[HISTORY: Adopted by the Township Council
of the Township of Maple Shade 10-1-1975 as Ch. 91 of the 1975 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Business licensing — See Ch. 114.
[Amended 9-20-2000 by Ord. No. 2000-11]
It is hereby determined, declared and recited
that the legitimate business or practice of peddling, soliciting and
canvassing from door to door or place to place, regardless of purpose,
affords a means for the criminal-minded to obtain admittance to private
homes or to survey private homes in furtherance of some present or
future unlawful objective and an opportunity for the practice of fraud,
deceit and dishonest dealing by the unscrupulous minority with redress
difficult because of lack of means of identifying the peddler or solicitor,
and, consequently, public safety and welfare require that those going
from door to door, house to house or place to place for any purpose
be required first to give such information as will identify themselves
and prevent possible abuse of the right by the criminally inclined.
As used in this chapter, the following terms
shall have the meanings indicated:
The making of calls as part of a service to which the occupant
of the house subscribes.
The act of going from door to door or house to house within
this township without prior express invitation or request from the
occupant of the premises at which the call is made, or going from
place to place within the Township of Maple Shade, for any purpose
or in any fashion, including but not limited to the vending, selling,
offering for sale, distribution, dissemination or delivery of goods,
wares, merchandise or services, or of written, oral or recorded intelligence
or communication or invitation of any kind, including the ringing
of a bell, buzzer or alarm, or requesting, inviting or taking orders
or subscriptions for present or future delivery or furnishing of any
such things or matters; or for the purpose of making canvasses, surveys
or the like or doing any other act which is commonly comprehended
within the terms "soliciting," "canvassing" or "peddling." The foregoing
definition shall not include the discharge of any governmental duty,
the giving of an alarm of fire or other emergency warning, campaigning
by any political party or by the candidates of any political party,
or soliciting duly authorized by a charitable or nonprofit organization,
provided that prior written notice of such solicitation is given to
the Chief of Police.
[Amended 9-20-2000 by Ord. No. 2000-11]
[Amended 12-2-1987 by Ord. No. 1987-27; 9-20-2000 by Ord. No. 2000-11]
No person shall peddle or solicit from door
to door or place to place within this township without first registering
and obtaining a registration card from the Chief of Police or designee
of the Township of Maple Shade as provided in this chapter.
A.
Each applicant for registration shall file an application
on forms provided by the township, which application shall contain
or be accompanied by the following:
(1)
Name of applicant.
(2)
Permanent residence; temporary local residence if
different from the permanent address.
(3)
Business address.
(4)
Social security number.
(5)
Personal identification data, including height, weight
and identifying marks.
(6)
Fingerprints.
(7)
A recent photograph of the face of the applicant,
approximately 2 1/2 inches by 2 1/2 inches in size.
(8)
A record of any prior convictions of federal, state
or municipal offenses, including the nature thereof and the sentence
imposed.
(9)
Names and addresses of two references, preferably
owners of real estate in Burlington County.
(10)
The purpose of the proposed peddling, solicitation
or canvass.
[Amended 9-20-2000 by Ord. No. 2000-11]
(11)
The name and permanent address of the person, company
or organization for whom he or she is acting, together with a copy
of written credentials from such person so to act, stating his or
her exact relationship to such person.
(12)
The place where the goods or services to be sold or
offered are manufactured, prepared or produced and where then located.
(13)
The route, date and approximate hours of his or her
peddling or solicitation in the township.
[Amended 9-20-2000 by Ord. No. 2000-11]
(14)
Such other available evidence as to his or her good
character as will enable an investigation to corroborate that fact.
B.
The applicant shall, at the time of completing the written application, deposit with the Chief of Police or designee for the use of the township the sum as set forth in Chapter 88, Fees, to defray part of the cost to the township of the application form, fingerprint cards and supplies and incidental cost of the investigation and of administration of this chapter. Each registration shall be renewed annually.
[Amended 12-2-1987 by Ord. No. 1987-27; 4-18-1990 by Ord. No. 1990-4]
C.
Upon completion of the application form and deposit
of the fee, the application shall be referred to the Chief of Police
who shall promptly initiate and cause to be concluded within 10 days
thereafter an investigation designed to corroborate the registration
data, prior criminal record, moral character and, in the case of commercial
solicitations, the business responsibility of the registrant, which
investigation in any case shall include transmission of the fingerprints
to the Federal Bureau of Investigation and the Identification Bureau
of the New Jersey State Police and receipt from them of a report on
the applicant's criminal record, if any; provided, however, that if
the investigation has not been completed within the 10 days, the applicant
will be issued a temporary registration card forthwith, subject to
completion of the investigation.
