Borough of River Edge, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-2008 by Ord. No. 1633[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 314, Peddling and Soliciting, consisting of Arts. I, Canvassers, II, Charitable Solicitations and III, Peddlers and Solicitors, adopted 12-31-1975 as §§ 5-2, 5-3 and 5-4, respectively, of the 1975 Code, as amended.
It is the purpose of this article to protect the safety of residents of the Borough of River Edge, to prevent fraud from being perpetrated upon them and to protect their privacy, while balancing such interests against the opportunity for commercial, political, religious, charitable, and nonprofit organizations to exercise their rights of free speech.
A. 
Word usage. For the purpose of this article, certain words or phrases shall be interpreted in the following manner:
(1) 
Words used in the present tense include the future tense.
(2) 
Words used in the singular include the plural, and, conversely, words in the plural include the singular.
(3) 
The word "shall" is mandatory and not discretionary.
(4) 
The use of the masculine gender shall include the feminine gender.
B. 
Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
APPLICANT
A person or entity seeking to obtain a permit for solicitation from the Borough of River Edge.
BOROUGH
The Borough of River Edge, Bergen County, New Jersey.
EMPLOYER
Any individual or entity providing compensation, in any form whatsoever, to an individual engaged in solicitation within the Borough of River Edge.
PERMIT
A permit for solicitation issued by the Borough of River Edge pursuant to the provisions of this article.
SOLICITATION
To go in or upon private property in the Borough of River Edge without having been invited to do so by the owner or occupant, for the purpose of advertising, promoting, or selling any product, goods, or service; or conducting market research or a market or opinion survey regarding commercial products or services. By way of illustration and not of limitation, solicitors shall include peddlers, hawkers, itinerant merchants and transient vendors of goods or services. Solicitation shall also include the placement upon private property of handbills or other written material advertising goods or services for sale. Solicitation shall also include the sale of goods or services which the solicitor promises to donate or deliver to a charitable or other nonprofit institution on behalf of the purchaser. Solicitation shall not include the entry upon private property without prior invitation of the owner or occupant by any person representing an entity which qualifies for tax exempt status under the Internal Revenue Code; qualifies for exemption from property tax under N.J.S.A. 54:4-3.6; qualified for exemption from sales tax under N.J.S.A. 54:32B-9; or was created under or is otherwise subject to the provisions of Title 15A of the New Jersey Statutes.
No person or entity shall engage in solicitation within the Borough without first having obtained a permit pursuant to the provisions of this article. Failure to obtain a permit prior to solicitation shall constitute a violation of this article. Each day of solicitation without a valid permit shall constitute a separate violation of the article.
[Amended 6-21-2010 by Ord. No. 1710]
Door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, handbill distribution, or other entry upon private property by individuals representing any entity which 1) qualifies for tax-exempt status under the Internal Revenue Code; 2) qualified for exemption from property tax under N.J.S.A. 54:4-3.6; 3) qualifies for exemption from sales tax under N.J.S.A. 54:32B-9; or, 4) was created under or is otherwise subject to the provisions of Title 15A of the New Jersey Statutes shall be exempt from the provisions of this article. Solicitation of donations by any such organizations shall not constitute solicitation as defined in this article. Individuals representing such organizations may request a copy of the Borough's "Do Not Solicit" list for their information, but no penalties shall be imposed if they enter in or upon a property identified on the "Do Not Solicit" list. Individuals representing such organizations may solicit between the hours of 9:00 a.m. and 9:00 p.m. Solicitors are encouraged to wear reflective clothing and/or carry flashlights if soliciting after dark.
A. 
Any person seeking to engage in solicitation within the Borough shall apply to the Borough Clerk for a solicitation permit.
B. 
An applicant for a solicitation permit shall be required to provide the following information in writing:
(1) 
The name of each individual who will engage in solicitation within the Borough;
(2) 
The present address of each individual who will engage in solicitation within the Borough;
(3) 
As to each such individual, whether the individual has ever been convicted of a crime, and, if so, the nature of the conviction, where convicted, the date of conviction, and the penalty imposed;
(4) 
The employer or organization for which solicitation will be made;
(5) 
The address of the employer or organization;
(6) 
The telephone number of the employer or organization;
(7) 
The name of the contact person at the offices of the employer or organization;
(8) 
The type of goods or services to be sold, or the type of survey or research to be conducted;
(9) 
As to any vehicle to be used by the applicant, the make, model, year, color and license plate information of the vehicle; and
(10) 
The expected dates of solicitation within the Borough.
C. 
An applicant for a solicitation permit shall also be required to produce photo identification, which the Police Department will photocopy and attach to the application form.
D. 
The application form shall be signed by the applicant under penalty of perjury.
E. 
Application forms, including photographic identification, shall be retained by the Police Department.
F. 
There shall be a fee of $20 for a solicitation permit.
G. 
Misrepresentation, false statements, or failure to disclose information on the solicitation permit application form shall constitute a violation of this article.
The Chief of Police or his designee, shall issue a permit and identification badge upon completion of the solicitation permit application form. The permit and badge shall be issued to any and all applicants who complete the application form and provide photo identification. A separate permit and badge shall be issued to each individual who engages in solicitation within the Borough. The permit shall be signed by the Chief of Police or his designee. The permit shall state the name of the individual, the business or organization for which solicitation is made, and the date the permit was issued.
Each individual engaging in solicitation within the Borough shall carry the permit issued to him upon his person and display his badge at all times while soliciting within the Borough, and shall produce the permit and badge if requested to do so by the police or any resident. Failure to carry the permit and/or display the badge during solicitation shall constitute a violation of this article.
A. 
A solicitation permit shall be effective for 30 days after the date it is issued. Solicitation without a valid permit in effect shall constitute a violation of this article.
B. 
Solicitation shall take place within the Borough only between the hours of 9:00 a.m. and 6:00 p.m. Solicitors are encouraged to wear reflective clothing and/or to carry flashlights if soliciting after dark.
[Amended 6-21-2010 by Ord. No. 1710]
A. 
Notwithstanding the provisions of any other section of this article, any person or entity owning property within the Borough may register such property on a "Do Not Solicit" list.
B. 
Registration for the "Do Not Solicit" list shall be made as follows:
(1) 
The "Do Not Solicit" list shall be maintained by the Police Department.
(2) 
It shall consist solely of property addresses and shall include no further identifying information concerning the ownership of each property.
(3) 
The Tax Assessor shall notify the Police Department of any change in ownership of property within the Borough. The Police Department shall remove from the "Do Not Solicit" list any property which has changed ownership.
C. 
The Chief of Police or his designee shall provide a copy of the "Do Not Solicit" list to each and every applicant to whom a permit is issued pursuant to this article. Upon request, the Chief of Police or his alternate shall also make available a copy of the "Do Not Solicit" list to any individual or entity otherwise exempt from the provisions of this article which intends to engage in door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, or handbill distribution.
D. 
Solicitation at any address identified on the "Do Not Solicit" list shall constitute a violation of this article. Each and every solicitation at an address identified on the "Do Not Solicit" list shall constitute a separate violation of the article.
For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,250 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.