For purposes of this Article, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Includes the words "patriotic," "philanthropic," "social service,"
"welfare," "benevolent," "nonprofit educational," "civic," "nonprofit" and
"fraternal."
Includes the words "alms," "food," "clothing," "money," "subscription,"
"ticket," "chance," "pledge" and "property" or any donation of any of the
foregoing or any of the above under the guise of a loan of money or property.
Any individual, firm, partnership, corporation, company, association,
church, religious sect, religious denomination, society, organization or league,
including any trustees, receiver, assignee, manager, agent or other similar
representative thereof. The word "person" shall also include the singular
and plural.
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 or religious purpose as those purposes
are herein defined. The foregoing terms shall also include the practice of
passing or leaving envelopes or containers in any location within the borough.
No person shall solicit contributions for any charitable or religious
purpose other than from their active membership and other than solicitation
by school children, when approved by their respective school authority, without
the issuance of a registration certificate, which shall be obtained in the
manner set forth in this Article, and all such solicitation shall take place
strictly in accordance with the provisions of this Article.
A.
An application for permission to solicit shall be made
in person to the officer in charge at police headquarters upon a form provided
by the borough, which shall read substantially as follows:
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APPLICATION FOR PERMISSION TO SOLICIT CONTRIBUTIONS
(All Questions Must Be Answered)
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Full name:
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Address:
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Age: ____________ Height: ___________ Weight: ____________ Hair:____________
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Eyes: _____________ Sex: __________ Place of Birth: ________________________
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Date of birth: __________ How many years you have lived at the above
address:
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Previous address:
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Years there: _______ Have you ever been arrested for commission of a
crime? If so, state the facts of the same:
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Name of person or organization represented (If the applicant is not
an individual, the names and addresses of applicant's principal officers
and managers):
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Purpose of solicitation:
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Name and address of person or persons who will be in direct charge of
conducting the solicitation:
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(Attach list of names and addresses of all sponsors, promoters and solicitors
connected with said solicitation.) Outline the method or methods to be used
in conducting the solicitation:
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The date when such solicitation is proposed to be made giving the commencement
and the termination dates:
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Outline the proposed disbursement of the funds to be collected, including
overhead, administration, publicity, advertising and the allocation of funds
to the cause for which the solicitation is being made:
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CERTIFICATION
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I do solemnly declare and certify under the penalties of the law that
the foregoing answers are true and correct, and I do certify that, if the
registration certificate to solicit is granted, it will not be used or represented
in any way as an endorsement by the Borough of New Providence or by any department
or officer thereof.
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Name of Organization/Applicant
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Dated:
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WITNESS:
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Signature of Managing Officer
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If Individual, Sign Here.
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B.
The applicant shall also furnish such supplemental information
or data as may be reasonably required by the officer in charge at police headquarters
in order for such officer 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. Such application shall be filed at least 30 days prior
to the time when the registration certificate applied for shall become effective;
provided, however, that the Chief of Police may, after investigation, upon
good cause shown, allow the filing of an application within a shorter period
of time.
Within 30 days after an application is filed, the Chief of Police shall
inform the applicant, in writing, whether or not the application has been
granted. Within five days after receiving notification by registered mail
that his application for permission to solicit has been denied, with the reasons
for the denial set forth on such notification, any applicant may file a written
request for a public hearing on the application before the Public Safety Committee,
together with written exceptions to the findings of fact upon which the Chief
of Police based his denial of the application. Upon the filing of such a request,
the Public Safety Committee shall fix a time and place for the hearing and
shall notify the applicant thereof. The hearing shall be held within five
days after the request is filed. Within 10 days after the conclusion of the
hearing, the Public Safety Committee shall render a written decision either
granting or denying the application.
A.
After due investigation, and upon being satisfied that
the applicant is soliciting for a project free from fraud, that all the statements
made in the application are true; that every member, manager, officer, solicitor
or agent of the applicant has a good character and reputation for honesty
and integrity; that the control and supervision of the solicitation will be
under responsible and reliable persons; that the applicant has not engaged
in any fraudulent transaction or enterprise; and that the solicitation is
prompted solely by a desire to finance the charitable or religious cause described
in the application and will not be conducted for private profit, such officer
shall have the power to issue a registration certificate reading substantially
as follows:
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Registered Charitable Agency,
Borough of New Providence, Union County
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Date
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Expires
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Name of agency
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Name of officer issuing certificate
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B.
