[HISTORY: Adopted by the Borough Council
of the Borough of Florham Park 10-19-1993 by Ord. No. 11-93[1]; amended in its entirety 8-21-2008 by Ord. No. 08-27.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 140.
Noise — See Ch. 155.
Peace and good order — See Ch. 175.
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 179, Peddling and Soliciting, adopted
4-20-1982 by Ord. No. 6-82, as amended.
This chapter shall be known as the "Solicitation
Ordinance of the Borough of Florham Park." Its purpose is to promote
the welfare of the Borough residents, to prevent fraud, crime and
unethical and dishonest business practices, and to protect residents,
peddlers and solicitors during the course of activities covered by
the permit.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any benevolent, philanthropic, patriotic, political, religious,
not-for-profit or charitable group or association. Charitable organizations
include but are not limited to the following organizations: fire departments,
first-aid squads and religious organizations.
Any charitable, benevolent, philanthropic, patriotic, political,
religious, or eleemosynary purpose.
The handing out, leaving, giving out or placing of any item,
printed matter or object at any place or location within the Borough.
In either marketable or sample form, including but not limited
to magazines, periodicals, books, orders or contracts for services,
goods or products and advertisements, opinion surveys or polls in
any form.
Includes a peddler or solicitor who transports prepared food,
foodstuffs to be prepared or cooked prior to sale and/or beverages
for sale in the Borough by vehicle or pushcart, such food or beverage
to be sold to individual patrons while said vehicle is stopped or
parked. Mobile vendors of frozen products only, such as ice cream,
frozen ices or frozen confectionary products, are specifically excluded
from the definition of "mobile food vendor."
Any person who goes from place to place by traveling on the
streets and roads or from house to house carrying, conveying or transporting
goods, wares or merchandise for the purpose of selling and delivering
them to customers. The word "peddler" shall include the words "hawker,"
"huckster" and "vendor."
Includes any natural person, proprietorship, corporation,
partnership, group, association and organizations.
Any person who goes from place to place by traveling on the
streets and roads or from house to house taking or attempting to take
orders for the sale of goods, wares and merchandise or personal property
of any nature whatsoever for future delivery or for services to be
furnished or performed in the future, including orders for improvements
to real property, whether or not such person has, carries or exposes
for sale a sample of the object to be sold and whether or not he is
collecting advance payments on such sales. The word "solicitor" shall
include the word "canvasser," provided that this definition shall
not include wholesalesmen calling on retail merchants. It also is
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, which, by nature, involves
a door-to-door or place-to-place activity, and shall include persons
going from door to door or place to place or being in or on any public
or quasi-public areas of the Borough for the purpose of seeking contributions,
donations or alms for any person or organization.
It shall be unlawful for any person to engage
in activities as a solicitor or canvasser or to sell or distribute
in any public or quasi-public place or door to door or place to place
within the Borough, except as otherwise provided for under the provisions
of this chapter.
A.
Any person desiring to peddle, canvass, solicit or
distribute in any public or quasi-public place or to call door to
door, soliciting information or contributions or selling or causing
to be sold or taking orders for the present or future delivery of
goods, services or merchandise, shall first make application for a
permit on forms provided by the Borough and provide the following
information to the Borough Clerk:
(1)
Name, address, social security number and state automobile
driver's license number.
(2)
The name, address, and telephone number of the employer,
company or organization represented.
(3)
A brief statement of the nature of the business to
be conducted or the purpose or cause for which the solicitation, canvass,
sale or distribution is being made.
(4)
The name, addresses and telephone numbers of the officers
of the organization or employers.
(5)
Proof that the applicant is a duly authorized agent
or employee of the sponsoring entity.
(6)
A written communication or resolution of the sponsoring
entity acknowledging the purpose for which this application is made.
(7)
The date and times of the intended solicitation, canvass,
sale or distribution.
(8)
A geographic plan or description of the solicitation
area.
(9)
A statement as to whether or not the applicant has
ever been convicted of a crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefor.
(10)
A list of any other municipalities in New Jersey in
which the applicant has previously canvassed, solicited or peddled
and the month(s) or year(s) in which that activity occurred. If more
than five municipalities are involved, then the applicant shall be
required to list only the five municipalities in which such activity
was most recently conducted, providing the dates as requested above.
