[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 12-14-2005 by Ord. No. 1332. Amendments noted where applicable.]
Editor's Note: This ordinance also superseded former Ch. 362, Peddling and Soliciting, which consisted of Art. I, Canvassing and Soliciting, adopted 2-14-1990 by Ord. No. 893 (Sec. 4-1 of the 1988 Code).
As used in this chapter, the following terms shall have the meanings indicated:
- The handing out, leaving, giving out or placing of any item, printed matter or object at any place or location within the Borough.
- In either marketable or sample form, including but not limited to magazines, periodicals, books, orders or contracts for services, goods or products and advertisements in any form.
- NONPROFIT ORGANIZATION
- A group of persons, corporation or association organized
for philanthropic, charitable, religious, patriotic or other public
service purposes and not for private financial gain.[Added 12-15-2009 by Ord. No. 1470]
- Any person who goes from place to place by traveling on the streets or from house to house carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers. The word "peddler" shall include the words "hawker" and "huckster."
- SOLICITOR or CANVASSER
- Any person who goes from place to place by traveling on the streets or from house to house taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, including orders for improvements to real property, whether or not such person has, carries or exposes for sale a sample of the object to be sold and whether or not he is collecting advance payments on such sales. The word "solicitor" shall include the word "canvassers," provided that this definition shall not include wholesalesmen calling on retail merchants. It also is deemed to be one who is not in the business of selling goods but one who makes surveys for research purposes, analysis, opinion polls, rating data and any such similar work which, by nature, involves a door-to-door or place-to-place activity and will be used to assist commercial activity.
No person shall canvass, solicit, sell, peddle or distribute, from house to house or in any public or quasi-public place, or call door to door, within the Borough, without having first received a written permit, unless specifically exempted herein.
Any person desiring a permit to canvass or to solicit in the Borough shall file, on a form to be supplied by the Chief of Police, an application with the Chief of Police or officer in charge at police headquarters, stating:
[Amended 9-20-2018 by Ord. No. 1751]
The name of the applicant.
Permanent home address.
The place or places of residence of the applicant for the preceding three years.
Age, height and weight.
Place of birth.
The name and address of the employer or firm represented.
The date and hour on which he desires to commence canvassing or soliciting and the date and hour canvassing or soliciting will be concluded.
The nature of the merchandise to be sold or offered for sale or the nature of the services to be furnished.
Whether or not the applicant has ever been convicted of a crime, misdemeanor or violation of any ordinance of this or any other municipality concerning canvassing or soliciting and, if so, when, where and the nature of the offense.
The application shall also be accompanied by a letter or other written statement from the individual, firm or corporation employing the applicant, certifying that the applicant is authorized to act as the employer's representative.
All applications shall be filed at least 60 days before the desired commencement of the permit applied for, to enable the Chief of Police to conduct the investigation as provided in § 362-4. The time period prescribed within this subsection may be waived by the Chief of Police if he can conduct the required investigation sooner.
In addition to the foregoing information and requirements, the Chief of Police or officer in charge at police headquarters shall require that a photograph of the applicant be taken to become a permanent part of the application for a permit. In addition, the Chief of Police may require that the applicant be fingerprinted, but only in circumstances where the Chief believes it is necessary to confirm the status or identity of the applicant.
[Amended 9-20-2018 by Ord. No. 1751]
Fee. Each individual applicant for a permit shall submit with the application a fee of $100, which shall not include the cost of fingerprinting and processing.
[Amended 5-20-2014 by Ord. No. 1590]
[Amended 9-20-2018 by Ord. No. 1751]
The Chief of Police shall cause such investigation to be made of the applicant's business and moral character as the Chief deems necessary for the protection of the public good. If, as a result of such investigation, the applicant's history indicates that the applicant is of such character as to provide a potential threat to residents of Franklin Lakes if allowed access to their properties, the Chief of Police may refuse to issue a permit. The Chief of Police shall provide a description of all of the facts and reasons which the Chief believes supports the Chief's, conclusion. The applicant or the applicant's employer may appeal such decision to the Franklin Lakes Public Safety Council Committee. After considering any information submitted by the applicant or the applicant's employer, the Public Safety Committee may, by a majority vote, either affirm or reverse the decision of the Chief of Police. If, as a result of such investigation, the applicant's character and business responsibility are found to be satisfactory, the Chief of Police shall issue the permit for the period requested in the application. All permits shall expire 12 months from the date the permit is issued.
The permit shall show the name and address of the permittee; kind of goods or services to be sold or performed thereunder; employer represented; date of issuance of permit; date and hour permit is effective and expiration date and hour.
[Amended 5-15-2012 by Ord. No. 1544]
No canvassing, soliciting or other activities controlled by this chapter shall be done except between the hours of 9:00 a.m. and 9:00 p.m. on weekdays, 9:00 a.m. and 9:00 p.m. on Saturdays, and 1:00 p.m. and 5:00 p.m. on Sundays. The permittee shall carry the permit with him at all times while canvassing, soliciting or engaging in any of the activities controlled by this chapter and shall exhibit the same to any person upon request.
The permittee shall be courteous to all persons while canvassing or soliciting. He shall not importune or otherwise annoy any person and shall conduct himself in a lawful manner.
When the permittee shall cease operations under the permit or on the expiration of the permit, the permittee shall surrender the permit to the officer in charge at police headquarters.
Permits issued under the provisions of this chapter may be revoked by the Chief of Police for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for a permit.
Fraud, misrepresentation or false statement made in the course of carrying on his business as a solicitor or as a canvasser.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude or of a violation of any ordinance concerning soliciting or canvassing.
Conducting the business of soliciting or of canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or constitute a menace to the health, safety or general welfare of the public.
Upon revocation or suspension of a permit, the permittee shall have the right to appeal to the Mayor and Council in writing. The Mayor and Council shall conduct a hearing within a reasonable period of time and shall have the right, where good cause is shown, to reissue the permit.
[Amended 12-15-2009 by Ord. No. 1470; 5-15-2012 by Ord. No. 1544]
The following persons shall be exempt from the requirements for a permit, except that all persons shall comply with the time limitations set forth in § 362-6 and the requirements of the Do Not Knock Registry set forth in § 362-13:
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons ordering or entitled to receive the same.
All agents acting on behalf of political, religious, charitable, and nonprofit organizations.
Any public utility or its employees, which public utility is subject to regulation by the State Board of Public Utilities Commission.
The agent of any governmental units while in the discharge of its duties or obligations, provided that such person shall display the identification badge or card issued by his employer.
All references in this chapter to the Chief of Police are intended to refer to the officer or individual in charge of the Police Department, and in the absence of the Chief of Police or where a Chief of Police has not been appointed, all the acts and requirements of this chapter shall be performed by the officer or individual in charge of the Police Department.
Every person licensed under the provisions of this chapter shall be entitled to the use of one cart, wagon or other vehicle for each license taken out by him and no more.
Any person licensed as aforesaid, engaged in vending, hawking or peddling as aforesaid in the streets and public places of the Borough, shall at all times carry with him, when so engaged, his license and shall exhibit it on demand to any citizen of the Borough.
The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Borough Clerk that canvassing, peddling, soliciting, itinerant vending, and door-to-door sales, or any door-to-door commercial activities are not permitted on the premises (hereinafter referred to as the "Do Not Knock Registry." Notification shall be by completion of a form available at the Borough Clerk's office during normal business hours. The list shall be updated on January 1 and July 1 of each year. Addresses will remain on the registry until notification to the Borough that the owner or occupant wishes to be removed.
Any owner and/or occupant who has requested enlistment on the Do Not Knock Registry, pursuant to Subsection A herein, shall be able to purchase from the Borough Clerk's office, for a nominal fee, a sticker for display at his/her/its premises indicating enlistment on the Do Not Knock Registry.
The Borough Clerk shall submit the Do Not Knock Registry to the Chief of Police biannually to be distributed to applicants for a license to peddle, canvass, solicit, or engage in any door-to-door commercial activities, pursuant to the provisions of this chapter. The licensee shall not peddle, canvass, solicit, or engage in any door-to-door commercial activities at any premises identified on the then current Do Not Knock Registry.
Any canvasser, solicitor, peddler, or anyone going door-to-door for commercial purposes, or any individuals or owners of companies involved in these activities who violate any provision of this section, shall be:
Subject to a maximum ordinance violation fine of $1,250 per offense;
Subject to a one-year revocation of any license issued pursuant to the within chapter; and
This section shall be enforced by any police officer of the Borough of Franklin Lakes, or any other code or zoning enforcement officer.
[Added 12-15-2009 by Ord. No. 1470]
Except as provided in § 362-13 for violations of the requirements of the Do Not Knock Registry, any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine not to exceed $1,000.