Such registration certificate shall specify the number
of hours or days it will be valid. Under no condition shall the same be valid
for more than 60 days. Such certificate shall not be transferable. No certificate
shall be issued to any applicant within 45 days of the commencement of a previously
authorized solicitation by any charity, unless specifically authorized by
the Mayor and Borough Council.
Whenever it shall be shown or whenever the Chief of Police has knowledge
that any person to whom a registration certificate has been issued under this
Article has violated any of the provisions of this Article or that any promoter,
agent or solicitor of a certificate holder has misrepresented the purpose
of the solicitation, the Chief of Police shall immediately suspend such registration
certificate and give the holder thereof written notice by registered mail
of a hearing to be held within five days of such suspension to determine whether
or not the certificate should be revoked. This notice must contain a statement
of the facts upon which the Chief of Police has acted in suspending the certificate.
If, after such hearing, the Chief of Police finds that this Article has been
violated or the purpose of the solicitation has been misrepresented, he shall,
within two days after the hearing, revoke the certificate and give the applicant
written notice of the revocation and the reasons therefor. If, after such
hearing, the Chief of Police finds that this Article has not been violated
and the purpose of the solicitation has not been misrepresented, he shall,
within two days after the hearing, give the certificate holder a written statement
canceling the suspension of the certificate. The certificate holder is hereby
granted the right to appeal to the Public Safety Committee from any action
of the Chief of Police which results in revocation, provided that he files
a notice of appeal, in writing containing grounds of appeal, with the Borough
Clerk within 10 days after the receipt of written notice of the revocation.
The Public Safety Committee shall fix a time and place for the hearing and
shall notify the applicant thereof. Such hearing shall be heard within 10
days after the filing of the aforesaid notice of appeal. Within 10 days after
conclusion of the hearing, the Public Safety Committee shall render a written
decision either confirming or reversing the decision of the Chief of Police.
All agencies to whom registration certificates have been issued shall
furnish proper credentials to their solicitors. Such credentials shall be
in the form of cards with minimum dimensions of four inches in length by two
and one-half (2 1/2) inches in width. Such credentials shall state the
name of the agency and the name and address of the solicitor and shall be
submitted to the officer in charge at the Police Department, who will stamp
such credentials if found to be correct, in the same manner as is required
with respect to the registration certificate. A list of solicitors to whom
cards will be issued must be filed with the officer in charge at police headquarters
prior to commencement of the solicitation. No person shall solicit under the
authority of any registration certificate granted without having in his possession
the credentials required by this section. In addition, all solicitors are
hereby required to present such credentials at the time of solicitation to
all persons being solicited and to present such credentials to any police
officer of the borough, when requested. In addition, where solicitation is
carried on by the practice of passing or leaving envelopes or containers in
any location within the borough, such envelopes and containers shall have
affixed thereto a stamp of approval placed thereon by an officer of the police
department, reading as follows:
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Registered Charitable Agency,
Borough of New Providence, Union County
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Date
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Expires
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Name of agency
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Neighborhood captain
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Name of officer affixing stamp of approval:
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No soliciting shall be conducted except between the hours of 9:00 a.m.
and 9:00 p.m. on each weekday and between 1:00 p.m. and 9:00 p.m. on Sundays,
excluding holidays, unless special permission is granted by the Mayor and
Borough Council. No person shall solicit in an unlawful manner nor in such
a manner as to constitute a menace to the health, safety or general welfare
of the public. No person shall accost anyone against his or her will or desire.
No person shall directly or indirectly solicit contributions for any
purpose by misrepresentation of his name, occupation, financial condition,
social condition or residence, and no person shall make or perpetrate any
other misstatement, deception or fraud in connection with any solicitation
of any contribution for any purpose in the borough or in any application or
report filed under this Article.
