Ordinance No. 16-18
Introduced: July 26, 2018
Public Hearing: September 6, 2018
An Ordinance Amending the Peddlers and Solicitors Ordinance, Chapter 14, Article III, Division I, at Subsection 14-73(1) of the Code of the Township of Randolph
WHEREAS, pursuant to N.J.S.A. 40:48-1, et. seq., N.J.S.A. 40:52-1; and N.J.S.A. 45:24-1, et. seq. the governing body of a municipality may make, amend, repeal, and enforce ordinances to regulate the conduct of peddlers and solicitors; and
WHEREAS, the Township of Randolph desires to amend Subsection 14-73(1) of the “Peddlers and Solicitors” Ordinance in order to amend the time periods within which conduct is permitted therein so as to be consistent with curfews addressed in New Jersey Citizen Action v. Edison Township, 797 F.2d 1250 (3rd Cir. 1986).
NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION 1. Section 14-73 -“CONDUCT OF PERMITTEES GENERALLY” at Subsection “(1)” shall be amended such that “7:00 p.m.” shall be amended to “9:00 p.m.” such that subsection “(1)”, which establishes prohibited conduct, as amended shall read as follows:
- Solicit, canvass, hawk or peddle before 9:00 a.m. or after 9:00 p.m. of any day or at any time on Sunday except for the approved charitable purposes, excepting, however, that ice cream vendors shall be permitted to sell on township streets during permitted hours on Sunday, but shall not be permitted to solicit from door to door on that day.
SECTION 2. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
SECTION 3. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
SECTION 4. This Ordinance shall take effect immediately upon final passage, approval and publication as provided by law.
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
Mark Forstenhausler, Mayor
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 16-18
Notice is hereby given that an Ordinance entitled “An Ordinance Amending the Peddlers And Solicitors Ordinance, Chapter 14, Article III, Division I, at Subsection 14-73(1) of the code of the Township of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on July 26, 2018 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on September 6, 2018 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend the Township Ordinance to amend the time periods within which conduct is permitted as set forth at Subsection 14-73(1) to amend the time to 9 am to 9 pm.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey