[HISTORY: Adopted by the Township Committee (now Council) of the Township of Galloway as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-2-1975 by Ord. No. 504]
Editor's Note: The title of this article was changed from Canvassers and Door-to-Door Salesmen to Canvassers and Solicitors 4-23-2013 by Ord. No. 1865.
No person, except as provided herein, shall canvass, solicit, distribute circulars or other matter, or call from door to door or place to place in the Township of Galloway without first registering with the Chief of Police or, in his absence, the officer in charge of the Police Department.
For the purpose of this article, a canvasser or solicitor shall also be 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 by which of its nature involves a door-to-door or place-to-place activity, and shall include persons going from door to door or place to place for the purpose of contributions, donations or alms for any persons or organization.
The purpose of this article is to prevent fraud, crime and unethical and dishonest business practices, and for the general protection, health and welfare of the residents of the Township of Galloway.
Each registrant shall, at the time of registering, file with the Chief of Police an application in writing which shall give the following information:
Name, age and physical description of applicant.
Complete permanent home and local address of applicant.
Name and address of the organization or person for whom solicitation is being made.
Description of the nature of the business and the goods, services or wares to be sold, and sufficient information to determine whether or not the business he is to transact is interstate or intrastate commerce.
Two photographs of the applicant which shall be approximately 2 1/2 inches by 2 1/2 inches in size showing the head and shoulders of the applicant in a clear and distinguishing manner.
The days, dates and route of his business in the Township of Galloway (which shall be between the hours of 9:00 a.m. and 5:00 p.m.).
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense, where and when so convicted, the nature of the offense and the penalty, if any.
The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation within the township, and the number of his driver's license and the state of issuance.
Each applicant for registration shall submit to a criminal history name check from the New Jersey State Bureau of Identification in the New Jersey State Police. The applicant for registration shall pay to the Township the cost imposed by the New Jersey State Police for such a criminal history name check and a nonrefundable fee to the Township of $50. The report must cover the five years preceding the application, and in the event that the report reveals any prior convictions for crimes or offenses which in the judgment of the Chief of Police would negatively impact the safety of the public, the Chief of Police shall disapprove the application. The registration shall be valid for 60 days from the date of the approval of the application.
[Added 4-23-2013 by Ord. No. 1865; amended 6-25-2013 by Ord. No. 1868; 2-23-2016 by Ord. No. 1934-2016]
Each registrant shall carry the registration certificate at all times when in the township and shall exhibit it to any citizen or police officer upon request. At the conclusion of each day's canvassing or soliciting, the registration card shall be deposited with the Chief of Police.
[Amended 6-28-2005 by Ord. No. 1609]
In the event an application for canvassing or soliciting is disapproved by the Chief of Police for reasons of reported unethical business practices or a previous conviction of a crime, the applicant may appeal to the Township Council, which shall set a time and place for a hearing, which hearing shall be held within 10 days after appeal is taken by the applicant. At such hearing the applicant will be given an opportunity to present his reasons why the license should be issued. The decisions of the Township Council shall be final.
No person subject to the provisions of this article shall canvass, solicit or distribute circulars or other matter except during the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturdays.
[Amended 7-7-1975 by Ord. No. 507; 4-23-2013 by Ord. No. 1865]
Any person or organization canvassing or soliciting individually or on behalf of a nonprofit organization with respect to any political, electoral, religious, community, charitable or other public interest shall be exempt from the registration requirements of this article. Such persons or organizations may, but are not obligated or required to, provide to the Chief of Police a statement, in writing, giving the following information:
[Adopted 11-24-1998 by Ord. No. 1367]
As used in this article, the following terms shall have the meanings indicated:
- CHARITABLE ORGANIZATION
- A volunteer fire company and volunteer first aid, rescue and emergency squads.
The Township of Galloway shall permit charitable organizations, as defined in Section III of P.L. 1994, c. 16 (N.J.S.A. 45:17A-20), to solicit contributions on the roadways and highways located in the Township of Galloway in accordance with the provisions contained herein. This article is promulgated pursuant to N.J.S.A. 39:4-60, as amended by P.L. 1997, c. 82, approved April 30, 1997.
All charitable organizations herein who wish to solicit contributions in the roadways and highways located in the Township of Galloway shall file an application with the Township Clerk of Township of Galloway, specifying the following information:
Name of organization.
Address of organization.
Telephone number of organization.
Contact person at organization.
Location of proposed charitable solicitation.
If said request involves a county roadway and/or highway, said request shall include a copy on approval from the Atlantic County Board of Chosen Freeholders to permit said charitable solicitation.
If said request involves a state roadway and/or highway, said request shall include a copy of an approval from the State of New Jersey Commissioner of Transportation 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 report as to the procedures to be used to ensure the safety of the members of the charitable organization and the members of the public who will be traversing the roadways and/or highways located in the Township of Galloway.
Said request shall be reviewed by the Chief of Police of the Township of Galloway, or his designee, who shall make a recommendation to the Mayor and Township Council of the Township of Galloway through the Township Manager 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 the said charitable organization. The Chief of Police shall thereafter forward a report to the Mayor and Township Council of the Township of Galloway through the Township Manager as to his/her opinion to the granting, rejecting or modification of any proposed charitable solicitation. Should the Township Council grant the application, it shall authorize same through the adoption of a resolution.
In no event shall any charitable organization requesting authorization from the Township of Galloway 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 activities on municipal roadways.
Any charitable organization requesting authorization from the Township of Galloway 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.