[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 4 of Chapter 24 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CHARITABLE, BENEVOLENT OR PATRIOTIC PURPOSE
- Includes, but shall not be limited to, the purpose of ministering to the material or spiritual needs of human beings in the United States or elsewhere, or of relieving the suffering of animals, or of inculcating patriotism.
- Includes money, goods, wares, merchandise or any other thing of value and contributions or financial assistance of any kind, whether given as a gift or in exchange for any thing or object, entertainment, exhibition or other inducement to such donation.
- Includes organization, society, association or corporation as well as the officers, employees, agents, representatives and solicitors thereof.
- PUBLICLY SOLICIT
- Includes solicitation upon the streets, in any public places, by telephone or house-to-house or office-to-office canvassing.
- Includes promises to pay any sum of money or to deliver any goods, wares, merchandise or other thing of value, or to render financial assistance of any kind, whether as a gift or in exchange for any thing or object, entertainment, exhibition or other inducement to such subscription.
This chapter and its regulations shall not apply to any solicitation of funds conducted by any religious or fraternal organization among its own members or to any solicitation of funds conducted by any charitable, religious or fraternal organization approved by the Council by resolution.
No person shall publicly solicit donations or subscriptions for any charitable, benevolent or patriotic purpose in the city without having a permit therefor issued by the Chief of Police as hereinafter provided.
Every applicant for a permit shall furnish to the Chief of Police the following information:
The name and residence address of the applicant.
The names and addresses of all the officers and directors of the organization, society, association or corporation for which the applicant is authorized to solicit the donations or subscriptions.
The name and purpose of the cause for which the permit is sought and the method in which and the place where the funds or property received as donations or subscriptions are to be used or expended.
The time for which permission is sought and the localities and places of solicitation.
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation.
Such other pertinent information as the Chief of Police may require.
No person shall receive or be issued a permit under this chapter to publicly solicit donations or subscriptions for charitable, benevolent or patriotic purposes unless, from the information submitted to the Chief of Police, he shall be of the opinion that:
The organization, society, association or corporation for which the donations or subscriptions are sought is comprised of and controlled by responsible persons who hold regular meetings and who are directly responsible for the finances and policy thereof.
Accurate records of receipts and disbursements of funds are kept.
Such donations or subscriptions are for truly benevolent, charitable or patriotic purposes, and the funds or property received as donations or subscriptions are to be used or expended for such purposes.
No excessive commissions, fees, wages or emoluments are paid to solicitors.
The permit shall be issued by the Chief of Police without the payment of any fee.
The permit shall be issued for any period not to exceed one year from the date of issuance. The permit shall be subject to revocation by the Chief of Police at any time during such period if facts or circumstances exist which, had they existed or been known to the Chief at the time of issuing such permit, the permit would have been denied under the provisions of this chapter.
Each authorized solicitor shall receive from the Chief of Police a permit signed by the Chief and shall bear such identification of the solicitor to whom the permit is issued as the Chief shall deem necessary or proper. Such person shall carry the permit at all times when soliciting donations or contributions. He shall show such permit upon demand of any peace officer or of any person from whom a donation or subscription is solicited. Failure to show the permit upon demand shall be deemed a violation of this chapter.
Any person who shall solicit under any permit issued to him as a solicitor of any organization, society, association or corporation of which such person is not at the time of such solicitation a duly authorized solicitor, or any person who shall solicit under a permit not issued to him, shall be deemed guilty of violating this chapter.
[Amended 5-9-69 by Ord. No. 3912; 3-17-70 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.