D.
If the investigation indicates that the applicant
has been convicted of an offense involving moral turpitude or that
the application information is false or misleading in any material
respect or that his or her moral character, or business responsibility
in the case of commercial solicitation, or record of other offenses
is of such a nature as to present a clear and present danger to public
good, safety or welfare, the Chief of Police shall note his or her
findings in that respect on the application form, together with his
or her disapproval, and return said form to the Chief of Police or
designee, who shall furnish the applicant with a copy thereof by certified
mail to his or her permanent address or by handing it to him or her
personally, and no registration shall issue thereon, provided that
the applicant shall have the right, within 10 days of the date of
such notice, to file a request with the Township Manager for a review
thereof by the governing body of the Township of Maple Shade, who
upon receipt of such request shall promptly fix a time and place at
which the applicant may be heard by said governing body and the matter
reviewed, and said governing body shall forthwith either affirm or
reverse the disapproval of the Chief of Police and, in the latter
event, order a registration card to be issued.
[Amended 12-2-1987 by Ord. No. 1987-27]
[Amended 12-2-1987 by Ord. No. 1987-27]
A.
Upon compliance by the applicant with the terms of
this chapter and upon approval of his or her application by the Chief
of Police or the governing body of the Township of Maple Shade, there
shall be issued to the applicant a registration card indicating that
the person named thereon is registered in accordance with the terms
of this chapter. Such card shall have securely fixed thereto one of
the photographs submitted, and it shall be signed by the Chief of
Police or designee in such fashion that part of his or her signature
extends over a portion of such photograph.
B.
Such registration card shall remain the property of
the Township of Maple Shade and may be immediately suspended by the
Chief of Police or designee for any violation of this chapter and,
within five days of such suspension, upon written notice and the reasons
therefor and an opportunity to be heard, revoked by the governing
body of the Township of Maple Shade for such cause.
C.
Each registrant shall forthwith advise the Chief of
Police or designee in writing of any change in registration data required
above, and, upon request, the registrant shall furnish new photographs
when the ones provided become unrepresentative of his or her likeness.
[Amended 9-20-2000 by Ord. No. 2000-11]
A.
The registrant shall:
(1)
Carry the registration card with him or her at all
times while peddling or soliciting and exhibit it to any person upon
request.
(2)
[1]Promptly notify the Chief of Police or designee of any
change of address or any change in any of the data he or she has given
on his or her application form.
[Amended 12-2-1987 by Ord. No. 1987-27]
[1]
Editor’s Note: Former Subsection A(2), regarding deposit
of the card, was repealed 6-27-2019 by Ord. No. 2019-14. This ordinance
also renumbered former Subsection A(3) as Subsection A(2).
B.
No registrant shall peddle or solicit before 8:00
a.m. or after 4:00 p.m. each day, except that during the period from
Memorial Day to Labor Day the peddling or soliciting may be done until
7:00 p.m. each day. No peddling or soliciting shall be done at any
time on Sunday.
C.
Soliciting prohibited; signs and stickers.
[Amended 6-27-2019 by Ord. No.
2019-14]
(1)
No registrant or unregistered canvasser, solicitor, itinerant merchant,
transient vendor, peddler, or hawker shall peddle or solicit at any
residence or other building when barred by the resident by a sign
with words to the effect that solicitors or peddlers are not invited
or are prohibited.
(2)
In an attempt to allow residents to be free from door-to-door solicitations,
residents may elect to display prominently on their outermost front
doors an official "No Knock" sticker issued by the Township of Maple
Shade Police Department that signifies that the residents do not wish
to be disturbed. No registrant or unregistered canvasser, solicitor,
itinerant merchant, transient vendor, peddler, or hawker shall knock
on the door or ring the doorbell of any residence upon which a "No
Knock" sticker is so affixed. At the time that the registration card
is issued as set forth above, registrants shall be provided a sample
of the Township of Maple Shade "No Knock" sticker and a copy of this
chapter.
The provisions of this chapter shall not be
construed so as to interfere with any constitutional right of freedom
of speech or religion, nor so as to place undue burden upon interstate
commerce.
