[HISTORY: 1988 Code §§ 60-1 — 60-34 adopted as amended through December 31, 2013 and further amended by Ord. No. 24-2015 and Ord. No. 34-2018. Amendments noted where applicable and include Ord. No. 49-2019.]
[New; Ord. No. 24-2015]
This article is adopted with the intent to regulate peddling, soliciting and canvassing and related activities within the Township of Wayne by means of person to person contact or by placing unsolicited material on real property and the registration of individuals and organizations engaged in such activities is hereby deemed to be necessary so that the identity of persons going from door-to-door or soliciting within the municipality may be established; so that general regulations may be more effectively enforced for the protection and maintenance of the health, safety and welfare of the inhabitants of the Township; and to prevent dishonest business practices and fraudulent solicitation of funds.
Exemptions. Exemptions from permit requirements only.
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 them.
Any person holding a license, permit or certificate issued by any department, board, commission or other agency of the County or of this State to engage in the pursuit of his/her business in the Township; provided, however, that such employee shall carry and display, upon request, such identification badge or card issued by his/her employer.
Any person who has been honorably discharged or discharged under honorable conditions from the active military service of the United States who is a resident of this State or an exempt member of a volunteer fire department, volunteer fire engine, hook and ladder, hose, supply company or salvage corps who holds an exemption certificate issued to him/her as an exempt member of any such department, company or corps and who is a resident of this state possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 45:24-10.
[Amended 12-18-2019 by Ord. No. 49-2019]
Any person engaged in political campaigning.
Any person engaged in noncommercial canvassing or communication.
No person shall canvass, solicit in any public or quasi-public place or call from house to house in the Township or sell goods by sample or take orders for future delivery, or sell services or take orders for the performance of services, whether or not he/she receives advance payments for goods, unless he/she first receives a written permit from the Chief of Police as provided herein.
[New; Ord. No. 34-2018]
An applicant for a permit to engage in canvassing, peddling, or solicitation in the Township shall complete the application prescribed and file it with the Police Department Records and Investigation Bureau.
The application shall be accompanied by a letter from the employer authorizing the applicant to act as his/her representative. In addition, if the canvassing, soliciting or peddling is going to take place at an event, including but not limited to parades carnivals or festivals, the applicant must submit a letter of authorization from the event organizer or person in charge of same.
[New; Ord. No. 34-2018]
Upon submission of a completed application and after due investigation that the applicant is selling or soliciting for a project free from fraud or other criminal purpose, the Chief of Police is hereby authorized to grant a permit to canvass, peddle or solicit upon payment by the applicant, as provided in Chapter 75, of the applicable fees. Permit applications shall be processed no later than two (2) weeks from submission to the Wayne Police Department Records and Investigation Bureau.
Each permit shall specify the period during which it shall be effective, and a copy of the permittee's photograph shall be attached to his/her permit. The permittee shall carry said permit, and the permit must be displayed on their person as to be easily seen by the public. To the extent possible, the permittee shall advise the Police Department weekly of the specific location and/or locations he or she intends to canvass. The person giving this information shall do so by providing to the Police Department, his/her or her name, permit number, name of organization, if any, and specific location and/or locations he or she or others shall canvass.
The powers granted to the Chief of Police under this article shall, in his/her absence, be exercised by the officer in charge of the Police Department.
[New; Ord. No. 34-2018]
Any person who engages in the activities described in this chapter, whether exempt from the licensing requirements or not, shall be governed by the following:
All circulars, samples, merchandise or other matters shall be handed to an occupant of the property or left in a secure place on the premises.
No person shall enter or attempt to enter the house or apartment of any resident of the Township of Wayne without an express invitation from the occupant of said house or apartment.
No person shall have exclusive rights to any location in the public streets or operate in any congested area where his/her operation might impede the public.
No person shall make any solicitation within the Township limits where solicitors are notified by sign that soliciting is prohibited.
No person shall litter the streets, public places or property within the Township with any merchandise or printed material.
No person shall be permitted to solicit, canvass or peddle on any public roadway or right-of-way within the Township and there shall be no soliciting, canvassing or peddling from persons within a motor vehicle that is on any public roadway or right-of-way within the Township.
No person shall be permitted to solicit, canvass or peddle between the hours of 9:00 p.m. and 9:00 a.m.
Permits and licenses issued under the provisions of this article may be revoked by the Township Council after notice and hearing for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his/her business as a solicitor or as a canvasser.
Any violation of this article.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling, soliciting or canvassing in an unlawful manner or in such a manner as to constitute a menace and/or nuisance to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be sent certified and regular mail or by personal service to the permittee at his/her last known address at least ten days prior to the date set for hearing.
The Chief of Police has the authority to suspend a license issued under this chapter should it be determined that the conduct of the licensee is detrimental to the health, safety and general welfare of the public pending the revocation hearing referred to above. The revocation hearing must be concluded within 45 days of the date of the suspension.
[Added 12-18-2019 by Ord. No. 49-2019]
Upon the expiration or revocation of the permit, the holder thereof shall surrender it to the Police Department's Records and Investigations Bureau.
The Township Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Township Clerk that canvassing and soliciting is not permitted on the premises. Notification shall be by completion of a form available at the Township Clerk's office during normal business hours. The list shall be updated on January 1, April 1, July 1 and October 1 of each year.
The Township Clerk shall submit the nonsolicitation list to the Chief of Police quarterly to be distributed to applicants for a permit to canvass, peddle or solicit pursuant to the provisions of this chapter. The permittee shall not canvass, solicit or peddle at any address on the nonsolicitation list.
The Tax Assessor shall, upon being advised of a transfer of ownership of a residential premises, notify the Township Clerk of said conveyance, whereupon the Township Clerk shall remove the premises from the nonsolicitation list.
All mechanical and electrical devices used by a merchant as defined in N.J.S.A. 12A:1-101 et seq. (Uniform Commercial Code) for the purpose of recording and totaling the purchases of a customer, including but not limited to those devices commonly known as "cash registers," must be equipped with display panels showing the amounts entered into such devices and the totals thereof.
Such display panels shall be placed in such a manner as to enable the purchaser to easily observe entry of each of said amounts and totals, and such panels shall not be obstructed by any displays, signs, merchandise or other materials.