Township of Medford, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Medford 12-21-1982 by Ord. No. 1982-26. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds — Ch. 109.
This chapter is adopted to regulate the distribution of certain materials, peddling, soliciting and related activities within the Township of Medford. The registration of persons engaged in the above-mentioned activities is required so that the identity of persons going door to door or distributing materials within the township may be established, so that general regulations may be more effectively enforced, for the protection and maintenance of the health, safety and welfare of the inhabitants of the township and to prevent dishonest business practices and dishonest solicitation of funds in the township.
As used in this chapter, the following terms shall have the meanings indicated:
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruits, vegetables, magazines, periodicals, printed material, farm products, services, and orders or contracts for services, home improvements or alterations, and anything that may be sold or distributed by peddlers or solicitors, as defined herein.
PEDDLER
Any person, whether a resident of the township or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise to customers. The word "peddler" shall also include the words "hawker" and "huckster."
PERSON
Any individual, firm, partnership, corporation, organization, club, association or any principal or agent thereof.
SOLICITOR
Any person, whether a resident of the township or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser."
SPECIAL EVENT
Community events organized by or with the Township and being conducted on Township property or within the Township's right-of-way. Participants in special events which the event does not offer items for sale are not subject to the provisions of this ordinance and do not require an annual special event permit for participation as defined in § 113-11.
[Added 5-27-2008 by Ord. No. 2008-17]
TRANSIENT MERCHANT
Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor" who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement and occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.
It shall be unlawful for any peddler, solicitor, distributor or transient merchant to sell, offer for sale, solicit funds or distribute merchandise, printed material or services within the township without first registering with the Chief of Police by filing an application for registration, paying a registration fee and obtaining a registration certificate from the Chief of Police.
Upon obtaining a registration certificate as hereinafter provided, a peddler, solicitor or transient merchant may conduct his activities within the township only as long as he adheres to the regulations set forth herein and carries the registration certificate upon his person at all times during the conduct of his activities. The registration certificate shall identify the person and the type of activity for which he has registered and shall be shown to any township official or police officer upon request. All certificates shall expire December 31 of the calendar year in which they are issued.
Every applicant for a certificate under this chapter shall file with the Chief of Police a sworn written application on a form to be furnished by said Chief of Police, which shall give or be accompanied by the following:
A. 
Name and description of the applicant.
B. 
Permanent home address and full local address of the applicant.
C. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold or of the type of solicitation to be done.
D. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
E. 
The length of time for which the certificate is desired.
F. 
If a vehicle is to be used, a description of such vehicle and its license number.
G. 
The place where the merchandise or services to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery.
H. 
A photograph of the applicant taken within 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.
I. 
Three business references located in the County of Burlington, State of New Jersey, or in lieu thereof such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
J. 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
K. 
The fingerprints of the applicant.
[1]
Editor's Note: Former § 113-5.1, Special event application for certificate, as added 6-2-1999 by Ord. No. 1999-20, was repealed 5-27-2008 by Ord. No. 2008-17. See now § 113-11.
A. 
When the application is properly filled out and signed by applicant, the original and duplicate thereof shall be filed with the Chief of Police, who shall make or cause to be made within 15 days such investigation of applicant's business responsibility and character as he deems necessary for protection of the public.
B. 
If, as a result of such investigation, 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 therefor. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to applicant:
(1) 
Conviction of a crime or violation pursuant to § 113-5J.
(2) 
Prior violation of a peddling or soliciting ordinance.
(3) 
Previous fraudulent acts or conduct.
(4) 
Record of breaches of solicited contracts.
C. 
In the absence of any such finding, the Chief of Police shall find the application satisfactory and shall endorse his approval on the application.
A. 
If an application is found unsatisfactory by the Chief of Police and he endorses his disapproval upon the application, he shall notify the applicant by mail that the application is disapproved and shall deny the applicant any registration certificate.
B. 
If an applicant is found satisfactory by the Chief of Police, he shall issue a registration certificate addressed to the applicant to conduct the business applied for upon payment of the proper fee by the applicant. Such certificate shall contain the signature of the issuing officer and shall show the name, address and photograph of the applicant; the type of business (peddler, solicitor, transient merchant) for which the applicant has registered; the kind of goods or services to be sold thereunder; the date of issue; the length of time the certificate shall be operative; and the license number and other identifying description of any vehicle used in the activity licensed.
