[HISTORY: Adopted by the Township Committee of the Township of Harrison as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-1991 by Ord. No. 17-1991]
As used in this article, the following terms shall have the meanings indicated:
- Any person, who goes from house to house, or from place to
place offering or exposing food, merchandise, or services for present
or future sale, or who engages in any of the foregoing activities
from a location on the street or other public place. Included in the
definition are persons who go from house to house or place to place
collecting information or financial contributions or distributing
literature for potential profit, and for any other commercial purposes,
other than charitable or protected free speech.[Amended 5-20-2019 by Ord. No. 16-2019]
- Anything or any service sold or offered for present or future sale by a vendor, including but not limited to merchandise, goods, food, seasonal items, home repair services, flowers or greens.
The purpose of this article is to promote orderly business practices, protect public safety and health, prevent unfair business practices, promote the quiet enjoyment of public and private lands and prevent dishonest business practices by the regulation of conduct and the imposition of license fees.
It shall be unlawful for any vendor to do business within the Township without first obtaining a license from the Township.
Except as provided in § 155-15, any person claiming an exemption from the license required by this article under state or federal law will not be allowed to do business in this Township unless at least 10 working days before beginning business activity:
They submit sufficient proof of their eligibility for exemption.
They complete the application process as otherwise required by this article in order that they may be identified and regulated as allowed by law.
They appear of good character as evidenced by a lack of prior criminal convictions.
[Amended 5-20-2019 by Ord. No. 16-2019]
[Amended 7-13-2017 by Ord. No. 20-2017; 10-1-2018 by Ord. No. 32-2018]
Any person desiring a license pursuant to this article shall file with the Township Clerk an application. The application shall be completed in triplicate and filed with the Clerk at least 30 days prior to the first day of the proposed activity. The applicant shall supply the following with the application:
A statement as to whether or not the applicant has been charged with or convicted of any crime, or disorderly persons offense or violation of any municipal ordinance other than a traffic violation, and the nature, dates and places of such offenses and the punishment or penalty assessed therefor.
An original letter addressed to the Township Clerk from the firm for which the applicant purports to work, authorizing the applicant to act as its representative.
A statement of whether the applicant has been refused or had revoked a similar license at any time.
A current driver's license.
A New Jersey sales tax certificate.
Federal taxpayer identification number.
A recent photograph taken at least three months prior to application of themselves to be kept with the Clerk.
[Amended 5-20-2019 by Ord. No. 16-2019]
Proof of insurance where insurance is required by this article.
An instrument in writing nominating and appointing the Clerk his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of license. It shall also contain recitals to the effect that the applicant consents and agrees that service of any notice of process may be made upon such agent when so made shall be as valid as if personally served upon the applicant according to the laws of this or any state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.
Dates and times of proposed solicitation activity.
[Amended 10-1-2018 by Ord. No. 32-2018]
The completed application shall be referred to the Chief of Police within three business days of receipt by the Township Clerk of all information and documentation referenced in § 155-4.
The Chief of Police, or his designee, shall endorse on such application his approval or disapproval with his reasons for the same and return the application to the Township Clerk within three business days, who shall notify the applicant.
The Township Clerk, upon the payment of the prescribed license fee, shall execute and deliver to the applicant his license after approval by the Township Committee.
[Amended 10-1-2018 by Ord. No. 32-2018]
Each application shall be accompanied by payment of $50 to cover the administrative cost of the application.
[Amended 7-18-1994 by Ord. No. 12-1994; 6-3-2002 by Ord. No. 16-2002; 7-3-2017 by Ord. No. 20-2017; 10-1-2018 by Ord. No. 32-2018]
Each license issued shall only authorize the one person named in such license to engage in business. Such licenses shall not be transferable from the person to whom issued to any other person.
Each license shall state its effective date(s) and the date(s) upon which the vendor shall be permitted to conduct business.
All licenses shall be specifically limited to activities and operations of the person holding the same to the hours between 9:00 a.m. and 9:00 p.m.
Every person holding a license under this article shall be required to carry and conspicuously display their license.
Any person or organization subject to this article shall complete a new application for a license after 12 months has passed since the last application.
