[HISTORY: Adopted by the Township Committee of the Township of Wall as indicated in article histories. Amendments noted where applicable.]
Article I Sale of Merchandise on Highways
Article II Solicitors, Canvassers and Peddlers
[Adopted 11-8-1978 as Sec. 3-2 of the Revised General Ordinances]
No person shall park a vehicle upon a public roadway or street for the purpose of, or during the process of, soliciting sales or business, displaying goods for sale or selling, or offering to sell, for delivery of goods or merchandise to buyers, consumers or other persons who are occupants of vehicles, standing or moving on the public streets or highways.
This section shall not apply to any ice cream vendor who has received a valid permit from the Township of Wall in accordance with Chapter 167 of the Code of the Township of Wall as well as all other permits and licenses applicable to ice cream vending and vehicles.
[Added 5-13-2009 by Ord. No. 11-2009]
[Adopted 11-8-1978 as Sec. 5-1 of the Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
- HAWKER or PEDDLER
- Any person who goes from home to home or person to person
and carries with him goods, wares, or merchandise of any description
for the purpose of selling and delivering them to purchasers. For
purposes of this chapter, included within the definition of "hawker
or peddler" are ice cream vendors who offer frozen food products for
sale from a vehicle which stops within the Township for purposes of
immediate sales of frozen food products to the public either directly
from the vehicle or proximate thereto.[Amended 5-13-2009 by Ord. No. 11-2009]
- Any structure intended primarily as a residence and consisting of one or more rooms occupying all or part of a floor or floors in a building of one or more floors or stories, including single-family residences or apartments.
- SOLICITOR or CANVASSER
- A person who goes from home to home or person to person selling or buying goods, wares or merchandise by sample or taking orders for future delivery or selling a service to be rendered in the future with or without accepting an advance payment for the goods, wares, merchandise or service.
No hawker, peddler, canvasser or solicitor as defined in this article shall engage in any such business or operations in the Township without first having obtained a permit therefor.
[Amended 5-13-2009 by Ord. No. 11-2009]
This article shall not apply to:
The acts of persons selling personal property at wholesale to dealers in such articles.
Any sale required by statute or by order of court.
Any honorably discharged soldier, sailor, marine, nurse or army field clerk of the United States and any exempt member of a volunteer fire department, as defined and provided in N.J.S.A. 45:24-9, provided such person holds a special license issued by the Clerk of the county in which he resides pursuant to N.J.S.A. 45:24-10 and provided also that such person shall notify the Chief of Police, in writing, of their intentions to solicit and the dates on which they will solicit at least five days prior to commencement of solicitation.
Any person, organization or society or association of a charitable, religious, patriotic, philanthropic or community nature, desiring to solicit or have solicited in its name money, property or financial assistance for which no merchandise, wares or services are required, provided that there is filed with the Chief of Police an application, in writing.
[Amended 10-23-2013 by Ord. No. 20-2013]
The application shall be submitted five (5) days prior to commencement of solicitation and shall include the following information:
Each solicitor for such organization, society or association shall carry proper identification and shall display the same upon request.
Children under the age of 17, engaged in the sale or delivery of newspapers published in the State of New Jersey and qualified as legal newspapers within the meaning of N.J.S.A. 35:1-1 et seq.
[Amended 5-13-2009 by Ord. No. 11-2009]
Any person desiring a permit to canvass, solicit, peddle or hawk in the Township pursuant to this article shall pay a fee of $25 to the Township of Wall Police Department, where an application form shall be obtained, completed and filed with the Chief of Police, which form shall include, but not be limited to:
Name and physical description of applicant.
Permanent home and local address of applicant.
Name and address of employer or firm represented.
Place or places of residence of the applicant for the preceding three years.
A description of the nature of merchandise to be sold or offered for sale or the nature of the service to be furnished.
Whether or not the applicant has ever been convicted of a crime, misdemeanor, or violation of any ordinance concerning canvassing or soliciting and if so, when, where and the nature of the offense.
Date on which he desires to commence canvassing or soliciting.
All hawkers, peddlers, solicitors or canvassers shall be required to identify any person(s) who will participate in any of the activities regulated by this chapter in the manner provided above and such person(s) shall be required to apply for and obtain a permit prior to engaging in any such activities.
Ice cream vendors shall provide proof of valid license(s), registration(s) and insurance(s) for the vehicle(s) to be used as well as proof of satisfactory permits and approvals from the Township Board of Health at the time of the submission of the application.
The applicant shall attach to the application:
Two recent photographs of the applicant, which shall be approximately two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
A letter or other written statement from the individual, firm or corporation employing the applicant, which such letter or statement shall be notarized, certifying that the applicant is authorized to act as the employer's representative.
