[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-26-1990 by Ord. No. 90-18]
For the purpose of this article, the following words as used herein shall be considered to have the meanings ascribed thereto:
- HAWKING and/or PEDDLING
- Engaging in the business of selling goods, wares and merchandise in the Borough of Clementon by soliciting orders for the sale thereof from house to house or by canvassing for their sale from house to house or by crying, huckstering, hawking or peddling goods, wares and merchandise, medicines or remedies on or about the streets, parks or beaches or other public places in the Borough of Clementon.
- REGISTERED SOLICITOR
- Includes any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.
- Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
- Includes any one or more of the following activities:
- A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description whatever, for any kind of consideration whatever.
- B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication.
- C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
- D. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project.
- E. Seeking information on the background, occupation, economic status, social status, religious status, political status, attitudes, viewpoints, occupants of a residence, telephone number, address, furnishings or the like of another person for the purpose of compiling such information as raw data or refined data into a document, record, book or directly to be sold or to be used wholly or in part for a commercial purpose.
- F. Hawking and/or peddling.
Every person desiring to engage in soliciting as herein defined within this municipality is hereby required to make written application for a certificate of registration as hereinafter provided. Such certificate shall be carried by the solicitor. Application must be filed and completed at least 10 days prior to the proposed solicitation.
Application for a certificate of registration shall be made upon a form provided by the municipality. The applicant shall truthfully state in full the information requested on the application, as follows:
The name and address of the present place of residence and length of residence at such address; also business address if other than the present address.
The address of place of residence during the past three years if other than the present address.
The age of the applicant.
A physical description of the applicant along with a current photograph.
[Amended 9-28-2004 by Ord. No. 2004-18]
The name and address of the person, firm or corporation or association whom the applicant is employed by or represents and the length of time of such employment or representation.
The name and address of the employer during the past three years if other than the present employer.
A description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.
The period of time for which the certificate is applied.
The date, or approximate date, of the latest previous application for certificate under this chapter, if any.
Whether a certificate of registration issued to the applicant under this chapter has ever been revoked.
Whether the applicant has ever been convicted of a violation of a felony under the laws of the state or any other state or federal law of the United States.
The names of the three most recent communities where the applicant has solicited house to house.
The proposed method of operation.
The signature of the applicant.
The social security number of the applicant.
All statements made by the applicant upon the application or in connection therewith shall be under oath.
The applicant may be required to submit to fingerprinting by the Clementon Police Department in connection with the application for the certificate.
[Amended 9-28-2004 by Ord. No. 2004-18]
The Borough Clerk shall keep an accurate record of every application received and acted upon, together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.
No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state or any state or federal law of the United States within five years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter; nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided.
Complete and sign an "authorization for release of information agreement."
[Amended 9-28-2004 by Ord. No. 2004-18]
Any certificate of registration issued hereunder shall be revoked by the Chief of Police if the holder of the certificate is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Immediately upon such revocation, written notice thereof shall be given by the Chief of Police to the holder of the certificate in person or by United States mail addressed to his or her residence address set forth in the application.
Immediately upon the giving of such notice, the certificate of registration shall become null and void.
The certificate of registration shall state the expiration date thereof.
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 such residence for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined in defiance of a notice exhibited at the residence which generally states that no solicitors are allowed.
It is hereby declared to be unlawful and shall constitute a nuisance for any person, 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 such residence for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined prior to 9:00 a.m. or after 7:30 p.m. of any weekday or at any time on a Sunday or on a state or national holiday.
The provisions of this chapter shall not apply to officers or employees of the city, county, state or federal government, or any subdivision thereof, when on official business.
Any solicitor who has gained entrance to any residence shall immediately and peacefully depart from the premises when requested to do so by the occupant.
The fee for registration certificates required by this chapter shall be $5 per day. The fee must be paid in advance of the solicitation.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction thereof before the Municipal Court of the Borough, be subject to a fine not exceeding $1,000 or imprisonment in a county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Judge before whom such defendant shall be convicted. A separate offense may be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 10-25-2002 by Ord. No. 2002-25]
Charitable organizations shall be permitted to solicit contributions in the right-of-way of a highway within the Borough of Clementon other than traffic circles or highway segments determined to he inappropriate by the Department in the interest of public safety.
Charitable solicitations are riot permitted on any county highway or intersection thereof without the approval of the Camden County Board of Chosen Freeholders. Charitable solicitations are not permitted on any state highway or intersection thereof without the prior approval of the Department. To obtain approval from the Department, the charitable organization shall obtain a charitable solicitation permit from the Regional Maintenance Engineer.
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise:
- A. Any person determined by the Federal Internal Revenue Service to be a tax-exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
- B. Any person who is, on holds himself or herself out to be, established for any benevolent, philanthropic, humane, social welfare, public health on other eleemosynany purpose or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal which has a tendency to suggest there is a charitable purpose to any such solicitation.
- A. Any purpose described in Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
- B. Any benevolent, philanthropic, humane, social welfare, public health or other eleemosynary objective on an objective that benefits law enforcement personnel, firefighters or other persons who protect the public safety.
