[HISTORY: Adopted by the Township Committee
of the Township of Westampton 8-20-1963. Amendments noted where applicable.]
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:
Includes the making of calls as a part of a service to which
the occupant of the house subscribes.
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 $50 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; 3-21-2023 by Ord. No. 3-2023]
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.
CHARITABLE ORGANIZATION
(1)
(2)
CHARITABLE PURPOSE
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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
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.
Any purpose described in Section 501(c)(3) of the Internal Revenue
Code of 1986, 26 U.S.C. § 501(c)(3); or
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.
(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.
[Added 10-18-2022 by Ord. No. 8-2022]
A.
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.
B.
Residents 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 resident will be issued a sticker to display at their premises
indicating their enrollment on the No Knock Registry, which the resident
shall prominently post for the year registered. The annual registration
expires on December 31 of each year.
C.
A printed or electronic copy of the No Knock Registry shall be provided
to each registered solicitor or canvasser under this section by the
Township Clerk during normal business hours. It shall be the obligation
of the registered solicitor or canvasser to obtain a current, up-to-date
copy of the No Knock Registry in effect at the time of canvassing
and soliciting.
D.
Any registered solicitor or canvasser disregarding or violating the No Knock Registry shall be banned from receiving a registered solicitor or canvasser for one calendar year from the date of violation, and subject to applicable penalties set forth in § 203-10 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 section.
