[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]
[1]
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:
A.
Name, age and physical description of applicant.
B.
Complete permanent home and local address of applicant.
C.
Name and address of the organization or person for
whom solicitation is being made.
D.
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.
E.
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.
F.
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.).
G.
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.
H.
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.
I.
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:
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.
A.
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:
(1)
Name of organization.
(2)
Address of organization.
(3)
Telephone number of organization.
(4)
Contact person at organization.
(5)
Location of proposed charitable solicitation.
(6)
If said request involves a county roadway and/or highway,
said request shall include a copy of approval from the Atlantic County
Board of County Commissioners to permit said charitable solicitation.
[Amended 8-9-2022 by Ord. No. 2089-2022]
(7)
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.
(8)
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.
B.
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.
C.
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.
D.
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.