Licenses issued under this article may be temporarily suspended on verbal notice by the Township Clerk or any law enforcement officer and permanently revoked by the Township Committee or Municipal Court Judge after reasonable notice and hearing, for any of the following causes:
[Amended 5-20-2019 by Ord. No. 16-2019]
Misrepresentation or false statement contained in the application for the license.
Misrepresentation or false statement made in the course of carrying on activities regulated herein.
Conviction of any crime involving moral turpitude.
Conducting business in violation of any provision of this article.
Notice of hearing for revocation of a license shall be given in writing, setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served upon the licensee or mailed, postage prepaid, to the licensee at addresses given by the licensee in making application herein, at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the Township Clerk in the denial of an application for a license shall have the right of appeal to the Township Committee. Such appeal shall be taken by filing with the Township Clerk, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal, and notice of such hearing shall be given to the appellant in the same manner as provided herein for notice of hearing on revocation. The decision and order of the Township Committee on such appeal shall be final and conclusive.
Except as otherwise provided by specific exception in this article, persons subject to this article, including persons claiming an exemption from the requirement of the municipal licensing shall not:
Station, place, set up or maintain wares adjacent to any sidewalk if to do so would place him closer than 200 feet to another vendor who is selling adjacent to the sidewalk.
Solicit, conduct business with or sell to persons in motor vehicles.
Station, place, set up or maintain his wares or equipment in such a way as would restrict, obstruct, interfere with or impede the pedestrian's right-of-way; restrict, obstruct, interfere with the use of enjoyment from the abutting property; create or become a nuisance; increase traffic congestion, cause or increase traffic delay or hazards; cause or create or constitute a danger to life, health, or property; sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which must be attached to his cart or vehicle which shall be clearly marked and maintained for his patronage use, nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from sales made by him.
Leave his wares unattended at any time or store, place or lease the same overnight on any sidewalk or public way of the Township.
Station, place, set up or maintain his wares closer than 50 feet from the curbline or end of pavement of intersecting streets.
Place his wares in such way as would reduce the unobstructed pedestrian right-of-way on a sidewalk to less than six feet.
Engage in business within 20 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
Engage in business on any sidewalk or along any street within 100 feet of any fire hydrant, crosswalk or bus stop; or within 25 feet of any driveway.
Place his wares in front of the display windows or signs of fixed-location businesses, nor shall they be within 20 feet from the entrance door to a fixed-location business.
Operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles or pedestrians.
Engage in business within 200 feet of the grounds of any school between 1/2 hour prior to the start of the school day and 1/2 hour after dismissal at the end of the school day.
Engage in business within 200 feet of the grounds of any church, synagogue or other house of worship while same is in session.
Use or operate any loudspeaker, public address system, sound amplifier, horn, bell, radio, record player, tape player, CD player, musical instrument or any similar device used to attract attention, entertain the public or entertain himself.
Sell from any one site or area for a period of more than four hours, including time for setup and breakdown of a vending unit. After four hours the vending unit or vendor must move to a new location at least 300 feet away from where he was doing business or cease doing business. No vendor may return to the same location in any calendar day. No vendor shall place any object, sign, or person nor take any action designed to reserve a location for their use. Any such object may be removed and kept as evidence of a violation by any person, who shall promptly surrender it to the police.
Place his wares other than on one vending unit, whether it be a cart, single table no larger than 96 inches long by 48 inches wide by 72 inches high or display unit similar to a table which shall occupy a space no larger than 32 square feet. The Township Clerk may grant an exception to size limits with the advice and consent of the Chief of Police in the case of the sale of certain holiday items sold for limited times during the year.
Engage in business within 300 feet of any fixed place of business selling substantially similar merchandise; a food vendor shall not operate within 300 feet of a restaurant.
A vending unit is a selling or display unit, with or without wheels, intended to serve as a transportable structure for facilitating the display, sale and transportation of merchandise. All equipment installed in any part of the vending unit or articles carried by the unit shall be secured in order to prevent movement during transit and prevent detachment in the event of a collision or overturn.
