TOWNSHIP OF VERONA
COUNTY OF ESSEX, STATE OF NEW JERSEY
ORDINANCE NO. 2019-14
AN ORDINANCE TO REPEAL CHAPTER 104 (PEDDLERS AND SOLICITORS), ESTABLISHING A NEW CHAPTER 104 (PEDDLERS AND SOLICITORS), AND AMENDING CHAPTER A175-1 (SCHEDULE OF FEES) OF THE CODE OF THE TOWNSHIP OF VERONA
BE IT ORDAINED by the Township Council of the Township of Verona, in the County of Essex, New Jersey, as follows:
SECTION 1
The language currently contained in Chapter 104 (Peddlers and Solicitors), of the Code of the Township of Verona, is hereby deleted in its entirety.
SECTION 2
There is hereby established a new Chapter 104 (Peddlers and Solicitors) of the Code of the Township of Verona, to read as follows:
§104. PEDDLERS AND SOLICITORS.
§104-1. Definitions.
For the purpose of this section, the following terms, words and phrases shall be interpreted as follows:
Applicant – shall mean any person, organization, firm, partnership, corporation, company, association, church, religious denomination, society, class, league or other entity or group seeking to obtain a license for commercial solicitation.
Canvasser – shall mean any person who travels, either by foot or automobile or any other type of conveyance, from place to place, from house to house, from business to business or from street to street to seek or develop support for, to conduct market research about, to determine feelings or opinions about, to conduct a survey about, or explain a position about and on behalf of any commercial product, cause or organization.
Agent and/or Employee – shall mean any individual receiving compensation, in any form whatsoever, from an entity for engaging in solicitation within the Township.
Goods and/or Services – includes but is not limited to food (including but not limited to ice cream, refreshments and farm products), magazines and periodicals, advertisements, commercial handbills, personal property, coupons, products, merchandise, wares, orders or contracts for a service, home or business improvement or alterations, as well as offering or seeking to purchase real property when such real property is not listed for sale.
Itinerant Vendor – shall mean any person who travels, either by foot or automobile or any other type of conveyance, from place to place, from house to house or from street to street taking or attempting to take orders for the sale of goods of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the object to be sold, and whether he/she is collecting advance payments on such sales; not shall not include wholesalers calling on retail merchants.
License – shall mean a license of commercial solicitation issued by the Township pursuant to the provisions of this article.
Nonprofit Organization – shall mean (1) any organization tax exempt under §501(c)(3) of the Internal Revenue Code; (2) any organization created under or otherwise subject to the provisions of the Title 15A of the New Jersey Statutes; (3) any organization, whether or not qualified under §501(c)(3) of the Internal 2 Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes, whose primary purpose is to benefit the school age children of the Township, included but not limited to schools, school clubs and organizations, Scouts and similar youth group; (4) any organization whose primary purpose is to advocate for religious or political causes, whether or not qualified under §501(c)(3) of the Internal Revenue Code or subject to Title 15A of the New Jersey Statutes; (5) any department within the Township’s municipal government structure, including, but not limited to, the Police Department and any volunteer fire, first aid or rescue organization that is located in, has substantial membership from or serves the Township; or (6) and Federal, State or County government agency.
Peddler or Hawker – shall mean any person who travels, either by foot or automobile or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting goods for the purpose of selling and delivering them to prospective customers.
Person – shall mean not only an individual, but also any organization firm, partnership, corporation, company, association, church, religious denomination, society, class, league or other entity or group. Solicitor – shall mean any individual agent or employee soliciting on behalf of any organization, firm, partnership, corporation, company, association, church, religious denomination, society, class, league or other entity or group.
