[Adopted 6-16-1975 by Ord. No. 14-1975; amended in its entirety 9-20-1982 by Ord. No.
3-1982]
As used in this article, the following terms
shall have the meanings indicated:
CHARITABLE
Includes the words "patriotic," "philanthropic," "social
service," "welfare," "benevolent," "educational," "civic" and "fraternal,"
either actual or purported.
CHIEF OF POLICE
Includes the Chief of Police or the commanding officer in
charge of the Tuckerton Police Department in the absence of the Chief
of Police.
CONTRIBUTIONS
Includes the words "alms," "food," "clothing," "money," "subscriptions,"
"property" and "donation" under the guise of a loan or money or property.
ITINERANT SALESMAN AND VENDOR
Any person, firm or corporation, whether as owner, agent,
consignee or employee, who engages in the business of selling and
delivering goods, wares and merchandise within the municipality and
who, in furtherance of such purpose, temporarily hires, leases, uses
or occupies any building, structure, motor vehicle, tent or any street,
alley or other place within the municipality for the exhibition, offer
for sale or sale of such goods, wares and merchandise of any description
whatsoever. For the purpose of this article, the term "itinerant salesman
and vendor" shall include transient merchants, hawkers, peddlers and
salesmen and their agents, servants, employees or representatives,
who do not have or own any retail shop or permanent place for said
business within the municipality, provided that such definition shall
not be construed so as to include residential garage or yard sales.
[Amended 6-2-1986 by Ord. No. 17-1986]
PERSON
Any individual, firm, association, corporation, partnership,
society or organization, or any agent, employee or representative
thereof.
RELIGIOUS and RELIGION
Does not include the word "charitable" as herein defined,
but shall be given their commonly accepted definitions.
SOLICIT and SOLICITATION
The request, directly or indirectly, for money, credit, property,
financial assistance or other thing of value on the representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable or religious purpose.
It shall be unlawful for any person, as an itinerant
salesman or vendor, to sell, offer for sale or cause to be sold or
offered for sale within the corporate limits of the Borough of Tuckerton
any goods, wares or merchandise of any kind whatsoever or to solicit
funds, subscriptions or contributions, except as herein particularly
allowed, without first having applied for and obtained a permit for
such purpose.
This article is intended to particularly exclude
wholesalers, holders of special privileges and all the persons exempted
by operation of law.
An application for a permit shall be granted
or denied within five days from the date that said application is
submitted to the Chief of Police, and in the event of denial, the
Borough Clerk shall notify the applicant by certified mail, setting
forth the reasons for denial. Within five days thereafter the applicant
may file with the Borough Council a written request for a hearing
on said application, together with written exceptions to the findings
of fact upon which the Chief of Police based his denial of the application.
On the filing of such a request, the Borough Council shall fix a time
and place for a hearing and shall notify the applicant thereof, which
hearing shall be held within 10 days after the request is filed. Within
10 days after the conclusion of the hearing, the Borough Council shall
make its decision whether to issue or sustain the denial of said permit.
Any permit which may have been issued may be
revoked and canceled by the Chief of Police on a showing that any
of the provisions of this article have been violated or for other
good cause. Upon learning of the alleged violation of any provisions
of this article, or for other good cause, the Chief of Police shall
immediately suspend the permit and give the holder thereof written
notice by certified mail of a hearing to be held by him within five
days of such suspension to determine whether or not the permit should
be revoked and canceled. The notice shall contain a statement of the
facts upon which the Chief of Police has acted in suspending the permit.
If, after such hearing, the Chief of Police finds that the article
has been violated or other good cause exists, he shall, within five
days after the hearing, revoke the permit and give the holder thereof
written notice of said revocation and the reasons therefor; or in
the absence of such finding, the holder shall be notified within five
days in writing of the termination of the suspension of the permit.
In addition, any permit which may have been issued may be revoked
and canceled for a violation of said article or on good cause shown
on a majority vote of the Borough Council at any regular or special
meeting thereof after five days' written notice to the permit holder
and upon affording said holder an opportunity to be heard with respect
to the reasons for such revocation and cancellation.
Any person violating or failing to comply with
any of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not more than $500 or by imprisonment for
a term not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the Judge. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
[Adopted 8-3-2015 by Ord.
No. 12-2015]
The Borough of Tuckerton shall permit the Borough Volunteer
Fire Department to solicit contributions in roadways situate in the
Borough of Tuckerton.
If the Tuckerton Volunteer Fire Department desires to solicit
contributions in roadways situate in the Borough of Tuckerton, it
shall file an application for a permit with the Tuckerton Borough
Clerk on a form supplied by the Borough Clerk specifying the following
information:
A. Name of applicant organization;
B. Address of applicant organization;
C. Telephone number of applicant organization;
D. Contact person of applicant organization;
E. Specific location or location of proposed charitable solicitation;
F. Dates and times of proposed charitable solicitation;
G. If said request pertains to a location or locations on any county
highway, or intersection of a county highway, said application shall
include a copy of an authorization from the Ocean County Board of
Chosen Freeholders to permit said charitable solicitation;
H. If said request pertains to a location or locations on any state
highway, or intersection of a state highway, said application shall
include a copy of an authorization from the Commissioner of the Department
of Transportation of the State of New Jersey to permit said charitable
solicitation; and
I. Identify the manner in which the motorist solicitation will be conducted
and the procedures to be used to ensure the safety of the members
of the public who will be traveling the roadways situate in the Borough
of Tuckerton.
Upon the filing of a complete application in accordance with
the provisions of this article, the Borough Clerk shall present same
to the Borough Council at the next regular meeting of the Tuckerton
Borough Council or as soon thereafter as the matter may be reached
for its review and consideration, after which the Borough Council
shall grant or deny the applicant's request. In the event the
Borough Council grants the applicant's request, the Borough Clerk
shall issue a permit to the applicant which shall be subject to the
representations contained in the applicant's application and
any conditions imposed by the Borough Council.
In no event shall any permitted entity requesting authorization
from the Borough Council for said charitable solicitation use any
individual under the age of 18 years of age to perform any function
or task associated with said charitable solicitation in any roadway.
The permitted entity shall comply with all of the terms and
conditions of N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82,
approved April 30, 1997.
Any person or organization who shall violate any of the provisions
of this article shall pay, upon conviction, a penalty not to exceed
$100.
Notwithstanding any provision of law to the contrary, the Borough
of Tuckerton shall not be liable in any civil action for damages for
property damage or personal injury resulting from a motor vehicle
accident arising from or out of or in the course of roadway solicitations
for the purpose of soliciting contributions, conducted by charitable
organizations as defined pursuant to N.J.S.A. 45:1:7A-20.