A. 
Certificates issued under the provisions of this chapter may be revoked by the Township Council, after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation or a material incorrect statement contained in the application for a certificate.
(2) 
Fraud, misrepresentation or a material incorrect statement in the course of carrying on the certificate holder's business as solicitor, peddler or transient merchant.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor.
(5) 
Conducting the business of peddler, solicitor or transient merchant in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for revocation of a certificate shall be given by the Chief of Police in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the certificate holder at the address given on the application at least five days prior to the date set for the hearing, or shall be delivered by the agent of the township in the same manner as a summons at least three days prior to the date set for the hearing.
C. 
Upon revocation, the certificate shall be surrendered to the Chief of Police.
Any person aggrieved by the action of the Chief of Police in the denial of a certificate as provided by § 113-7 shall have the right to appeal to the Township Council. Such appeal shall be taken by filing with the Chief of Police, within 14 days after the 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 Township Council shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 113-8 for notice of hearing on revocation. The decision of the Township Council on such appeal shall be final and conclusive.
No person or certificate holder shall:
A. 
Peddle, solicit or distribute merchandise except between the hours of 10:00 a.m. and 8:00 p.m., prevailing time, unless specifically having been invited to a dwelling by the occupant or having made an appointment with a person previously.
B. 
Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor registered with the township and displaying his certificate.
C. 
Have a right to any single location in the public streets, sidewalks or rights-of-way or operate in any congested area in such a manner as to impede the flow of traffic or pedestrians or create a breach of the peace.
D. 
Enter or attempt to enter the land of any resident in the township where such resident has posted a notice prohibiting such entry.
E. 
Refuse to leave any private dwelling or property after having been once requested to do so by the owner or occupant thereof.
F. 
Shout, cry out, blow a horn, ring a bell or use any sound-making or sound-amplifying device upon any streets, parks or public places of the township or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon private premises, for the purposes of attracting attention to any merchandise or services, without first indicating the same on the application and obtaining written certification from the Chief of Police in the certificate issued pursuant to § 113-7B.
G. 
Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
H. 
Litter the streets, public places or public or private properties within the township with any merchandise or printed material.
[Added 5-27-2008 by Ord. No. 2008-17[1]]
A. 
Application for special event permit. For the protection and safety of residents and visitors to special events organized by or with the Township and being conducted on Township property or within the Township's right-of-way, the Township shall require an annual special event application as defined herein. The permit shall run from April 1 of the year of issuance through March 31 of the following year. A nonrefundable application fee as set out in Chapter 71, Fees and Licenses, shall be provided at the time of application for the processing and investigation of said application. Participants in community events which the event does not offer items for sale are not subject to the provisions of this ordinance and do not require an annual special event permit for participation.
(1) 
On or before March 1 of each year, every applicant for a special event certificate shall file with the Chief of Police a sworn written application on a form to be furnished by said Chief of Police, which shall give or be accompanied by the following:
(a) 
Name and description of applicant.
(b) 
Permanent home address and full local business address of applicant.
(c) 
A brief statement of the nature of the business and a description of the merchandise or service to be sold or the type of solicitation to be done, including the suggested selling prices to be charged by the applicant.
(d) 
The location, date(s) and length of time for which the certificate is desired.
(e) 
If a vehicle is to be used, a description of such vehicle and its license number.
(f) 
The submission of a certificate of insurance showing proof of a minimum of $1,000,000 in general liability insurance with the Township of Medford listed as the additional insured.
(g) 
For food merchandisers whose primary place of business is not located in Burlington County, the submission of a copy of the applicant's current Health Department certificate.
(h) 
If applicable, a certification to the Fire Marshal's office that all prevailing BOCA codes will be adhered to with respect to electrical access, open fires and/or use of propane.
(i) 
Three business references with preference to those located in the County of Burlington and/or the State of New Jersey.
(j) 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
(2) 
Issuance of a certificate will entitle the holder to participate in each one day or multi-day special event within the Township, upon the payment of the event registration fee if such fee is required by the Township or association organizing the event. Special events include, by way of example and not limitation, the Independence Day celebration, the Art and Music Festival, the Halloween Parade and the Dickens Festival.