Solicitation or Solicit – shall mean to go in or upon the streets, roads and semi private and private property in the Township without having been invited to do so by the owner or occupant of the property, for the purpose of advertising, promoting or selling any products, goods or services, seeking to purchase real estate that is not advertised for sale of conducting market research or a market or opinion survey regarding commercial goods or services. Solicitors shall include but shall not be limited to itinerant vendors, peddlers, hawkers and canvassers of commercial products or services. Solicitation shall include the placement upon private property of handbills or other written material advertising goods or services for sale. Solicitation shall also include the sale of goods or services which the solicitor promises to donate or deliver to a charitable or other nonprofit institution on behalf of the purchaser.
§104-2. Exemptions.
A. This ordinance shall not affect any of the following persons or activities:
1. Any person engaged in the delivery, in the regular course of business, of goods, wares, merchandise, or other articles of personal property to the premises of persons who had previously ordered same or were entitled to receive same by reason of prior agreement.
2. Any nonprofit organization, as defined in §104-1 of this Code, engaged in the solicitation of funds for charitable purposes solely from its members.
3. Any person engaged in the solicitation of funds for a nonprofit organization, when solicitation occurs on premises owned or controlled by the person soliciting funds or with the permission of the person who owns or controls the premises.
4. Federal census-taking and surveys taken pursuant to federal, state or local laws.
5. Any public utility, or its agents and employees, which is subject to the regulation of the State Board of Public Utility; provided, however, such agents or employees shall display the identification badge or card issued by the utility.
6. Children enrolled in public and private elementary and secondary schools in the Township, including children peddling or soliciting for schools, school clubs and organizations, scouts and similar youth groups.
7. Any person engaged in the delivery or solicitation of subscriptions for a print media organization provided, however, that said person shall adhere to the general regulations set forth in §104-10 and in addition such persons shall display an identification badge (subject to the approval of the Township Clerk) 3 provided by the print media organization and an information sheet shall be filed with the Police Department and the Township Clerk containing:
a. the proposed location of solicitation;
b. the make, model and license plate number of any vehicle being used during such solicitation; c. the name of the supervisor of the persons Soliciting; and d. the names of all those soliciting within the Township on behalf of said print media organization.
8. Any individual campaigning for elected public office or support/opposition to a public question which is to be voted upon in the Township during a primary, general, school board, municipal or special election, in a local, State or National election.
§104-12-20. Reserved.
§104-21. “DO NOT KNOCK” Registry.
All definitions in §104-1 shall apply to this Section.
§104-22. Registration of Property.
Any person or entity who owns or rents property within the geographical borders of the Township may register such property to be included on the “Do Not Knock” registry by registering through the Township Clerk’s office.
§104-23. Maintenance of List.
Maintenance of the “Do Not Knock” registry shall be as follows:
A. The “Do Not Knock” registry shall be maintained by the Township Clerk. The list shall be available through the official Township website.
B. The “Do Not Knock” registry shall consist solely of property addresses and shall include no further identifying information concerning the ownership of each property.
C. The Tax Assessor shall notify the Township Clerk of any change in ownership of property within the Township. The Township Clerk shall remove from the “Do Not Knock” registry any property which has changed ownership.
D. Other than by sale of property, a property, once listed, may only be removed from the registry by submitting a written, sworn and notarized request to the Township Clerk.
§104-24. Duties of the Township Clerk’s Office.
The Township Clerk shall:
A. Post a current copy of the “Do Not Knock” registry on the official Township website.
B. Provided a dated copy of the “Do Not Knock” registry to every applicant to whom a license is issued pursuant to this Chapter.
C. Provide a copy of the “Do Not Knock” registry to any organization, firm, partnership, corporation, company, association, church, religious denomination, society, class, league or other entity or group notifying the Township Clerk’s office who engage in commercial soliciting or canvassing within the geographical borders of the Township. The failure of the Township Clerk to provide the “Do Not Knock” registry to such person or the failure of such person to have received a copy of the “Do Not Knock” registry from the Municipal Clerk shall not provide a defense to the requirement of having in his/her possession a copy of the updated “Do Not Knock” registry.
§104-25. Solicitation Prohibited.
It is prohibited for any person to conduct any commercial solicitation at any property listed on the “Do Not Knock” registry.