[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 47 of the 1971 Code]
No person, except as provided herein, shall canvass, solicit, distribute circulars or other matter or call from door to door or place to place in the Borough of Collingswood without first registering with the Chief of Police or, in his absence, the officer in charge of the Police Department.
As used in this article, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- Includes itinerant vendors of merchandise who shall go from door to door in this borough, selling, causing to be sold, offering for sale or taking orders for present or future delivery of merchandise of any description whatever. Merchandise, within the terms of this article, shall include magazines, periodicals, books and orders or contracts for a service, home improvement or alterations. For the purpose of this article, a "canvasser" or "solicitor" shall also be deemed to be one who is not in the business of selling goods but one who makes surveys for research purposes, analysis, opinion polls, rating data and any such similar work which, by its nature, involves a door-to-door or place-to-place activity, and shall include persons going from door to door or place to place for the purpose of soliciting contributions, donations or alms for any persons or organization.
The purpose of this article is to prevent fraud, crime and unethical and dishonest business practices for the general protection, health and welfare of the residents of the Borough of Collingswood.
Each registrant shall, at the time of registering, file with the Chief of Police an application, in writing, which shall give the following information:
The name, age and physical description of applicant.
The complete permanent home and local address of applicant.
The name and address of the organization or person for whom solicitation is being made.
A description of the nature of the business and the goods, services or wares to be sold and sufficient information to determine whether or not the business he is to transact is interstate or intrastate commerce.
Two photographs of the applicant, which shall be approximately 1 1/2 inches by 2 1/2 inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner.
Editor's Note: Original § 47-4F, regarding days, dates and routes, which immediately followed this subsection, was repealed 2-18-1975 by Ord. No. 698.
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense, where and when so convicted, the nature of the offense and the penalty, if any.
The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation within the borough and the number of his driver's license and the state of issuance.
A separate registration must be made for every solicitor, agent or employee soliciting within the Borough limits.
[Amended 2-18-1975 by Ord. No. 698]
Each registrant, upon being so registered, shall be issued forthwith a registration certificate by the Chief of Police, upon which shall be affixed one photograph of the applicant, signed by the Chief of Police so that part of his signature covers part of the photograph.
[Amended 2-18-1975 by Ord. No. 698]
Each registrant shall carry the original certificate at all times when in the borough and shall exhibit it to any citizen or police officer upon request.
Editor's Note: Original § 47-8, Disapproval of application; hearing, which immediately followed this section, was repealed 2-18-1975 by Ord. No. 698.
Every person to whom a registration certificate is issued under the terms of this article shall be governed by the following rules and regulations:
All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place on the premises.
No person subject to the provisions of this article shall canvass, solicit or distribute circulars or other matter except during the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturdays.
No person subject to the terms of this article shall enter or attempt to enter the house or apartment of any resident in the Borough of Collingswood without an express invitation from the occupant of the house or apartment.
No person subject to the terms of this article shall conduct himself in such a manner as to become objectionable to or annoy any person while soliciting within the borough limits.
No person subject to this article shall make any solicitation within the borough limits where solicitors are notified by sign that soliciting is prohibited.
Any person, organization or society or association of a charitable, religious, patriotic, philanthropic or community nature, desiring to solicit or have solicited in its name money, property or financial assistance for which no merchandise, wares or services are required shall be exempt from § 123-4 of this article, provided that there is filed with the Chief of Police an application, in writing, giving the following information:
Each solicitor for such organization, society or association shall carry proper identification and shall display the same upon request.
[Amended 8-15-1994 by Ord. No. 1058]
Any person violating the terms of this article, whether as an individual, principal or agent or employee of another, shall, upon conviction in the Municipal Court of the Borough of Collingswood, be subject to a fine not to exceed $1,000, imprisonment in the county jail not to exceed 90 days or a period of community service not to exceed 90 days, or any combination thereof, in the discretion of the Municipal Court.
[Adopted 6-2-2008 by Ord. No. 1447]
The Borough of Collingswood shall permit organizations, as such are defined in N.J.S.A. 45:17A-20, to solicit contributions in roadways located in the Borough of Collingswood in accordance with the provisions contained herein.
All charitable organizations as defined in N.J.S.A. 45:17A-20 who desire to solicit contributions in roadways located in the Borough of Collingswood shall file an application for a permit with the Police Department on a form prepared by the Borough, which shall include the following information:
Name, address, telephone number and name of contact person.
Specific location or locations of proposed charitable solicitation.
Dates and times of proposed charitable solicitation.
A description of the manner in which the motorist solicitation will be conducted.
Consent by an authorized representative of the charitable organization that it shall comply with any conditions imposed by the Borough of Collingswood during the time that the solicitation is conducted.
Upon filing of a complete application in accordance with the provisions of this Ordinance, following review by the Borough Chief of Police, his designee and/or the Borough Administrator, the Police Chief shall be authorized to grant or deny the applicant's request. In the event the applicant's request is granted, a permit shall be issued to the applicant which shall be subject to the representations contained in the applicant's application and any conditions imposed by the Police Chief and/or Borough Administrator.
The Police Chief, following consultation with the Borough Administrator and the Borough's insurer, shall be authorized to impose conditions for the motorist solicitation.
Any organization requesting authorization from the Borough of Collingswood for solicitation shall comply with all of the terms and conditions of N.J.S.A. 39:4-60, by P.L. 1997, Chapter 82, approved April 30, 1997, and any procedures required by the Borough of Collingswood.
Organizations must adhere to the following conditions:
All participants must wear orange or yellow safety vests while soliciting in the roadway.
Participants in the roadways must be at least 16 years of age and be accompanied by an adult.
Adequate adult supervision is required.
Organizations or groups must be based in the Borough and the solicitation must benefit or promote a Collingswood activity.
Solicitations can only be conducted between the hours of 8: a.m. and 3:00 p.m.
Solicitation activities shall not impede vehicular or pedestrian traffic.