitation list, residents
shall complete a form supplied and maintained by the Township, without
cost to the resident. With the adoption of this section, the Office
of the Clerk shall make the form available to all residential property
owners or occupants and may distribute same thereafter in any manner
directed by the governing body.
B.
The Township Clerk, or his designees, shall submit the nonsolicitation
list to the Chief of Police on a quarterly basis, which nonsolicitation
listing shall be distributed to applicants seeking a license to solicit
or canvass pursuant to the provisions of this chapter by the Township
Clerk. The applicant shall acknowledge, in writing, receipt of this
list as part of the application process. The licensee shall not solicit
or canvass at any address on the nonsolicitation list.
C.
On or about January 1, April 1, July 1, and October 1 of each year,
the Office of the Clerk shall update the list. The updated list shall
then be forwarded to the Chief of Police for distribution to solicitors
and/or canvassers, and said list shall not contain residents'
names. Nothing herein shall prohibit the more frequent updating of
the list by the appropriate Township official.
D.
Any solicitor or canvasser violating the provisions of this section
as described above shall be punishable by a fine of not more than
$1,000 or imprisonment in the county jail for not more than 90 days,
or both, in the discretion of the court, and the revocation of their
permit.
