[Adopted 7-9-1984 by Ord. No. A-12-84 as
Ch. 148, Art. I, of the 1984 Code]
[Amended 8-11-2003 by Ord. No. O-56-03]
A.
Unless otherwise provided in this article, no person
shall canvass, solicit or call from house to house within the City
without first obtaining a written permit from the Chief of Police
or, in his absence, the officer in charge at police headquarters.
B.
"Solicitor" and "canvasser" are collectively defined as any person who goes from house to house, from place to place or from street to street, securing or attempting to secure orders for the sale of services, good, wares or merchandise or personal property of any nature whatsoever, for future delivery or for services to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject for such order and whether or not he or she is collecting advance payments on such orders; or, who engages in any of the foregoing activities from a stationary location on the street or other public place. A solicitor or a canvasser under this section is distinguished from a solicitor as defined in Article II, Charitable Soliciting, § 311-9, Definitions, in that the solicitor or canvasser defined in this section operates on a for-profit basis.
[Added 5-12-2003 by Ord. No. O-37-03[1]; amended 12-12-2011 by Ord. No. O-36-11; 12-8-2014 by Ord. No. O-40-14]
The fee for a permit shall be $200. The applicant
for the permit shall pay a fee of $100 to cover the expense of the
initial background check by the Police Department at the time of application
and $100 at the time of the issuance of the permit.
[Amended 12-12-2011 by Ord. No. O-36-11]
A.
The applicant for the permit shall make an application
to solicit or canvass and shall state the following information:
(1)
Full name.
(2)
Age, height and weight.
(3)
Place of birth.
(4)
Whether married or single.
(5)
Place of residence and length of such residence.
(6)
Whether or not previously convicted of a crime.
(7)
Employer's name and address.
(8)
Description of clothing worn by applicant.
(9)
Description of project for which the applicant intends
to canvass or solicit.
B.
Each applicant shall be fingerprinted before a permit shall be issued. He shall also submit his photograph as required by § 311-7B.
C.
Out-of-state
residents must supply a certified copy of a background check from
their state of residency.
D.
Each applicant
must supply a business registration certificate from the State of
New Jersey.
E.
Each applicant
must supply a tax identification number from the State of New Jersey.
[Amended 3-14-2005 by Ord. No. O-4-05; 12-8-2014 by Ord. No. O-40-14]
The Chief of Police or, in his absence, the
police officer in charge at police headquarters shall have the power
to review the application for a permit to canvass or solicit. Upon
review and approval of said application by the Chief of Police or,
in his absence, the police officer in charge, the City Clerk's office
shall have the power to issue a permit to canvass or solicit. The
permit shall state the number of hours or days during which the permit
shall be effective. The permit shall be issued for a period not to
exceed 90 days.
[Amended 3-14-2005 by Ord. No. O-4-05]
The Chief of Police or police officer authorized under § 311-4 to conduct a review for the issuance of a permit to canvass or solicit shall refuse authorization to issue a permit in all cases where the application or further investigation of the applicant, at the discretion of the officer, indicates that the applicant is not of good moral character or that the project for which the canvassing or soliciting is to be performed is not free from fraud.
The Chief of Police or, in his absence, the
officer in charge of police headquarters shall revoke the permit for
failure to observe the rules and regulations set forth in this article,
or such revocation may be based upon false representation or information
in the application.
Persons granted permits under this article shall
obey the following rules and regulations:
A.
No person shall canvass or solicit within the City
except between the hours of 9:00 a.m. and 5:00 p.m.
B.
A copy of the permittee's photograph shall be carried
on his permit. The photograph shall be 2 1/2 inches by 2 1/2
inches in size, taken within 90 days of the date of application and
shall be furnished by the permittee at the time of his application.
C.
The permittee shall exhibit his permit to any police
officer or other person upon request.
D.
The permittee shall be courteous to all persons while
canvassing or soliciting.
E.
The permittee shall not importune or annoy any of
the inhabitants of the City and shall conduct himself in a lawful
manner.
F.
Upon expiration of the permit, or prior thereto upon
cessation of his activity, the permittee shall surrender the permit
to the Chief of Police or the officer in charge at police headquarters.
A.
This article shall not affect 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 ordering
or who are entitled to receive same.
B.
This article shall not apply to any public utility,
as defined in N.J.S.A. 48:2-1, or to any employee of such public utility.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
[Added 7-10-2023 by Ord. No. O-36-23]
A.
All residents of the City may register their name, address, and/or
unit/apartment number with the City Clerk to be placed on a No Knock
List, indicating that they do not want peddlers, panhandlers, solicitors,
or canvassers to approach their homes and/or seek personal contact
with the occupants of the registered home. By registering for the
No Knock List the resident chooses to allow City of Rahway Police,
Fire or First Aid Rescue squads to be exempt. Nothing in this section
shall apply to canvassing made on behalf of political or governmental
campaigns.
B.
Residents shall remain on the No Knock List until such time as they
advise the City Clerk, in writing, that they wish to be removed from
the registry.
C.
The City Clerk shall maintain a No Knock List, a copy of which shall
be available for inspection at the office of the City Clerk during
regular business hours and shall be posted on the official website
for the City of Rahway.
D.
It shall be unlawful for any peddler, panhandler, solicitor or canvasser
to approach and/or seek personal contact with the occupants thereof
if that residence is registered on the No Knock List. Anyone violating
this subsection shall be subject to a fine of not less than $50 nor
more than $100 for each violation.
E.
Upon completion of registration on the Do Not Knock Registry, the
subscriber will receive a decal stating "DO NOT KNOCK Registered on
the No Knock List with the City of Rahway's Municipal Clerk's Office.
VIOLATORS WILL BE PROSECUTED," which must be displayed in a clearly
visible location (i.e., front door or window adjacent to the front
door).
[Added 7-10-2023 by Ord. No. O-36-23]
A.
Definitions. An "unsolicited circular" shall be defined as a commercial
handbill, noncommercial handbill, leaflet, coupon brochure, newspaper,
or other writing which the intended recipient did not request or authorize
to be placed on or about his property.
B.
Do not drop list.
(1)
There is hereby established a Do Not Drop List of residents
of the City of Rahway.
(2)
Residents who do not wish to receive unsolicited circulars beyond
10 feet from their front entrance may do so by completing a form established
by the Municipal Clerk's Office and returning said form to the Municipal
Clerk's Office.
(3)
The City Clerk shall maintain a Do Not Drop List, a copy of
which shall be available for inspections at the office of the Municipal
Clerk during regular business hours and shall be posted on the official
website for the City of Rahway.
[Added 7-10-2023 by Ord. No. O-36-23]
A.
DOOR-TO-DOOR HOME PURCHASE SOLICITATION
HOMEOWNER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Constitutes the action of personally approaching or knocking
on a homeowner's door with the intention of exploring the homeowner's
interest in selling their residential property.
Refers to any individual entity who holds ownership of residential
property within the City of Rahway.
B.
Prohibition of door-to-door home purchase solicitations.
(1)
It shall be deemed unlawful for any person or entity to partake
in door-to-door home purchase solicitations within the geographical
boundaries of the City of Rahway.
(3)
A permit authorized by § 311-1 shall be a prerequisite for any door-to-door solicitations within the City, barring solicitations for home purchases.
(4)
Any person who violates any provision of this section, upon
conviction thereof, shall be punished by a fine not exceeding $500.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
