Village of Ridgewood, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of Ridgewood 8-5-2003 by Ord. No. 2834.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and special sales — See Ch. 107.
Businesses and occupations — See Ch. 117.
Farmers' market — See Ch. 141.
Fees — See Ch. 145.
Garage sales — See Ch. 163.
Sidewalks sales — See Ch. 239.
[1]
Editor's Note: This ordinance also repealed former Ch. 218, Peddling and Soliciting, adopted 8-19-1988 by Ord. No. 2170, as amended.
Two of the purposes of this chapter which regulates and restricts solicitation by charitable and noncharitable organizations within the Village of Ridgewood are to protect homeowner privacy and to prevent crime within the Village. The registration requirements of this chapter serve the purpose of providing the public with information relative to the solicitation, and the identification requirements protect the residents of the Village from being confronted with unidentified and possible criminally minded persons at the doors of their residences. Whereas the Village's interest in crime prevention increases at night when serious crimes occur more frequently, this chapter's limitation on the hours of solicitation of Village residents on their residential property is intended to further the Village's interest in crime prevention. It is the judgment of the Village Council that the daylight ordinance advances the Village's crime prevention interest by reducing the number of people on the streets after dark.
As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER or SOLICITOR
Any person traveling from house to house or from street to street taking or attempting to take orders for the sale of goods, wares or merchandise, subscriptions or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of such or whether he is collecting advance payment on such sales or not; any person engaged in soliciting information and going from house to house or from street to street for the purpose of conducting a poll, survey or similar activity for any purpose; any person conducting a solicitation, as defined herein, or requesting contributions of any kind and going from house to house or from street to street on the public streets.
CHARITABLE ORGANIZATIONS
Any person which is or holds itself out to be organized or operated for any charitable purpose.
CHARITABLE PURPOSE
Any benevolent, humane, philanthropic, religious, patriotic, eleemosynary or other nonprofit purpose, including the purposes of influencing legislation or influencing the actions of any public official or instigating, prosecuting or intervening in litigation. The term "charitable purpose" shall not be construed to include the direct benefit of the individual making the solicitation.
CONTRIBUTION
The promise, payment or grant of any money or property of any kind or value or the pledge of a future donation.
INDIVIDUAL
Only a natural person.
PEDDLER
Any person traveling from house to house or from street to street carrying, conveying or transporting goods, wares and merchandise, offering and exposing the same for sale or making sales of food by traveling from house to house or who shall sell or offer the same for sale from a wagon, automotive vehicle, motor truck, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and, as a separate transaction, makes deliveries to purchasers a part of his scheme or design to evade the provisions of this chapter shall be deemed a "peddler," subject to the provisions of this chapter. The word "peddler" shall often include the words "hawker" and "huckster."
PERSON
Any individual, organization, trust, foundation, association, partnership, corporation, society or other group or combination acting as a unit.
SOLICIT and SOLICITATION
The request, directly or indirectly, for the donation of money, property, any thing of value or financial assistance of any kind, and shall include the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including but not limited to goods, books, tags, service emblems, tickets, publications or subscriptions to publications or brochures, and conducted from house to house or on the public streets. A "solicitation" is complete when the solicitation is communicated to any individual then located within the corporate limits of the Village.
A. 
It shall be unlawful for any person, directly or through an agent or employee, or for a peddler, solicitor or canvasser to ply or conduct his trade or solicitation within the Village of Ridgewood without having first obtained a certificate of registration from the Village Clerk, as hereinafter provided.
[Amended 8-8-2007 by Ord. No. 3075]
B. 
It shall be unlawful for any person, individually or as the agent or employee of a person, or for any peddler, solicitor or canvasser to ply or conduct his trade or solicitation within the Village unless his principal or employer has received a certificate of registration, as hereinafter provided.
[Amended 8-8-2007 by Ord. No. 3075]
C. 
It shall be unlawful for any person or for any peddler, solicitor or canvasser to ply or conduct his trade or solicitation within the Village without visibly displaying an identification card issued to that person by the Village Clerk, as hereinafter provided.
[Amended 8-8-2007 by Ord. No. 3075]
D. 
It shall be unlawful for any person to alter an identification card issued by the Village Clerk.
E. 
It shall be unlawful for any person or for any peddler, solicitor or canvasser to solicit while displaying an identification card issued by the Village Clerk in the name of another.
[Amended 8-8-2007 by Ord. No. 3075]
F. 
It shall be unlawful for any peddler, solicitor or canvasser to ply or conduct his trade or to solicit between the hours of 9:00 p.m. and 9:00 a.m. on any day.
[Amended 8-8-2007 by Ord. No. 3075]
G. 
It shall be unlawful for any person, directly or through an agent or employee, or for any peddler, solicitor or canvasser to ply or conduct his trade or to solicit within the Village of Ridgewood after expiration of any certificate of registration.
[Amended 8-8-2007 by Ord. No. 3075]
H. 
It shall be unlawful for any person registering, or the agents or employees thereof, or for any peddler, solicitor or canvasser to ply or conduct his trade or solicit outside the scope of the purposes set forth in the registration statement upon which the certificate of registration was issued.
[Amended 8-8-2007 by Ord. No. 3075]
I. 
It shall be unlawful for any person who shall solicit or for any peddler, solicitor or canvasser to ply or conduct his trade or solicit within the Village to represent that the issuance of the certificate of registration or an identification card by the Village constitutes an endorsement or approval of the purposes of such solicitation by the Village or any officer or employee thereof.
J. 
It shall be unlawful for any person engaged in solicitation or for any peddler, solicitor or canvasser to knock at the door or ring the doorbell of any home, apartment or any other dwelling unit in the Village upon which is clearly displayed at the entrance a notice which reads "No Solicitors" or which otherwise clearly purports to prohibit solicitation on the premises, unless such person is or has been invited upon the premises by the occupant thereof.
K. 
It shall be unlawful for any solicitor or for any peddler or canvasser to fail or refuse to depart from any premises upon being requested, either orally or in writing, to leave the premises by any owner or occupant thereof.
A. 
All persons, except as otherwise provided in this chapter or by law, desiring to solicit for charitable or other purposes or to peddle, solicit or canvas within the Village shall file with the Police Department prior to any such solicitation a registration statement on forms provided by the Police Department containing the following information:
(1) 
The name of the person registering and desiring to solicit or to peddle, solicit or otherwise canvass.
(2) 
Whether the person registering is a natural person, partnership, corporation or association and:
(a) 
If a natural person, the business and residence address and telephone number must be given.
(b) 
If a partnership, the names of all partners and the principal business address and telephone number of each partner must be given.
(c) 
If a corporation, the person registering must state whether it is organized under the laws of New Jersey or is a foreign corporation and must state the mailing address, the business location, the telephone number, the name of the individual in charge of the local office of such corporation and the names of all officers and directors or holders of 10% or more of the stock of or interest in said corporation or trustees of said corporation and, if a foreign corporation, the place of incorporation.
(d) 
If an association, the registration statement shall show the association's principal business address and telephone number, if any, and shall show the names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed 10 in number, in which case the application shall so state and the person registering may alternatively list the names and principal business or residence addresses and telephone numbers of the officers and directors who are trustees of the association. If the association is part of a multistate organization or association, the mailing address and business location of its central office shall be given in addition to the mailing address and business location of its local office.
(3) 
The name, address, date of birth, social security number, personal photograph(s) and complete driver's license information of the person or persons who shall be conducting the solicitation or otherwise peddling, soliciting or canvassing.
[Amended 8-8-2007 by Ord. No. 3075]
(4) 
A brief description of the nature of the business and the goods to be sold or services to be performed for which funds are to be solicited and an explanation of the intended use of the funds toward that purpose.
[Amended 8-8-2007 by Ord. No. 3075]
(5) 
The names, mailing addresses, telephone numbers, social security numbers and drivers' license information of all individuals who will be in direct charge or control of the solicitation or of the peddling, soliciting or canvassing but who otherwise will not take active part in going from door to door or from street to street.
(6) 
The time period within which the solicitation or the peddling, soliciting or canvassing is to be conducted, giving the date of the commencement and termination of the effort.
(7) 
If a vehicle or vehicles are to be used in the solicitation, a description of the same, including year, make and model, together with a license plate number, registration certificate information and liability insurance information or other satisfactory means of identification.
[Amended 8-8-2007 by Ord. No. 3075]
(8) 
The names of any other municipalities in which the person registering has solicited or otherwise peddled, solicited or canvassed within the previous 12 months.
[Amended 8-8-2007 by Ord. No. 3075]
(9) 
A statement to the effect that if a certificate of registration is granted, such certificate will not be used as, or represented to be, an endorsement by the Village or any of its officers or employees.
(10) 
The names of any officer, director, trustee, partner, stockholder, peddler, solicitor or canvasser who has been convicted of a felony or a misdemeanor or found liable in a civil action involving any solicitation or transaction or enterprise found to be fraudulent within the past 10 years, the nature of the offense or liability, the state where the conviction or judgment occurred and the year of such conviction or judgment.
(11) 
An explanation of the reasons, if the person registering is unable to provide any of the foregoing information, why such information is not available.
B. 
The registration statement must be signed by the applicant, if the person registering is an individual; if the person registering is a partnership, by a partner in charge; if the person registering is a corporation or association, by an officer authorized to execute such certificate of registration.
The Department of Police shall review the registration statement to determine its compliance with the terms of this chapter. Such review shall be completed in a prompt manner. Thereafter, the registration statement endorsed by the Police Department shall be forwarded to the Village Clerk who is directed, upon payment of the prescribed fee or in the event of an applicant who is not required to pay a fee, to either issue a certificate of registration within 48 hours after receipt of the same or to notify the person registering that the registration statement does not comply with the requirements of this chapter and to specifically point out the information that has not been furnished and that is required before a certificate of registration can be issued. The Village Clerk shall attend to this function within 48 hours after receipt of the registration statement. In the event that the applicant is aggrieved by the failure to issue a certificate of registration, the applicant shall have the right, within five days of denial by the Village Clerk, to appeal the denial to the Village Manager. The Village Manager shall conduct an informal hearing and issue a determination within five days of the filing of an appeal to the Village Manager. In the event that the applicant is aggrieved by the determination of the Village Manager, the applicant shall be entitled to apply for summary relief in the Superior Court of New Jersey, and the Village consents to summary jurisdiction of the issues involved.
[Amended 8-8-2007 by Ord. No. 3075]
The license fee to defray the cost to the Village of processing, verifying and supervising the application information shall be as set forth in Chapter 145, Fees.
The following persons are exempt from the registration requirement of this chapter:
A. 
Any person whose activities are regulated exclusively by the state.
B. 
Any person selling subscriptions for the delivery of newspapers to the door of a residence or business on a regular daily or weekly schedule.
C. 
Anything otherwise contained in this chapter to the contrary notwithstanding, any person may travel from house to house, or from street to street, solely for the purpose of communicating information or seeking views or polling for noncommercial purposes, for example, political or charitable or religious conversation, without the requirement of registering hereunder. This chapter shall not be utilized to regulate the free exchange of ideas of a political or religious or charitable nature, unless the free exchange of ideas is accompanied by an attempt to sell or to solicit, as is defined in § 218-2, Definitions, of this chapter.
D. 
Any persons desiring to solicit, peddle or canvass within the Village for charitable or other nonprofit purposes and religious and political organizations shall be exempt from satisfying the requirements of this chapter. Persons desiring to solicit, peddle or canvass for charitable or nonprofit purposes shall notify the Village Clerk's office of such intent or desire in person prior to any such solicitation, peddling or canvassing and provide proof of charitable or nonprofit purpose and, in the case of a charitable organization, proof of the qualifications as such under the Internal Revenue Code.
[Added 8-8-2007 by Ord. No. 3075]
A. 
The Village Clerk shall prescribe the form for identification cards. However, each such identification card shall bear the name of the person registering, the registration number, the name of the person or agent and the expiration date of the certificate of registration and shall have printed prominently thereon in red: "This identification card is not an endorsement by the Village of Ridgewood or its officers and employees."
B. 
The person registering shall provide by a separate list the names, addresses, dates of birth and social security numbers and drivers' license information of all agents or employees for whom identification cards are desired. The Village Clerk shall issue cards on forms provided by the Village Clerk.
C. 
The identification card shall be worn at all times on an outer garment, in order that it may provide a ready means of identification.
A. 
Every certificate of registration and identification card issued by the Village Clerk shall be issued on a calendar-year basis and shall terminate on December 31 in the year in which it was issued. The fees shall not be prorated over the calendar year.
B. 
The Village Clerk shall have the power to recommend the revocation of any certificate of registration and identification card that may have been granted as herein provided. Such recommendation of revocation shall be addressed to the Village Manager who, upon receipt of such recommendation of revocation, shall order the immediate temporary revocation of the certificate of registration and shall notify the certificate holder to show cause, if any, upon a date certain not less than three days from the date of such notice why said permit should not be permanently revoked; all solicitations under such permit shall be suspended from the date of service of the notice until final disposition of the case. A misrepresentation of or making untrue statements with regard to solicitations or the purpose thereof in the application or a finding that the solicitation has been conducted or is being conducted in violation of this chapter or contrary to law shall be grounds for the Village Clerk's recommendation for revocation of such permit.