[HISTORY: Adopted by the Township Council
of the Township of Medford 12-21-1982 by Ord. No. 1982-26. Amendments noted
where applicable.]
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:
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.
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."
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
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."
Community events organized by any entity other than the Township and being conducted on Township property or within the Township's right-of-way. Participants in special events shall comply with the provisions of this chapter and require an annual special event permit for participation as defined in § 113-11.
[Added 5-27-2008 by Ord. No. 2008-17; amended 6-19-2012 by Ord. No. 2012-6]
Community events organized by the Township and being conducted on Township property or within the Township's right-of-way. Participants in Township events that do not offer items for sale are not subject to the provisions of this chapter and do not require an annual special event permit for participation as defined in § 113-11. Participants that do offer items for sale are subject to the provisions of this chapter and are required to obtain an annual special event permit for participation as defined in § 113-11.
[Added 6-19-2012 by Ord.
No. 2012-6]
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.
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:
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.
A.
Application for special event permit. For the protection and safety of residents and visitors to special events organized by any entity other than 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 and permit 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.
(1)
At least 90 days prior to any special event, every applicant for
a special event permit shall file with the Municipal Manager or Manager's
designee a sworn written application on a form to be furnished by
said Municipal Manager or Manager's designee, 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 name and nature of the event.
(d)
The location, date(s) and length of time for which the certificate
is desired. All events known for the year shall be listed.
(e)
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 and the execution of an
indemnification and hold harmless agreement in favor of the Township.
(2)
If the special event requires the provision of any police, fire,
EMS, or other municipal services, the Township will submit a bill
to the permit holder, and the permit holder shall pay same within
30 days of presentation. The Municipal Manager or Manager's designee
further may require the deposit of an estimated cost of those services.
If the bill remains unpaid, the Township may take such remedies as
may be available to it under law and no further permit shall be issued
for the event in question or any other similarly sponsored events
by the same applicant. If a road closure is required, an appropriate
resolution by the governing body to close the road must be presented
to and acted upon favorably prior to the event(s).
(3)
It shall be the obligation of the permit holder to ensure that they
have obtained any necessary health, fire or other permits, approvals
or certificates that may be required for the special event or any
conduct or activity associated therewith.
B.
Each application shall be investigated, denied or issued according to the procedures established herein for a standard peddler's/solicitor's application. There shall be a permit application fee as set forth in Chapter 71 of the Code of the Township of Medford payable at the time of submission.
C.
Duty to update. It shall be an affirmative duty and continuing obligation
of the permit holder to provide the Municipal Manager or Manager's
designee with up-to-date information or changes to the application.
D.
Renewal.
(1)
After the initial application is issued by the Municipal Manager
or Manager's designee, a permit holder may annually request renewal
of the permit by providing a certification to the Municipal Manager
or Manager's designee, on or before March 1 of the renewal year.
Said application 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 Municipal Manager or Manager's designee, in his discretion, may require a complete original application to be provided. The applicant shall pay the permit fee as set forth in Chapter 71 of the Code of the Township of Medford annually.
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 maintaining 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.
[Amended 8-2-1983 by Ord. No. 1983-16; 5-27-2008 by Ord. No.
2008-17; 6-19-2012 by Ord. No. 2012-6]
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 Municipal Manager or Manager's designee.
[Amended 4-19-1983 by Ord. No. 1983-8; 5-27-2008 by Ord. No.
2008-17; 6-19-2012 by Ord. No. 2012-6]
The following persons are exempt from the payment of the fee under § 113-12 above upon compliance with all other provisions of this chapter and submission of applicable identification and documents to support their claim to exemption:
A.
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 45:24-10.
B.
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and 45:24-10, possessing a license
in conformity with said law.
C.
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.
D.
Any person selling fruits and farm products grown by himself, with
or without the help of others.
E.
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.
F.
Any school or political organization 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; 6-19-2012 by Ord. No. 2012-6]
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; 6-22-2010 by Ord. No. 2010-14; 6-19-2012 by Ord. No. 2012-6]
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.
