Upper Cracks Down on Door-to-Door Sales

PETERSBURG – At the Aug. 22 meeting, township committee members exhibited their resolve to “get serious” about door-to-door salespeople. 
As of now, according to Upper Township’s attorney Dan Reeves, the township has a “zero tolerance” stance on these types of vendors or peddlers. The current ordinance is unenforceable, however. The regulation runs contrary to New Jersey Supreme Court rulings that uphold such activities as protected free speech. 
During the discussion on addressing the issue, the committee made clear they’re serious about fixing the problem. 
“In our era of online advertisements, it’s become clear that door-to-door sales is an old method of reaching the public. (It) now has become more effective since most people ignore the bombardment of constant solicitations delivered electronically,” said committee member John Coggins.
Reconsideration of the regulation of door-to-door sales was initiated when officials were informed that the current township “peddling and hawking” ordinance banning door-to-door sales is the subject of potential legal action. 
Reeves advised the committee that Anderson Windows, based in Minnesota, had threatened to sue Upper Township if it does not lift the ban. The company argues that it is an infringement on free speech. 
Due to Covid restrictions, Anderson Windows had not pursued its original 2019 complaint on the matter.
The company is now “contacting the Township almost daily.” 
“Essentially, selling anything is considered to be an act of speech,” said Reeves. 
“While a property owner can put up a sign that salespeople stay away, the township cannot make that decision for every property owner,” he continued. 
According to Reeves’ analysis, municipalities can limit the time and method of sales. A municipality can also require that salespeople respect “no solicitation” signs. 
Township Administrator Gary DeMarzo described an incident over the weekend when police were called to chase after door-to-door peddlers using Segways. The solicitors ran into the woods. 
According to Reeves, the revised ordinance seeks to penalize individual peddlers who violate the measure, rather than the companies the vendors may represent. The township is drawing on other municipal regulations to ensure services, and not just goods, are covered by the measure. 
The committee discussed how residents can protect themselves against unwanted solicitations on their property. Options include, for example, reliance on an electronic registry administered by the municipal clerk for those not interested. They would be identified by address, not name. When the property is sold, a choice would be made by the new owner whether to stay on the registry.
Vendors would also need to register their driver’s license, business license and vehicle number. That information would be shown on a required badge. 
Mayor Curtis Corson, reacting to a suggestion that property owners place signs on their front lawns indicating “no solicitation” said that would “look terrible.”
 “Why should the township pay for these signs? Perhaps we can have a link to a local supplier of signs whom residents can buy from as desired,” Corson continued. 
Committee members made clear that they are open to all recommendations. The public has been asked to contribute their input.
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