Township of Westampton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Westampton 8-20-1963. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 152.
It is hereby determined, declared and recited that the legitimate business or practice of soliciting and canvassing from door to door, regardless of purpose, affords a means for the criminal-minded to obtain admittance to private homes in furtherance of some present or future unlawful objective and an opportunity for the practice of fraud, deceit and dishonest dealing by the unscrupulous minority, with redress difficult because of lack of means of identifying the solicitor, and, consequently, public safety and welfare require that those going from door to door for any purpose be required first to give such information as will identify themselves and prevent possible abuse of the right by the criminally inclined.
As used in this chapter, the following terms shall have the meanings indicated:
EXPRESS INVITATION
Includes the making of calls as a part of a service to which the occupant of the house subscribes.
SOLICIT (or words in which "solicit" is a component)
Includes the act of going from door to door or house to house within this Township without prior express invitation or request from the occupant of the premises at which the call is made, for any purpose or in any fashion, including but not limited to the vending, distribution, dissemination or delivery of goods, fares, merchandise or services, or of written, oral or recorded intelligence or communication or invitation of any kind, or requesting, inviting or taking orders or subscriptions for present or future delivery or furnishing of any such things or matters; or for the purpose of making canvasses, surveys or the like or doing any other act which is commonly comprehended in the terms of soliciting, canvassing or peddling. "Solicit" does not include giving alarm of fire or similar emergency warning or activity in the discharge of a governmental duty or when the occupant of the premises expressly invites a person to the premises.
[Amended 9-21-1992 by Ord. No. 10-1992]
No person shall solicit from door to door within this Township without first registering and obtaining a registration card from the Township Clerk/Administrator of the Township of Westampton as provided in this chapter.
A. 
Each applicant for registration shall, at the time of registering, give full, exact and true answers, in writing, on a registration form filed by him providing for registration and recording of the applicant's name, permanent and temporary residence and business addresses, social security number, height, weight and other personal identification data, including identifying marks and a recent, clear and accurate photograph (approximately 2 1/2 inches square, furnished in duplicate by the applicant) of his face; the purpose of the proposed solicitation; the name and permanent address of the person, company or organization for whom he is acting, together with a copy of a written credential from said person to so act, stating his exact relationship to them, the place where the goods or services to be sold or offered are manufactured, prepared or produced and where then located, the names and addresses of two references, preferably owners of real estate in Burlington County or the State of New Jersey or, in lieu thereof, such other available evidence as to his good character as will enable an investigation to corroborate that fact; any prior convictions of federal, state or municipal offenses, including the nature thereof and sentence imposed; the route, date and approximate hours of his solicitation in the Township (which shall be between the hours of 9:00 a.m. and 5:00 p.m.); the registration number of any vehicle he will use in this Township; and his driver's license data.
B. 
The applicant shall, at the time of completing the written registration, deposit with the Township Clerk/Administrator for the use of the Township the sum of $5 to defray part of the cost to the Township of the registration and incidental cost of the investigation hereinafter referred to and of administration of this chapter. Each registration shall be renewed annually.
[Amended 9-21-1992 by Ord. No. 10-1992]
C. 
Upon completion of the form and deposit of the cost, the Township Clerk/Administrator shall promptly initiate and cause to be concluded within 10 days thereafter an investigation designed to corroborate the registration data, prior criminal record, moral character and (in case of commercial solicitations) the business responsibility of the registrant; provided, however, that if the investigation has not been completed within 10 days, the applicant will be issued a temporary registration card forthwith, subject to completion of the investigation.
[Amended 9-21-1992 by Ord. No. 10-1992]
D. 
If the investigation indicates that the registrant has been convicted of an offense involving moral turpitude, or if the registration information is false or misleading in any material respect, or that his moral character (or business responsibility in the case of commercial solicitation) or record of other offenses is of such a nature as to present a clear and present danger to public good, safety or welfare, the Township Clerk/Administrator shall note his findings in that respect on the registration form, together with his disapproval, and furnish the applicant with a copy thereof, by certified mail to his permanent address or by handing it to him personally, and no registration shall issue thereon; provided that the registrant shall have the right, within 10 days of the date of such notice, to file a request with the Township Committee for a review thereof, who, upon receipt of such notice directed to the Mayor, shall promptly fix a time and place at which the registrant may be heard and the matter reviewed and shall forthwith either affirm or reverse the disapproval of the Township Clerk/Administrator and, in the latter event, order a registration card to be issued.