(11)
A description including the vehicle ID number
and license plate number for any vehicle to be used by the applicant
or the sponsoring entity for solicitation, canvassing, selling or
distribution activities in the Borough.
(12)
The place where the merchandise to be sold or
offered for sale is manufactured or produced, the place where such
merchandise is located at the time such application is filed and the
proposed method of delivery.
(13)
A photograph of the applicant taken 60 days
immediately prior to the date of the application, which photograph
shall clearly show the head and shoulders of the applicant and shall
measure two inches by two inches. In the alternative, the applicant
may request the Police Department to take such photographs and pay
an additional fee of $5.
(14)
Applications by partnerships shall be signed by all partners with the information required by this § 179-4 supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this section relating to each employee or agent who shall engage in the licensed activity and shall be signed by said employee or agent.
B.
Charitable organizations.
(1)
Any charitable organization, as defined in § 179-2 above, desiring to solicit, or have solicited in its name, contributions or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise within the Borough for a charitable purpose shall be exempt from the provisions of this section requiring the application for and obtaining of permits for such activity. Any such charitable organization exempt from the requirements of this chapter by this section shall nevertheless provide to the Chief of Police prior to the commencement of its solicitation activities the following information:
(a)
The names, addresses, social security numbers
and state automobile driver's license numbers of all agents, employees
or representatives who are soliciting, canvassing, selling or distributing
within the Borough.
(b)
The purpose or cause for which the solicitation,
canvass, sale or distribution is being made.
(c)
The date and times of the intended solicitation,
canvass, sale or distribution.
(d)
A geographic plan or description of the solicitation
area.
(2)
Nothing herein, however, should be construed to alter
the exempt status under this chapter of any such charitable organizations
from the requirements to obtain a permit.
C.
Limitations.
(1)
No more than a total of 10 yearly permits shall be
issued, and no more than one per person.
(2)
No more than five yearly permits shall be issued to
mobile food vendors.
(3)
Peddlers and solicitors who are already licensed by
the Borough shall have 10 days prior to the expiration date of the
licenses to renew the same at the required fee. This right to renew
shall not be assigned or transferred and shall be forfeited if not
reviewed within the ten-day period prior to expiration.
D.
Permit fees shall be established annually by resolution
of the Council.
A.
Investigation of applicant.
(1)
Upon receipt of an application submitted in accordance with § 179-4, the original shall be referred to the Chief of Police, who shall cause to be made such investigation of the applicant's background as deemed necessary for the protection of the public welfare. As part of such investigation, the Chief of Police may conduct a criminal history background check.
(2)
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reasons for the same and return the application to the Borough
Clerk, who shall notify the applicant that his application is disapproved.
(3)
Any disapproval by the Chief of Police shall be based
upon one or more of the following findings with respect to the applicant:
(a)
Conviction of a crime relating adversely to
the occupation of canvassing or soliciting. In such event, the provisions
of N.J.S.A. 2A:168A-1 shall be complied with and set forth in a written
explanation provided to the applicant based upon consideration of
the following factors or any other factors:
[1]
The nature and duties of the business for which
a license is sought;
[2]
The nature and seriousness of the crime;
[3]
Circumstances under which the crime occurred;
[4]
The date of the crime;
[5]
The age of the person when the crime was committed;
[6]
Whether the crime was an isolated or repeated
incident;
[7]
Social conditions which may have contributed
to the crime; and
[8]
Any evidence of rehabilitation, including good
conduct in prison or in the community, counseling or psychiatric treatment
received, acquisition of additional academic or vocational schooling,
successful participation in correctional work-release programs, or
the recommendation of persons who have or have had the applicant under
their supervision.
(b)
Prior violation of a peddling or solicitation
ordinance.
(c)
Previous fraudulent acts or conduct.
(d)
Record of breaches of soliciting contracts.
(e)
Misrepresentation or false statement contained
in the application for the permit.
(f)
Concrete evidence of bad moral character.
(4)
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse the approval on the application
and return the application to the Borough Clerk, who shall, upon payment
of the prescribed permit fee, execute and deliver to the applicant
his permit. The Clerk shall keep a record of all permits issued and
all complaints received, if any, concerning each permit.
B.
The permit issued hereunder shall contain the signature
of the issuing officer and shall show:
(1)
The name and address of the applicant and the sponsoring
company or association.
(2)
The class of permit issued.