B. 
Each application shall be investigated, denied or issued according to the procedures established herein for a standard peddler's/solicitor's application.
C. 
Duty to update. It shall be an affirmative duty and continuing obligation to provide the Chief of Police with up-to-date information or changes to the application.
D. 
Renewal.
(1) 
After the initial application is issued by the Chief of Police, a certificate holder may annually request renewal of the certificate by providing a certification to the Chief of Police, on or before March 1 of the renewal year. Said certification must list all personnel who will work for the applicant under said renewal permit and shall indicate any and all additional changes to the original application and provide a current certificate of insurance.
(2) 
If application for renewal is not made on or before March 1, the Chief of Police shall require a complete original application to be provided.
(3) 
The application for renewal shall be approved, unless denied for good cause. A denied renewal application shall be afforded review according to § 113-8 of this chapter including the right to a hearing.
E. 
The following persons or organizations engaged in soliciting at special events are exempt from this provision of this chapter:
(1) 
Political group: an association of persons sponsoring or advocating certain ideas of government or maintain certain political principles or beliefs in public policies of government or advocating the candidacy of any individual for elective office.
(2) 
Religious group: a nonprofit association of persons associated for the purpose of maintaining, advocating and/or espousing certain religious principles and beliefs.
(3) 
Charitable group: a nonprofit association of persons that freely and voluntarily administer to the needs of those persons unable to help themselves, and generally associated to serve the public good and welfare without profit; and
(4) 
Civic group: a nonprofit organization of persons engaged in promoting the common good and welfare of the residents of the municipality. Such definition shall include but not be limited to school groups, benevolent societies, organizations, business associations and service clubs engaged in nonprofit activities.
[1]
Editor's Note: This ordinance also renumbered former §§ 113-11 through 113-14 as §§ 113-12 through 113-15, respectively.
[Amended 8-2-1983 by Ord. No. 1983-16; 5-27-2008 by Ord. No. 2008-17]
A. 
At the time of said application, applicant shall pay a nonrefundable application fee as set out in Chapter 71, Fees and Licenses, for the processing and investigation of said application.
B. 
An additional fee shall be charged if said application is granted; this fee to be as set out in Chapter 71, Fees and Licenses.
C. 
Where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately and each shall pay the appropriate fee. Upon expiration of a certificate, a new certificate will be issued upon compliance with all provisions of this chapter and the payment of fees, except that the investigation and waiting period therefor may be waived if approved by the Chief of Police.
[Amended 4-19-1983 by Ord. No. 1983-8; 5-27-2008 by Ord. No. 2008-17]
The following persons are exempt from the payment of a fee upon compliance with all other provisions of this chapter and submission of applicable identification and documents to support their claim to exemption:
A. 
Any charitable organization or society which is recognized as tax exempt under the United States Internal Revenue Code that shall solicit funds or conduct sales of personal property where the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable object for which the society exists.
B. 
Any person honorably discharged from the military services of the United States, possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 24-10.
C. 
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 24-10, possessing a license in conformity with said law.
D. 
Any public utility or its employees, which said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employees shall display the identification badge or card issued by their employer.
E. 
Any person selling fruits and farm products grown by himself, with or without the help of others.
F. 
Any person engaged in the delivery of goods, wares or merchandise or other articles or things, in the regular course of business, to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.
G. 
Any school, political or civic organization, benevolent society, service club or organization not for profit which is located in the Township or has a majority of its membership from the Township.
[Added 4-19-1983 by Ord. No. 1983-8; amended 5-27-2008 by Ord. No. 2008-17]
This chapter shall not apply to any person or organization soliciting or canvassing for a religious purpose or in the context of religious fundraising, notwithstanding the fact that said religious activity involves the incidental sale of books and/or pamphlets or other merchandise, provided that the person or organization shall have and present to the police, upon request, adequate identification identifying the religious activity or membership in such religious organization during the time of said canvassing or soliciting.
[Amended 5-27-2008 by Ord. No. 2008-17]
Any person violating the terms of this chapter, whether as principal, agent or employee of another, shall, upon conviction, be subject to a fine not exceeding $500 or to imprisonment in the county jail not exceeding 90 days, or both, in the discretion of the sentencing court.