- CHARITABLE SOLICITATION PERMIT
- A permit issued by the Department pursuant to N.J.A.C. 16:40-1.1, et seq.
- The New Jersey Department of Transportation.
- A multilane, divided highway having a minimum of two lanes in each direction and limited access.
- A public right-of-way, whether open or improved or not, including all existing factors of improvements.
- State highway property and property rights, including easements, owned and controlled by the Department.
- The portion of the roadway that lies between the edge of the traveled way and curbline, excluding auxiliary lanes.
- STATE HIGHWAY
- A road owned, taken over, controlled, built, maintained or otherwise under the jurisdiction of the Department.
- TRAVELED WAY
- The portion of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
Charitable organizations who desire to solicit contributions in a roadway within the Borough of Clementon shall first satisfy the following requirements:
Each applicant shall submit a permit application to the Chief of Police on forms supplied by the Borough.
An application shall not be considered to have been submitted until the proper application fee has been submitted and the application is deemed complete.
All applications shall be reviewed and either approved or denied within 30 days of their submission. The time for review and approval may be extended by the written consent of the applicant.
The application form shall specify the location, dates and times of the proposed charitable solicitation. One application form may cover multiple dates during the same calendar year.
If the charitable solicitation is on the border of two or more municipalities, each municipality must permit the charitable solicitation by ordinance, and the applicant must obtain a permit from each municipality.
If the charitable solicitation is proposed on any county highway or intersection of a county highway, the application form shall also be accompanied by written approval from the Camden County Board of Chosen Freeholders.
If the charitable solicitation is proposed on any state highway or intersection of a state highway, the issuance of a permit by the Borough of Clementon will he conditioned upon the applicant obtaining a charitable solicitation permit from the Department.
The application must be signed by an authorized representative of the applicant certifying that the applicant has reviewed this article and shall comply with all requirements set forth herein.
The applicant shall provide such other information as may from time to time be required or deemed necessary by the governing body of the Borough of Clementon.
Subsequent to the filing of a complete application in accordance with the provisions of this article, the Chief of Police shall review the application and shall make appropriate recommendations as deemed necessary in his judgment. The Chief of Police shall issue a permit to allow the charitable solicitation, including, as a condition of the permit, any recommendations made by the Chief of Police. The permit shall also be subject to any conditions imposed by law. In cases where the charitable solicitation requires county or state approval, the permit issued shall be conditional, subject to approval by the county and/or state.
Solicitation shall be permitted only at signalized intersections within the Borough of Clementon.
Charitable solicitations in the right-of-way of a highway are subject to the following conditions and requirements:
Solicitation shall be permitted in the right-of-way of a highway, but is strongly encouraged to be off the traveled way.
Solicitation shall not stop traffic on impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease while traffic is moving. Use of flagmen is prohibited.
The charitable organization shall be responsible for cleaning up any debris from the right-of-way.
Solicitation shall only be permitted during daylight hours.
Solicitors shall not drink alcoholic beverages, use drugs or be under the influence of drugs or alcohol when soliciting. Solicitors shall not harass the public.
Each person soliciting charitable contributions on behalf of the charitable organization shall be at least 18 years old.
Charitable solicitations shall comply with the following safety criteria:
All solicitors shall wear safety vests that are in accordance with NJDOT standards.
Parking of vehicles shall comply with applicable traffic regulations. All vehicles shall be parked off site.
Coin tosses shall utilize blankets located off the traveled way as the safest method of solicitation.
The solicitor shall not install any traffic control devices.
Charitable solicitation shall comply with the following signage requirements:
Signs advertising the roadway solicitation are permitted, but they must be of a temporary construction and breakaway to the extent possible.
Signs shall be a maximum of 16 square feet.
Signage shall be accordance with the temporary signage standards contained in the Manual on Uniform Traffic Control Devices, 1988 or superseding issue, available through the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402.
Signs shall not be permitted in the traveled way or in medians less than eight feet in width.
All signs warning, noticing or advertising a solicitation shall be removed immediately following the solicitation event.
The Borough of Clementon may deny a permit based on the following reasons:
To ensure that traffic flow is not unreasonably impeded, interrupted or delayed.
The design of the particular highway and/or intersection, turning movements, travel densities and/or speeds do not permit the safe interaction between the solicitor and vehicular traffic.
The solicitation would interfere with construction activity.
To protect the public safety.
The state, county, local police or the Department may suspend solicitation operations at any time if any condition or requirement set forth herein is violated or, if in the police officer's or the Department's sole discretion, traffic is being impeded or delayed or the public safety is at risk.
The fee schedule for charitable solicitations is as follows:
Notwithstanding the above, the Borough of Clementon shall not be liable in any civil action for damages for property damage or personal injury resulting from a motor vehicle accident arising out of or in the course of solicitations for the purpose of soliciting contributions conducted by a charitable organization.
The provisions of this article shall be enforced by the Chief of Police or his assignee, who shall be responsible for supervising the solicitation and enforcing the terms of the charitable solicitation permit issued by the Department.
Any person guilty of violating a provision of this article shall be liable for a fine not to exceed $100 for each day of such violation. Tickets shall be written by state, county or local police pursuant to N.J.S.A. 39:4-60.