(3)
The kind of merchandise or services to be sold or
distributed thereunder.
(4)
The date of issue.
(5)
The length of time the permit shall be operative.
(6)
The license number and other identifying description
of any vehicle used in the peddling or soliciting activity licensed.
C.
The Police Chief shall issue to each successful applicant
at the time of the delivery of his permit a badge which shall display
a photograph of the applicant and show the nature of the permit in
letters and figures easily discernible. Such badge must be worn constantly
by the successful applicant in such a manner as to be readily visible
when engaged in the activities herein. Upon issuance of said permit
and badge, the applicant shall pay to the Police Chief the sum of
$5 as a deposit for each badge, refundable to said applicant upon
return to the Police Chief. If the licensee fails to return the badge
to the Police Chief within 14 days after the expiration date indicated
on the badge, the licensee shall forfeit the deposit.
D.
Permit fees shall be established annually by resolution
of the Mayor and Council.
Persons exempt from the provisions of this chapter
are:
A.
Any person, not a canvasser, solicitor or peddler,
engaged in the delivery of goods, wares, merchandise or things in
the regular course of business to the premises of persons who had
previously ordered the same or were entitled to receiving the same
by reason of an agreement and/or purchase.
B.
Any public utility or its employees, which public
utility is subject to regulations by the State Board of Public Utilities.
C.
The agent of any governmental unit while in the discharge
of its duties or obligations, provided that such person shall display
the identification badge or card issued by his employer.
D.
Any person honorably discharged from the military
service of the United States possessing a peddler's license in conformity
with N.J.S.A. 45:24-9 through 45:24-10.
E.
Candidates to national, state and local elective office
and properly identified representatives of authorized municipal, county
or state political parties.
F.
Adults engaged in dropping off newspapers to carriers.
All persons who receive approval and a permit
to solicit within the Borough shall conform to the following conditions
and regulations:
A.
They shall wear the badge so as to be readily visible,
and carry with them at all times an original or copy of the permit
issued by the Chief of Police.
B.
They shall solicit only in the approved area.
C.
They shall solicit only during the hours provided
for on the permit. In no event shall any such activity occur prior
to 9:00 a.m. or subsequent to 9:00 p.m.
D.
They shall wear day-glow/night-glow safety vests supplied
by the Chief of Police if the solicitation is to take place during
dusk or after and/or between the hours of 6:00 p.m. and 9:00 p.m.
E.
After gaining entrance to any residence, whether invited
or not, they shall immediately and peacefully depart from the premises
when requested to do so by the occupant.
F.
Upon going onto any premises in the Borough, they shall first examine any notice, as described below, which may be attached to said property, and be governed by the statement contained on any such notice by immediately and peacefully departing from the premises. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such a residence for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined in defiance of any notice, as defined below. Every person desiring to secure the protection provided by this Subsection F shall notify the Borough of his or her desire to be placed on the nonsolicitation list maintained by the Borough Clerk and/or exhibit upon or near the main entrance door to his or her residence a notice indicating the words "no solicitors" or "no soliciting." The letters shall be at least one inch in height, and the notice shall be at least three inches by six inches in size.
G.
Minor children may solicit only during daylight hours
and must always be in view of an accompanying adult over the age of
21 years of age. Minor children may not enter the premises being solicited.
H.
When parked on a time-regulated public street, a peddler
or solicitor must obey all existing parking ordinances.
I.
Vehicles moved or parked on public streets in connection
with a peddler's or solicitor's operation must comply with all state
and motor vehicle laws.
J.
No signs are to be erected or displayed without the
approval of the Zoning Code Official, except for signs on vehicles
that stipulate prices on food offered.
K.
Mobile food vendors must provide for the disposal
of recycling cans and/or bottles. Mobile food vendors are not to use
public receptacles for garbage attributable to that peddler's operation.
L.
Peddlers and solicitors are prohibited from serving
drivers or passengers of vehicles and are only allowed to serve pedestrian
customers.
M.
Peddlers and solicitors are prohibited from the use
of temporary public utility hookups without prior approval of the
Construction Code Official.
N.
No peddler or solicitor, nor any person in his behalf,
shall shout, cry out, blow a horn, ring a bell or use any sound device,
including any loud-speaking radio or sound-amplifying system, upon
any of the streets, alleys, parks or other public or private places
in the Borough to call attention to his business or to his merchandise.
