[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin Lakes 12-14-2005 by Ord. No. 1332.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded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.
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."
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.
A.
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]
(1)
The name of the applicant.
(2)
Permanent home address.
(3)
The place or places of residence of the applicant for the preceding
three years.
(4)
Age, height and weight.
(5)
Place of birth.
(6)
The name and address of the employer or firm represented.
(7)
The date and hour on which he desires to commence canvassing or soliciting
and the date and hour canvassing or soliciting will be concluded.
(8)
The nature of the merchandise to be sold or offered for sale or the
nature of the services to be furnished.
(9)
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.
B.
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.
C.
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.
D.
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]
E.
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.
A.
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.
B.
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.
A.
Permits issued under the provisions of this chapter
may be revoked by the Chief of Police for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for a permit.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as a solicitor or as a canvasser.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude or of a violation of any ordinance concerning soliciting
or canvassing.
(5)
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.
B.
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:
A.
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.
B.
All agents
acting on behalf of political, religious, charitable, and nonprofit
organizations.
C.
Any public
utility or its employees, which public utility is subject to regulation
by the State Board of Public Utilities Commission.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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:
E.
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.