[Amended 9-21-1992 by Ord. No. 10-1992]
[Amended 9-21-1992 by Ord. No. 10-1992]
A. 
Upon compliance by the applicant with the terms of this chapter and upon approval of his registration, there shall be issued to the registrant a registration card indicating that the person named thereon is registered in accordance with the terms of this chapter. Such card shall have securely fixed thereto one of the photographs so submitted and signed by the Township Clerk/Administrator in such fashion that part of his signature extends over a portion of such photograph.
B. 
Such registration card shall remain the property of the Township and may be immediately suspended by the Township Clerk/Administrator for any violation of this chapter and, within five days of such suspension, upon written notice and the reasons therefor and an opportunity to be heard, revoked by the Township Committee for such cause.
C. 
No registrant shall be required to register more than once, provided that he promptly advises the Township Clerk/Administrator of any change in registration data required above and, upon request, furnishes new photographs when the ones provided become unrepresentative of his likeness.
A. 
The registrant shall:
(1) 
Carry the registration card with him at all times while soliciting and exhibit it to any person upon request.
(2) 
Promptly notify the Township Clerk/Administrator of any change of address or any change in any of the data he has given on his registration form.
[Amended 9-21-1992 by Ord. No. 10-1992]
B. 
No registrant shall solicit before the hour of 9:00 a.m. or after the hour of 5:00 p.m. or at any time on a Sunday.
C. 
No registrant shall solicit at any residence or other building when barred by the householder by a sign with the words to the effect that solicitors or peddlers are not invited or are prohibited.
[Amended 9-21-1992 by Ord. No. 10-1992]
A. 
Any person, organization, society or association desiring 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 from persons other than members of such organization, at any place or places within the Township of Westampton for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of §§ 203-4, 203-5 and 203-6 of this chapter, provided that there is filed a sworn application, in writing, with the Township Clerk/Administrator, which shall give the following information:
(1) 
Name and purpose of the cause for which the permit is sought.
(2) 
Names and addresses of the officers and directors of the organization.
(3) 
Period during which solicitation is to be carried on.
(4) 
Whether or not any commission, fees, wages or emoluments are to be expended in connection with such solicitation and the amount thereof.
(5) 
Name and address of each agent or representative who will conduct solicitations and the length of time that said agent or representative has been employed or affiliated with such organization, society, association or corporation.
B. 
Upon being satisfied that such person, organization, society or association is a religious, charitable, patriotic or philanthropic organization and that the agents or representatives who shall conduct the solicitations are of good moral character and reputation, the Township Committee shall approve the issuance of and the Township Clerk/Administrator shall issue a permit. Such organization, association or corporation shall furnish all its members, agents or representatives conducting solicitation credentials, in writing, stating the name of the organization, the name of the agent and the purpose of solicitation.
[Amended 10-25-1979 by Ord. No. 17-1979]
[Amended 9-21-1992 by Ord. No. 10-1992]
The requirements of this chapter shall not be construed to apply to any veteran who holds a special state license issued under the laws of the State of New Jersey; provided, however, that such exemption in the case of such veteran shall extend only to the requirement of securing a license hereunder, and such veteran shall otherwise be required to comply with all sections of this chapter and shall be required to procure from the Township Clerk/Administrator a special veteran's permit which shall be issued by the Clerk/Administrator upon proper identification as required herein.
The provisions of this chapter shall be separable, and, in the event that any part or section hereof is held to be invalid, such invalidity shall not affect any other section or part of this chapter and shall be construed so as not to interfere with any constitutional right of freedom of speech or religion or so as to place undue burden upon interstate commerce.
[Amended 2-28-1974 by Ord. No. 1-1974]
Any person or persons violating this chapter or any of the provisions hereof shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Judge of the Municipal Court before whom such conviction may be had.
[Added 12-10-2013 by Ord. No. 14-2013]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
(1) 
Any person determined by the Federal Internal Revenue Service to be a tax-exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
(2) 
Any person who is, or holds himself or herself out to be, established for any benevolent, philanthropic, humane, social welfare, public health, or other charitable purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety, or any person who in any manner employs a charitable appeal as the basis of any solicitation, or an appeal, which has a tendency to suggest there is a charitable purpose to any such solicitation.
(1) 
Any purpose described in Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
(2) 
Any benevolent, philanthropic, humane, social welfare, public health, or other charitable objective, or an objective that benefits law enforcement personnel or other persons who protect the public safety.
B. 
Roadway solicitation permitted. The Township shall permit qualified charitable organizations to solicit contributions for charitable purposes in roadways situated in the Township.
C. 
Application permit. If charitable organizations desire to solicit contributions in roadways situated in the Township, they shall file an application for a permit with the Municipal Clerk, 30 days prior to the scheduled solicitation, on a form supplied by the Clerk, specifying the following information:
(1) 
Name of applicant organization;
(2) 
Address of applicant organization;
(3) 
Telephone number of applicant organization;
(4) 
Contact person of applicant organization;
(5) 
Specific location or locations of proposed charitable solicitation;
(6) 
Dates and times of proposed charitable solicitation;
(7) 
Identify the manner in which the motorist solicitation will be conducted and the procedures to be used to ensure the safety of the members of the public who will be traveling the roadways situated in the Township.
D. 
Review of application; issuance of permit. Upon the filing of a complete application in accordance with the provisions of this section, the Municipal Clerk shall present same to the Township Committee to grant or deny the applicant's request by resolution. The Municipal Clerk may rely on input provided by the Chief of Police in granting permits. In the event the request is granted, the Municipal Clerk shall issue a permit to the application which shall be subject to the representations contained in the applicant's application and any conditions imposed by the Township. In no event shall any one charitable organization be issued more than four permits, as permitted under this section, in any one calendar year.
E. 
General provisions.
(1) 
Each person soliciting charitable contributions on behalf of a charitable organization must be at least 18 years old.
(2) 
Permits shall be in possession of a representative of the charitable organization present at all times during the solicitation and be available for inspection by local, county, and state police enforcement personnel.
(3) 
Solicitation shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease while traffic is moving. Use of flagmen or any traffic control device, either portable or permanent, shall be prohibited.
(4) 
The charitable organization shall be responsible for cleaning up any debris from the right-of-way that arose out of the solicitation activity.
(5) 
Solicitation shall only be permitted during daylight hours.
(6) 
Solicitors shall not drink alcoholic beverages, use drugs, or be under the influence of drugs or alcohol when soliciting. Solicitors shall not harass the public.
(7) 
The Township shall not be liable in any civil action for damages or property damage or personal injury arising out of the solicitation activity conducted by charitable organizations in Township roadways.
(8) 
All solicitors must wear orange or yellow safety vests while soliciting in the roadway.
(9) 
The Township may impose special conditions on any charitable solicitation permit to preserve and protect the public safety and the free flow of traffic in its roadways.
(10) 
If a request pertains to a location or locations on any county or state highway or intersection of a county or state highway, the charitable organization shall have the prior approval from the Township via ordinance.
F. 
Fee schedule. There shall be no fees assessed for the issuance of a permit to a qualified charitable organization under this section.
G. 
Signage requirements.
(1) 
Signs advertising the roadway solicitation are permitted, but they must be of a temporary construction.
(2) 
Signs shall be a maximum of 16 square feet.
(3) 
At least two warning signs shall be placed as follows:
(a) 
"CHARITABLE SOLICITATION 500 FEET AHEAD;" and
(b) 
A second sign following identifying the name of the organization soliciting.
(4) 
Signs shall not be permitted in the traveled way or in medians less than eight (8) feet in width.
(5) 
All the signs warning, noticing, or advertising a solicitation shall be removed immediately following the solicitation event.
H. 
Violations and penalties. Any person who shall violate any of the provisions of this section shall pay, upon conviction, a penalty of $100.