[HISTORY: Adopted by the Borough of Rutherford Council 7-3-1962 by
Ord. No. 1860. Amendments noted where applicable.]
GENERAL REFERENCES
Solicitors, peddlers and canvassers — See Ch. 105.
[Amended 5-5-1992 by Ord.
No. 2647-92]
Whenever used in this chapter, unless a different meaning clearly appears
from the context, the following terms shall have the meanings indicated:
The Borough of Rutherford.
Includes the words patriotic, philanthropic, social service, welfare,
benevolent, educational, civic or fraternal, either actual or purported.
The Borough Clerk of the Borough of Rutherford.
Includes the words food, clothing, money, subscription, property,
donations, gifts and contribution.
The Mayor and Council of the Borough of Rutherford.
Any individual, association of individuals or corporation and includes
any trustee, agent or other similar representatives thereof.
Any person who promotes, manages, supervises, organizes or attempts
to promote, manage, supervise or organize a campaign of solicitation.
The request, directly or indirectly, of money, credit, property,
financial assistance or other thing of value on the plea or representation
that such money, credit, property, financial assistance or other thing of
value will be used for a charitable purpose as defined in this chapter. A
"solicitation" as herein defined shall be deemed completed when made, whether
or not the person making the same receives any contribution.
No person shall solicit contributions for any charitable purpose within
this borough without a permit from the governing body authorizing such solicitation;
provided, however, that the provisions of this section shall not apply to
any established person organized and operated exclusively for religious or
charitable purposes and not operated for the pecuniary profit of any person
if the solicitations by such established person are conducted among the members
thereof, voluntarily and without remuneration for making such solicitations,
or if the solicitations are in the form of collections or contributions at
the regular assemblies or services of any such established person.
[Amended 5-5-1992 by Ord.
No. 2647-92[1]]
A written application for a permit to solicit as provided by § 104-2 of this chapter shall be made to the Clerk upon forms provided by the borough. Such application shall be sworn to and filed with the Clerk at least 30 days prior to the time for which the permit is required. The Clerk shall place said application on the agenda of the next regularly scheduled meeting of the governing body. Said application shall contain the following information or, in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:
A.
The name, address or headquarters of the person applying
for the permit.
B.
If the applicant is not an individual, the names and
addresses of the applicant's principal officers and managers and a certified
copy of the resolution, if any, authorizing the solicitation.
C.
The purpose for which the solicitation is to be made,
the total amount of funds proposed to be raised thereby and the use or disposition
to be made of any receipts therefrom.
D.
A specific statement, supported by reasons and, if available,
figures showing the need for the contributions to be solicited.
E.
The names and addresses of the person or persons by whom
the receipts of such solicitations shall be disbursed.
F.
The names and addresses of the person or persons who
will be in direct charge of conducting the solicitation and the names of all
promoters connected or to be connected with the proposed solicitation.
G.
Any outline of the method or methods to be used in conducting
the solicitation.
H.
The time when such solicitations shall be made, giving
the preferred dates for the beginning and ending of the same.
I.
The estimated cost of the solicitation.
J.
The amount of wages, fees, commissions, expenses or emoluments
to be expended or paid to any person in connection with such solicitation
and the names and addresses of all such persons.
K.
A financial statement for the last preceding fiscal year
of any funds collected for charitable purposes by the applicant, said statement
giving the amount of money so raised, together with the cost of raising it,
and final distribution thereof. If any part of the total contributions and
income was derived from tag day appeals, the statement shall indicate clearly
the amount so derived, and that no part thereof has been used for compensation
of tag day solicitors.
L.
A full statement of the character and extent of the charitable
work being done by the applicant within the borough.
M.
A statement that the actual cost of the solicitation
will not exceed 20% of the total amount to be raised.
N.
A statement to the effect that, if a permit is granted,
it will not be used or represented in any way as an endorsement by the borough
or by any officer thereof.
O.
Such other information as may be reasonably required
by the governing body in order for it to determine the kind and character
of the proposed solicitation and whether such solicitation is in the interest
of, and not inimical to, the public welfare.
[1]
Editor's Note: This ordinance also repealed former § 104-3,
Solicitations Advisory Board established, and renumbered the remaining sections
of this chapter.
[Amended 5-5-1992 by Ord.
No. 2647-92]
Prior to review by the governing body, the Clerk shall examine all applications
and shall make or cause to be made such further investigation of the application
and the applicant as she shall deem necessary. Upon request of the governing
body, the applicant shall make available for inspection by it, or any person
designated in writing by the governing body as its representative for such
purpose, all of the applicant's books, records and papers at any reasonable
time before the application is granted, during the time a permit is in effect
or after a permit is granted.
