[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Editor's Note: This ordinance also repealed former Ch. 218, Peddling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:
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.
Any person which is or holds itself out to be organized or operated
for any 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.
The promise, payment or grant of any money or property of any kind
or value or the pledge of a future donation.
Only a natural person.
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."
Any individual, organization, trust, foundation, association, partnership,
corporation, society or other group or combination acting as a unit.
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.