[HISTORY: Adopted by the Township Committee
of the Township of New Hanover as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-13-1976 as Sec. 4-2 of the 1974 Code]
It is hereby determined, declared and recited
that the legitimate business or practice of soliciting and canvassing
from door to door, regardless of purpose, affords a means for the
criminal-minded to obtain admittance to 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 solicitor and, consequently, public safety and welfare require
that those going from door to door 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 article, the following terms
shall have the meanings indicated:
The making of calls as a 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, for any purpose
or in any fashion, including but not limited to the vending, distribution,
dissemination or delivery of goods, wares, merchandise or services
or of written, oral or recorded intelligence or communication or invitation
of any kind, 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 in the terms
of 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall solicit from door to door within
this Township without first registering and obtaining a registration
card from the Township Clerk as provided in this article.
Each applicant for registration shall, at the
time of registering, give full, exact and true answers in writing
on a registration form filed by him and prepared by the Township Clerk
providing for registration and recording of the applicant's name,
permanent and temporary residence and business addresses, social security
number, height, weight and other personal identification data, including
identifying marks, the fingerprints of the applicant and a recent
clear and accurate photograph (approximately 2 1/2 inches square,
furnished in duplicate by the applicant) of his face; the purpose
of the proposed solicitation; the name and permanent address of the
person, company or organization for whom he is acting, together with
a copy of a written credential from the persons to so act, stating
his exact relationship to them; the place where the goods or services
to be sold or offered are manufactured, prepared or produced and where
then located; the names and addresses of two references, preferably
owners of real estate in Burlington County or the State of New Jersey
or, in lieu thereof, such other available evidence as to his good
character as will enable an investigation to corroborate that fact;
any prior convictions of federal, state or municipal offenses, including
the nature thereof and the sentence imposed; the route, date and approximate
hours of his solicitation in the Township (which shall be between
the hours of 8:00 a.m. and 5:00 p.m.); the registration number of
any vehicle he will use in this Township; and his driver's license
data.
The applicant shall, at the time of completing
the written registration, deposit with the Township Clerk for the
use of the Township the sum of $5 to defray part of the cost to the
Township of the registration form, fingerprint cards and supplies
and incidental costs of the investigation hereinafter referred to
and of administration of this article. Each registration shall be
renewed annually.
Upon completion of the form and deposit of the
cost, the Township Clerk shall promptly initiate and cause to be concluded
within 10 days thereafter an investigation designated to corroborate
the registration data, prior criminal record, moral character and
(in the case of commercial solicitations) the business responsibility
of the registrant, which such investigation in any case shall include
transmission of the fingerprints to the Federal Bureau of Investigation
and 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.
If the investigation indicates that the registrant
has been convicted of an offense involving moral turpitude or if the
registration information is false or misleading in any material respect
or the applicant's 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 Township Clerk shall note his findings
in that respect on the registration form, together with his disapproval,
and furnish the applicant with a copy thereof by certified mail to
his permanent address or by handing it to him personally, and no registration
shall issue thereon, provided that the registrant shall have the right,
within ten (10) days of the date of such notice, to file a request
with the Mayor for a review thereof, who, upon receipt of such notice,
shall promptly fix a time and place at which the registrant may be
heard by him, and the matter shall be reviewed and he shall forthwith
either affirm or reverse the disapproval of the Township Clerk and,
in the latter event, order a registration card to be issued.
Upon compliance by the applicant with the terms
of this article and upon approval of his registration by the Township
Clerk, there shall be issued to the registrant a registration card
indicating that the person named thereon is registered in accordance
with the terms of this article. Such card shall have securely fixed
thereto one of the photographs so submitted and shall be signed by
the Township Clerk in such fashion that part of his signature extends
over a portion of such photograph.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Such registration card shall remain the property
of the Township and may be immediately suspended by the Township Clerk
for any violation of this article and, within five days of such suspension,
upon written notice of the reasons therefor and an opportunity to
be heard, revoked by the Mayor for such cause.
No registrant shall be required to register
more than once, provided that he promptly advises the Township Clerk
of any change in registration data required above and, upon request,
furnishes new photographs when the ones provided become unrepresentative
of his likeness.
The registrant shall:
A.
Carry the registration card with him at all times
while soliciting and exhibit it to any person upon request.
B.
Deposit the card with the Township Clerk at the end
of each day's solicitation and pick it up at the Clerk's office before
commencing the next day's solicitation.
C.
Promptly notify the Township Clerk of any change of
address or any change in any of the data he has given on his registration
form.
A.
No registrant shall solicit before the hour of 8:00
a.m. or after the hour of 5:00 p.m. or at any time on a Sunday.
B.
No registrant shall solicit at any residence or other
building when barred by the householder by a sign with words to the
effect that solicitors or peddlers are not invited or are prohibited.
[Added 8-11-1992 by Ord. No. 1992-3]
Any person who violates the provisions of this
article shall, upon conviction thereof, be subject to a fine not exceeding
$1,000, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days.
[Adopted 10-13-1998 by Ord. No. 1998-03]
The Township of New Hanover shall permit charitable
organizations as defined in N.J.S.A. 45:17A-20 to solicit contributions
in roadways situated in the Township of New Hanover in accordance
with the provisions contained herein.
All charitable organizations, as defined in
N.J.S.A. 45:17A-20, who desire to solicit contributions in roadways
situated in the Township of New Hanover shall file an application
for a permit with the Township Clerk in the Township of New Hanover
on a form supplied by the Township Clerk specifying the following
information:
A.
Name of applicant organization.
B.
Address of applicant organization.
C.
Telephone number of applicant organization.
D.
Contact person of applicant organization.
E.
Specific location or locations of proposed charitable
solicitation.
F.
Dates and times of proposed charitable solicitation.
G.
The manner in which the motorist solicitation will
be conducted and the procedures to be used to ensure safety of the
members of the public who will be traveling the roadways situated
in the Township of New Hanover.
Upon the filing of a complete application in
accordance with the provisions of this article, the Township Clerk
shall present same to the Township Committee for its review and consideration,
after which the Township Committee shall grant or deny the applicant's
request. In the event the Township Committee grants the applicant's
request, it shall issue a permit to the applicant which shall be subject
to the representations contained in the applicant's application and
any conditions imposed by the Township Committee.
If said request for solicitation pertains to
a location or locations on any county-owned highway situated in the
Township of New Hanover, the applicant shall follow the application
procedures set forth herein. Should the Township of New Hanover approve
said application, it will be presented by the Township of New Hanover
to the Burlington County Board of Commissioners for final approval
and permission to solicit on a county-owned highway.
If said request for solicitation pertains to
a location or locations on any state-owned highway situated in the
Township of New Hanover, the applicant shall follow the application
procedures set forth herein. Should the Township of New Hanover approve
said application, it will be presented by the Township of New Hanover
to the Regional Maintenance Engineer who, after approval from the
New Jersey Department of Transportation, shall issue a charitable
solicitation permit to the applicant.
In no event shall any charitable organization
requesting authorization from the Township of New Hanover for said
charitable solicitation use any individual under the age of 18 years
to perform any function or task associated with the said charitable
solicitation in any roadway.
Any charitable organization requesting authorization from the Township of New Hanover for said charitable solicitation shall comply with all of the terms and conditions of N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82, approved April 30, 1997, as well as the terms and conditions of N.J.A.C. 16:40-1 et seq.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any person who shall violate any of the provisions of this article
shall pay, upon conviction, a penalty not to exceed $100.