[Amended 5-5-1992 by Ord.
No. 2647-92]
The governing body shall authorize the issuance of a permit whenever
it shall find the following facts to exist:
A.
That all of the statements made in the application are
true.
B.
That the applicant and all individuals associated with
it, as officers managers or agents, have a good character and reputation for
honesty and integrity.
C.
That the control and supervision of the solicitation
will be under responsible and reliable persons.
D.
That the applicant has not engaged in any fraudulent
transaction or enterprise.
E.
That the solicitation will not be a fraud on the public.
F.
That the solicitation is promoted solely by a desire
to finance the charitable cause described in the application, and will not
be conducted primarily for private profit.
G.
That the cost of raising the funds will be reasonable.
Any such costs in excess of 20% of the amount collected shall be considered
to be unreasonable unless special facts are presented showing that peculiar
reasons make a cost higher than 20% reasonable in the particular case.
[Amended 5-5-1992 by Ord.
No. 2647-92]
Upon authorization of the governing body, the Clerk shall issue a permit
upon payment to her of a fee of $10 as a permit fee and the sum of $0.50 for
each copy of the permit.
A.
Permits shall bear the name and address of the person
by whom the solicitation is to be made, permit number, the date issued, the
dates within which the permit holder may solicit and a statement that the
permit does not constitute an endorsement by the borough or by any of its
officers of the purpose or of the person conducting the solicitation. All
permits must be signed by the Clerk. No permit may grant the right to solicit
longer than 90 days from its date, but the governing body may extend the same
for not more than 90 additional days upon a showing that unnecessary hardships
would be created by a failure to extend the same.
B.
A permit for tag day solicitations shall be limited to
only one such tag day during one calendar year for any one person.
C.
Solicitations authorized and permitted pursuant to this
chapter shall be conducted between the hours of 9:00 a.m. and 9:00 p.m.
[Added 5-5-1992 by Ord. No.
2647-92; amended 7-6-1993 by Ord.
No. 2681-93]
Any permit issued under this chapter shall be nontransferable and it
shall be returned to the Clerk within two days of its date of expiration,
together with all copies thereof.
[Amended 10-16-1962 by Ord.
No. 1868; 5-5-1992 by Ord.
No. 2647-92]
A.
All persons to whom permits have been issued shall furnish
credentials to their agents and solicitors for such solicitation. Such credentials
shall include the name of the permit holder, the date of issuance, the name
and address of the solicitor to whom issued and the period of time for which
it is valid. A copy of such credentials must accompany the filing of the application
for approval by the governing body. No person shall solicit under a permit
without said credentials in his or her possession. Said documents must be
shown, upon request, to all persons solicited or to any police officer of
the borough.
B.
Tag day solicitors shall be volunteers receiving no compensation
for their services.
[Amended 5-5-1992 by Ord.
No. 2647-92]
Any person receiving money or anything of value of $1 or more from any
contributor shall give to the contributor a written receipt signed by the
solicitor stating the name of the permit holder, the permit number, the date
and the amount received; provided, however, that this provision shall not
apply to any contributions collected by means of a closed box or receptacle
used in solicitations with the approval of the governing body where it is
impractical to determine the amount of such contribution.
A permit issued under this chapter may be revoked or suspended by the
governing body upon written complaint to it, and after public hearing being
afforded to the holder of the permit, charging fraud, misrepresentation or
false statement in the permit application, any violation of this chapter,
conviction by the holder of the permit or any of its managers or agents of
any crime or misdemeanor involving moral turpitude or conducting the solicitation
in an unlawful manner or in such a manner as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare of
the public. The Clerk shall notify the Chief of Police of any revocation or
suspension of a permit.
No person shall solicit any contributions for any charitable purpose
without maintaining a system of accounting whereby all donations to it and
all disbursements are entered upon the books or records of such person's treasurer
or other financial officer.
It shall be the duty of all persons issued permits under this chapter
to file with the Clerk within 30 days after the solicitation has been completed
or within such further time as the governing body may allow a detailed report
and financial report showing the amount raised by the solicitation and the
amounts expended in collecting such funds.
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be subject to a fine of not exceeding $200 and, in default
of payment thereof, may be sentenced to imprisonment in the county jail for
a term not exceeding 30 days.
The provisions of this chapter shall be severable and if any of the
provisions hereof shall be held to be unconstitutional, the decision of the
court respecting such provision shall not affect the validity of any other
provisions which can be given effect without such invalid provision or provisions.
This chapter shall take effect immediately upon publication according
to law.