O.
Peddlers and solicitors shall not stop or park any
vehicle on privately owned property for the purpose of conducting
a sale without having first filed, with the licensing authority, a
written authorization for the same from the property owner. No peddler
or solicitor shall conduct or attempt to conduct his business on any
residence or on any privately owned property on which is posted a
sign expressly prohibiting such activity.
P.
A peddler or solicitor must not inhibit pedestrian
traffic and must have at least eight feet between the vehicle and
the curbline for pedestrian traffic.
Q.
Peddlers or solicitors shall not stop or park any
vehicle in such a manner as to block any advertisement, display or
entrance to an existing store.
R.
Peddlers and solicitors shall not stop or park any
vehicle in an alleyway or walkway and shall not stop or park any vehicle
in such a manner as to block entrance to said alleyways or walkways.
S.
Peddlers or solicitors shall not park any vehicle
in such a manner as to block any municipal sign, public receptacle
for garbage, public bench or other public amenity.
T.
Peddlers and solicitors must have their intended location
approved by the Police Department prior to setting up operations.
The Police Chief shall maintain a record of
all permits issued under the provisions of this chapter and shall
record therein all convictions for violations of this chapter and
other pertinent circumstances and incidents reported to the Chief
of Police.
A.
Permits issued under this chapter may be revoked by
the Borough after reasonable notice and hearing, if requested, for
any of the following causes:
(1)
Fraud or misrepresentation in any application for
a permit.
(2)
Fraud, misrepresentation or other dishonesty in the
conduct of the permitted activity.
(3)
Violation of any of the provisions contained in this Chapter 179 governing peddling and soliciting.
(4)
Conviction of any crime or offense relating adversely to the occupation of peddling or soliciting as determined according to the procedure and based upon the considerations set forth in § 179-5A(3) of this chapter.
(5)
Conducting the business of permitted activity, whether
by the applicant himself or his agents or employees, in any unlawful
manner or in any manner that constitutes a breach of the peace or
a menace to the public health, safety or general welfare.
B.
Notice of hearing for a revocation of a license shall be given in writing setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the permittee or mailed, postage prepaid, to the permittee at the address given by the permittee in making application under § 179-4 herein, at least five days prior to the date set for said hearing.
Any person aggrieved by the action of the Borough in the denial of an application for a permit as provided in § 179-5 of this chapter or in the decision with reference to the revocation of a permit as provided in § 179-10 of this chapter shall have the right of appeal to the Borough Council of the Borough of Florham Park. Such appeal shall be taken by filing with the Borough Clerk, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Borough Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 179-10 of this chapter for notice for hearing or revocation. The decision and order of the Borough Council on such appeal shall be final and conclusive. In accordance with N.J.S.A. 2A:168A-2, if the denial of an application or the revocation of a permit is upheld based upon the grounds set forth in § 179-5A(3) or 179-10A(4) of this chapter, the applicant shall be provided with a written explanation based upon consideration of the factors enumerated in § 179-5A(3).
A.
The Borough Clerk shall collect, prepare and maintain
a list of addresses of those premises where the owner and/or occupant
has notified the Borough that he or she does not wish for any solicitor
or canvasser to enter upon his or her property for solicitation or
canvassing purposes. To be included on this nonsolicitation list residents
must complete a form which will be made available through the Clerk's
office and submit the completed form to the Borough Clerk. This nonsolicitation
list will be updated on a quarterly basis and provided by the Borough
to all licensees. No solicitor or canvasser shall enter upon any private
property that is included upon the nonsolicitation list.
B.
Violators of this section will be subject to fine
and/or suspension or revocation of the license granted under this
chapter.
[Added 5-19-2009 by Ord. No. 09-7]
A.
No person shall place, use or employ a donation clothing bin for
solicitation purposes within the Borough of Florham Park unless all
of the following requirements are met:
(1)
The person shall apply for and obtain a permit from the Property
Maintenance Officer. The application for the permit shall include,
along with the required fee set forth in this section:
(a)
The location, as precisely as possible, where the bin will be
situated.
(b)
The manner in which the person, entity or organization anticipates
any clothing or other donations collected via the bin will be used,
sold or disbursed and the method by which the proceeds collected will
be allocated or spent.
(c)
The name and telephone number of the bona fide office of any
entity which may share or profit from any clothing or other donations
collected via the bin.