No such application shall be filed more than three months prior to the time such canvassing or soliciting shall commence.
[ Amended 5-13-2009 by Ord. No. 11-2009]
The Chief of Police of the Township shall cause such investigation to be made of the applicant's business and moral character as he deems necessary for the protection of the public good. This investigation shall include the fingerprinting of the applicant, the costs of which shall be borne by the applicant. However, if the applicant has been fingerprinted within six months of the date of the application by another municipality for similar purposes, the Chief of Police shall accept the results of the other municipality's fingerprint inquiry in lieu of refingerprinting the applicant. 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 his disapproval and the reasons therefor on the application, and the permit shall not be issued.
[Amended 5-13-2009 by Ord. No. 11-2009]
If, as a result of investigation, the applicant's character and business responsibility are found to be satisfactory, the Chief of Police shall endorse his approval and shall cause a permit to be issued. The permit shall show the name, address, photograph and thumbprint of the permittee, the kind of goods or services to be sold or performed thereunder, the date of issuance and the date on which such permit shall expire, which shall be December 31 of the year in which issued. The permit shall be laminated and shall be signed and sealed by the Township Clerk and the Chief of Police.
The investigation by the Chief of Police shall be completed within 20 days of the date of filing of the application and the permit either issued or denied within five days after the date the Chief of Police has completed his investigation.
Every person holding a permit under this article shall carry the permit with him while engaged in canvassing or soliciting and shall exhibit the same upon request of any authorized permit inspector of the Township or proposed customer.
Any permit issued under this article shall be revoked by the Township Clerk if the holder of the permit is convicted of a violation of any of the provisions of this article, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this article. Immediately upon such revocation, written notice thereof shall be given by the Township Clerk to the holder of the permit in person or by certified mail, return receipt requested, addressed to his residence address set forth in the application. Immediately upon the giving of such notice the certificate of registration shall become null and void.
It shall be unlawful for any person holding a permit under this article to:
Canvass, solicit, hawk or peddle as defined in this article prior to 9:00 a.m. or after 5:00 p.m., Monday through Saturday or at any time on Sunday, with the exception of ice cream vendors who may sell from trucks between the hours of 9:00 a.m. and 9:00 p.m., Sunday through Saturday.
[Amended 5-13-2009 by Ord. No. 11-2009]
Enter in or upon any house, building or other structure or any land or property, without the prior consent of the owner or occupant thereof where there is placed or posted, on the premises in a conspicuous position at or near the usual means of ingress, a sign or other form of notice stating or indicating that the owner or occupant thereof forbids or otherwise does not desire persons engaged in canvassing or soliciting activities to enter upon the premises.
Fail to immediately and peacefully depart from the premises when requested to do so by the owner or occupant.
To fail to give a written receipt to the purchaser, which receipt shall be signed by the holder and shall set forth a brief description of the articles ordered, the total purchase price thereof, and the amount of the payment, if any, received by the holder from the purchaser.
All permits may be renewed by following the same procedure set forth in §§ 167-5 through 167-9, except that renewal applications shall be filed by December 1 of each year.
All duly appointed police officers, the Code Enforcement Officer of the Township, or his duly authorized representatives, are hereby appointed inspectors of permits and are hereby authorized to examine all persons to ascertain whether or not such person possesses a proper permit. Inspectors have the power to cause complaints to be filed against all persons violating any of the provisions of this article.
No permit under this chapter shall be issued until the Township Clerk receives a certification from the Tax Collector that all real property taxes and assessments are current and that no such taxes or assessments are then due and owing.
[Added 10-23-2013 by Ord. No. 20-2013]
All residents of the Township may register their name, address and/or unit/apartment number with the Township Clerk to be placed on the No-Knock List, indicating that they do not want canvassers, peddlers, solicitors or hawkers of any sort to approach their homes and/or seek personal contact with the occupants of the registered home. The Township Clerk shall provide the registration form, which shall be available during normal business hours. By registering for the No-Knock List, the resident chooses to allow Wall Township Police, Fire or First Aid Rescue squads to be exempt.
Residents shall remain on the No-Knock List until such time as they advise the Municipal Clerk in writing that they wish to be removed from the list.
The Township Clerk shall maintain a No-Knock List a copy of which shall be provided to all persons or organizations required to obtain a license or register pursuant to Chapter 167. In accordance with the provisions of N.J.S.A. 47:1A-5, the Municipal Clerk shall charge a fee for a copy of the No-Knock List. The list shall be updated periodically.
It shall be unlawful for any peddler, hawker, 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.
Upon completion of registration on the No-Knock List the subscriber shall purchase and receive, for a nominal fee, a decal stating "DO NOT KNOCK; Registered on the No-Knock List with Wall Township'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).