In the event that food should be sold by any vendor a certificate of health compliance issued by the Gloucester County Department of Health shall be conspicuously displayed on the vending unit. Selling food shall be prohibited in the Township of Harrison without such a certificate of health compliance. Furthermore, any vendor selling food shall provide proof of an insurance policy issued by an insurance company licensed to do business in the State of New Jersey protecting the vendor and the Township from all claims or damages to property and bodily injury, including death, which may arise from operations under or in connection with the vending. Such insurance shall name as an additional insured the Township of Harrison and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days written notice to the Township. The amounts of the insurance to be maintained are: personal injury, $100,000 per person; $300,000 per occurrence; property damage, $25,000.
Every person to whom a license is issued under the terms of this article shall be governed by the following rules and regulations:
All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place located on the premises.
No person shall enter or attempt to enter the dwelling of any resident without an express invitation from the occupant of the dwelling.
No person shall conduct himself in such a manner as to become objectionable to or annoy any occupant of any house. Signs posted by property owners stating "no soliciting" shall be obeyed.
No licensee or any person in his behalf shall shout, cry out, blow a horn, ring a bell or use any soundmaking or amplifying device upon any of the streets, parks or other public places of the Township or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks or other public places for the purpose of attracting attention to any goods, wares, merchandise or services which the licensee proposes to sell.
Vendor organizations soliciting house-to-house, place-to-place (commonly known as "door-to-door").
[Amended 6-21-2010 by Ord. No. 13-2010]
Any nonprofit religious, charitable, educational, civic or veterans organization, volunteer first-aid organization or fire company desiring via door-to-door to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited at any place or places within the Township for charitable, religious, patriotic or philanthropic purpose, shall be permitted to conduct business in the Township without a license upon the filing of a sworn application in writing with the Township Clerk, which shall give the following information:
Name and address of organization.
Nature and location of planned activity.
Period during which solicitation or sale is to be carried on.
Name, address, and social security number of each person who will conduct solicitations.
A copy of government-issued photo identification for each person, who is not a Township resident, and who will conduct solicitations or sales door-to-door.
Such organization, association, society or corporation shall furnish all its members, agents or representatives conducting solicitation or sales with credentials in writing stating the name of organization, name of the agent and the duration and purpose of solicitation. All persons or organizations qualifying for a license exemption under this section shall comply with all other provisions of this article.
Vendor organizations situate at stationary locations within Harrison Township's Main Street District (§ 225-20).
[Added 6-21-2010 by Ord. No. 13-2010]
Any nonprofit religious, charitable, educational, civic or veterans organization, volunteer first-aid organization or fire company desiring via stationary location to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited at any place or places within the Township for charitable, religious, patriotic or philanthropic purpose, shall be permitted to conduct business in the Township without a license upon the filing of a sworn application in writing with the Township Clerk, which shall give the following information:
Name and address of organization.
Nature and location (address) of planned activity.
Period during which solicitation or sale is to be carried on.
Name, address, description of automobile (year, make, model and license plate number) and Tax I.D. number of each vendor who will conduct solicitations.
Editor's Note: This ordinance also redesignated former Subsection B as Subsection C.
The Township Committee, by resolution, may exempt from compliance with any part or parts of this article any person or organization. Any person or organization seeking an exemption must make a written request to the Township Clerk of at least 30 days before the start of the activity for which the exemption is sought. The Township Committee may place conditions or restrictions on the granting of an exemption.
Criteria for exemption. The following are criteria to be applied when considering whether an exemption will be granted:
The charitable nature of the organization.
The number of participants who are Township residents, eliminating or minimizing the need for identifying information.
The reputation of the individual or organization in the community.
The financial or human resource burden of compliance with any provision of this article when weighed against the benefit to the Township and/or its residents.
Whether the activity will result in or lead to a benefit to the Township residents such as lower taxes, increased public services, betterment of the community or other public benefit.
[Added 12-3-2018 by Ord. No. 39-2018]
There is hereby established a No Knock Registry to be maintained and updated monthly by the Township Clerk, including a list of addresses of premises within the Township where the owner or occupant has notified the Township that canvassing, soliciting, peddling, vending and door-to-door sales are not permitted on the premises.
Registrants seeking to be placed on the No Knock Registry may annually register in person or by electronic means to be established by the Township, upon payment of an annual processing fee of $5. The annual processing fee for a senior citizen or veteran is $1. Upon registration, the registrant will be issued a sticker to display at their premises indicating their enrollment on the No Knock Registry, which the registrant shall prominently post for the year registered. The annual registration expires on December 31 of each year.
[Amended 6-1-2020 by Ord. No. 16-2020]
Editor's Note: The application for inclusion on the No Knock Registry, which was attached at the end of this ordinance, is on file in the Township offices.
A printed or electronic copy of the No Knock Registry shall be provided to each licensee under this article by the Township Clerk during normal business hours. It shall be the obligation of the licensee to obtain a current, up-to-date copy of the No Knock Registry in effect at the time of canvassing and soliciting.
Any licensee disregarding or violating the No Knock Registry shall be banned from receiving a license for one calendar year from the date of violation, and subject to applicable penalties set forth in § 155-17.1 of the Township Code. The existence or nonexistence of a "No Knock" sticker on the premises shall not be a defense to the requirements of this article.
[Amended 10-2-1995 by Ord. No. 25-1995]
Sales of household goods by yard sale or similar event are prohibited except insofar as the seller shall comply with this section.
A maximum of two single-day or two weekend (Saturday and Sunday) yard sales or similar event may be held in any calendar year at any household in the Township. For the purpose of this subsection any apartment with separate cooking and toilet facilities shall qualify as a "household."
[Amended 12-6-2004 by Ord. No. 40-2004]
Any person, firm or corporation violating this article shall, upon conviction thereof, be subject to a fine not exceeding $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.
[Adopted 3-2-1998 by Ord. No. 6-1998]
[Amended 7-3-2017 by Ord. No. 20-2017; 5-21-2018 by Ord. No. 16-2018]
The Township of Harrison may permit local Harrison Township-based charitable organizations as defined in Section III of P.L. 1994, c. 16 (N.J.S.A. 45:17A-20), to solicit contributions in the roadways and highways of the Township of Harrison in accordance with the provisions contained herein. Solicitation of contributions in the roadways and highways shall be subject to the following restrictions:
Each organization is permitted to solicit no more than two days per year and four hours per day.
Solicitation shall only be conducted during the hours of 8:00 a.m. to 12:00 p.m.
Only one organization is permitted to solicit on an approved date and location.
No solicitation shall be permitted on any state highway.
No solicitation shall be permitted on Sunday.
[Amended 7-3-2017 by Ord. No. 20-2017]
All charitable organizations herein which wish to solicit contributions in the roadways and highways of the Township of Harrison shall file a request with the Township Clerk and the Harrison Township Police Department Chief of Police, specifying and providing the following information:
Name of organization.
Address of organization.
Telephone number of organization.
Contact person of organization.
Name, address, telephone number, driver's license number and date of birth of each person who will be soliciting and/or accepting contributions.
Location of proposed charitable solicitation.
Dates and times of proposed charitable solicitation.
If said request involves a county roadway and/or highway, a copy of an authorization from the Gloucester County Board of Chosen Freeholders to permit said charitable solicitation.
List of all proposed safety regulations, safety devices and training for individuals who shall participate in the charitable solicitation and/or a report as to the procedures to be used to ensure the safety of the members of the public who will be traversing the roadways and/or highways of the Township of Harrison.
Certificate of insurance designating the Township of Harrison as "additional insured" and as a "certificate holder" on the organization's policy which provides a minimum combined single limit of liability coverage per occurrence of not less than $1,000,000.
Hold-harmless and indemnification agreement.
Said request shall be reviewed by the Director of Public Safety of the Township of Harrison, and said Director shall make a recommendation to the Mayor and Committee of the Township of Harrison as to the relative aspects of the request, including a review of the location dates and times of the request, and a review of the safety procedures and/or methods to be employed by said charitable organization. Said Director of Public Safety shall thereafter forward a report to the Mayor and Township Committee of the Township of Harrison, as to his/her opinion on the granting, rejecting or modification of any proposed charitable solicitation.
In no event shall any charitable organization requesting authorization from the Township of Harrison 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 Harrison 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, c. 82, approved April 30, 1997.
This article is adopted pursuant to N.J.S.A. 39:4-60, as amended by P.L. 1997, c. 82, approved April 30, 1997.
This article shall take effect upon final passage and publication and in accordance with all applicable laws and upon the effective date of N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82, as approved April 30, 1997.