(d)
Written consent of the property owner to place the bin on his
property.
(2)
All persons who have obtained a permit pursuant to Subsection A above and wish to renew said permit shall submit, along with the required fee set forth in this section, an application for renewal prior to the expiration of the permit, which such renewal application shall include the following information:
(a)
The location where the bin is currently situated and, if the
person intends to move it, the new location where the bin will be
situated and written consent of the property owner to place the bin
on his property.
(b)
The manner in which the person has used, sold or disbursed any
clothing or other donations collected via the bin, the method by which
the proceeds of collected donations have been allocated or spent,
and any changes the person anticipates he may make in these processes
during the period covered by the renewal.
(c)
The name and telephone number of the bona fide office of any
entity which shared or profited from any clothing or other donations
collected via the bin and of any entities which may do so during the
period covered by the renewal.
B.
Notwithstanding the provisions of Subsection A above, no donation clothing bin shall be placed, used or employed in a location that is considered by the Property Maintenance Officer to cause a safety hazard. Placement that will be considered to pose a safety hazard includes, but is not limited to, placement within 100 yards of any place which stores large amounts of or sells fuel or other flammable liquids or gases.
C.
Permit fee and duration.
(1)
The application fee, which must be submitted with the application under Subsection A(1) above, shall be $25.
(2)
The fee for a renewal of the permit, which must be submitted with the application under Subsection A(2) above, shall be $25.
(3)
All permits and renewals obtained shall be in effect for one year
and shall expire on December 31 of the year of the permit and renewals.
D.
Notices required. The following information shall be clearly and
conspicuously displayed on the exterior of the donation clothing bin:
(1)
The permit number and the date of expiration of that permit;
(2)
The name and address of the registered person who owns the bin and
of any other entity which may share or profit from any clothing or
donations collected from the bin;
(3)
The telephone number of the person's bona fide office and the
telephone number of the bona fide office of any other entity which
may share in the profit from any clothing or donations collected via
the bin;
(4)
In cases where an entity other than the person who owns the bin may
share or profit from any clothing or other donations collected via
the bin, the notice shall also state that the clothing or other donations
collected via the bin, the proceeds, or both, may be shared by or
given directly to an entity other than the person who owns the bin,
which such entity shall be identified; and
(5)
A statement indicating the manner in which the person, entity or
organization anticipates any clothing or other donations collected
via the bin will be used, sold or disbursed and the method by which
the proceeds collected will be allocated or spent.
E.
Complaints and investigation.
(1)
The Property Maintenance Officer, upon receipt of any complaint concerning
a donation clothing bin, shall request that the Police Department
perform an investigation within 30 days of receipt of the complaint.
(2)
Any person who places a clothing bin in violation of this section
or N.J.S.A. 40:48-2.61 shall be given a warning stating that if the
violation is not rectified or a hearing with the Property Maintenance
Officer is not requested within 45 days, then the bin will be seized
and removed at the expense of the person who placed the bin, and any
clothing or other donations collected via the bin shall be sold at
public auction or otherwise disposed of. This notice shall be placed
on the donation clothing bin and forwarded to the last known address,
according to the Borough's records, of the person who placed
the bin at the location.
(3)
If the person who placed the bin does not rectify the violation or
request a hearing within 45 days of the posting of the warning, then
the Borough shall remove the bin or have it removed at the expense
of the person who placed the bin and shall sell at public auction
or otherwise dispose of the clothing or donations. All proceeds from
the sale of the donations collected via the bin shall be paid to the
Chief Financial Officer of the Borough.
F.
Additional fines and penalties. In addition to the remedies set forth in Subsection E above, any person who violates this section or N.J.S.A. 40:48-2.60 et seq., as amended and/or supplemented, which results in the seizure of the donation clothing bin, shall be subject to the following:
(1)
A penalty of up to $20,000 for each violation. The Borough shall
bring this action in Municipal Court or Superior Court in a summary
proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c.274
(N.J.S.A. 2A:58-10 et seq.). Penalty monies collected shall be paid
to the Chief Financial Officer of the Borough.
(2)
Ineligibility to place, use or employ a donation clothing bin for
solicitation purposes. A person who is deemed ineligible may apply
to the Property Maintenance Officer to have his eligibility restored.
The Property Maintenance Officer may restore the eligibility of a
person who:
