[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. II, Soliciting,
adopted 11-27-1973 by Ord. No. 1378 as Ch. 126 of the 1973 Code; amended
in its entirety 1-23-1979 by Ord. No. 1805.
Whenever used in this article, unless a different meaning clearly
appears from the context, the following terms shall have the meanings
indicated:
Includes the words patriotic, philanthropic, social service,
welfare, benevolent, educational, civic or fraternal, either actual
or purported.
The Chief of Police of the Township of Toms River, or a representative
authorized by the Chief of Police to perform the acts of the Chief
of Police in accordance with this article.
Includes the words alms, food, clothing, money, subscription,
property or donation, under the guise of a loan of money or property.
Any individual, firm, copartnership, corporation, company,
association, or joint-stock association, church, religious sect, religious
denomination, society, organization or league and includes any trustee,
receiver, assignee, agent or other similar representative thereof.
As used herein, shall not mean and include the word "charitable"
as herein defined but shall be given their commonly accepted definitions.
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 defined in this article.
The following acts are prohibited:
A.
No person shall solicit contributions for any purpose authorized
herein within the Township of Toms River without a permit.
B.
No solicitation shall be made by any person not a resident of the
Township of Toms River or on behalf of any organization not having
its principal headquarters in the Township of Toms River; provided,
however, that nonresidents may solicit for organizations whose principal
headquarters are located in the Township of Toms River, provided further
that in the case of nonresidents soliciting for organizations whose
principal headquarters are not located in the Township of Toms River,
such organizations shall make or cause to be made no solicitation
unless they shall certify that they have within the State of New Jersey
an agent upon whom service of process can be made on the organization's
behalf for the entire period to be covered by any solicitation permit
and for a period of 180 days thereafter.
An application for a permit to solicit as provided by § 391-17 of this article shall be made to the Toms River Township Clerk upon forms provided by the Township of Toms River. Such application shall be sworn to and filed with the Township Clerk at least 10 days prior to the time at which the permit applied for shall become effective; provided, however, that the Township Clerk may, for good cause shown, allow the filing of an application less than 10 days prior to the effective date of the permit applied for. The application herein required shall contain the following information:
A.
The name, address or headquarters of the person applying for the
permit.
B.
If the applicant is not an individual, the names and addresses of
the applicant's principal officers, operating managers and all members
of the applicant's Board of Directors.
C.
The purpose for which such solicitation is to be made.
D.
The name and address of the person or persons who will be in direct
charge of conducting the solicitation and the names of all promoters
connected or to be connected with the proposed solicitation.
E.
An outline of the method or methods to be used in conducting the
solicitations.
F.
The time when such solicitations shall be made, giving the preferred
dates for the beginning and ending of said solicitations.
G.
A statement to the effect that if a permit is granted, it will not
be used or represented in any way as an endorsement by the Township
of Toms River or by any department or officer thereof.
H.
If the applicant is a nonprofit corporation of the State of New Jersey,
a certified copy of its certificate of incorporation, together with
any amendments or supplements thereto.
I.
Such other information as may be reasonably required by said Township
Clerk in order for him or her 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.
The Township Clerk shall examine all applications filed under § 391-18 of this article and shall cause to be made such investigation of the application and the applicant as said Township Clerk shall deem necessary in order for him or her to perform his or her duties under this article. Upon request by the Township Clerk, the applicant shall make available for inspection by said Township Clerk all of the applicant's books, records and papers at any reasonable time before the application is granted. The Township Clerk shall notify the applicant of issuance or denial of the permit no later than 10 working days after the submission of the application. If said permit cannot be issued or denied within 10 working days, the Township Clerk shall so notify the applicant, in writing, and the application shall be deemed denied, subject to approval upon completion of the investigation, and said denial shall be appealable pursuant to § 391-23 of this article.
The Township Clerk shall issue the permit provided for in § 391-17 hereof whenever he or she shall find the following facts to exist:
A.
That all the statements made in the application are true.
B.
That the applicant is of good character and has a reputation for
honesty and integrity or, if the applicant is not an individual person,
that every member, managing officer or agent of the applicant is of
good character or has a reputation for honesty and integrity.
C.
That the control and supervision of the solicitation will be under
responsible and reliable persons.
D.
That the applicant has not engaged in any fraudulent transaction
or enterprise.
E.
That the solicitation will not be a fraud on the public.
F.
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 primarily for private profit.
Permits issued under this article shall bear the name and address
of the persons by whom the solicitation is to be made, the number
of the permit, the date issued, the dates within which the permit
holder may solicit, a statement that the permit does not constitute
an endorsement by the Township of Toms River or by any of its departments,
officers or employees of the purpose or of the persons conducting
the solicitation and a certification that the applicant has received
a copy of this article. All permits must be signed by the Township
Clerk. No permit may grant the right to solicit longer than 30 days
from its date.
All persons to whom permits have been issued under this article
shall furnish proper credentials to their agents and solicitors for
such solicitation. Such credentials shall include the name of the
permit holder, the date, a statement describing said holder's charitable
or religious activity, a description of the purpose of the solicitation,
the signature of the permit holder or of the holder's chief executive
officer and the name, address, age, sex and signature of the solicitor
to whom such credentials are issued and the specific period of time
during which said solicitor is authorized to solicit on behalf of
the permit holder. A copy of such credentials must be filed with said
Township Clerk at the time the application for a permit is filed and
must be approved by him as conforming to such requirements of this
section before such permit is issued. No person shall solicit under
any permit granted under this article without the credentials required
by this section and a facsimile copy of said permit in his or her
possession. Said credentials and said facsimile copy of the permit
must be shown, upon request, to all persons solicited and to any police
officer of the Township of Toms River.
Within five days after receiving notifications by registered
mail that his or her application for a permit to solicit under this
article has been denied, with the reasons for the denial set forth
on said notification, any applicant may file a written request for
a public hearing on the application before said Township Clerk, together
with written exceptions to the findings of fact upon which the Township
Clerk based his or her denial of the application. Upon the filing
of such a request, the Township Clerk 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 Township Clerk shall render
a written report either granting or denying the application for a
permit. In this report, the Township Council shall state the facts
upon which its decision is based. The applicant may appeal a denial
by the Township Clerk of the permit to the Township Council. A notice
of appeal shall be filed with the Township Clerk not more than 10
working days after notification of denial has been mailed. The Township
Council shall conduct a hearing on said appeal no later than 15 days
after the notice has been filed and shall render written findings
of fact and conclusions no later than 15 days after the completion
of said hearing. Said appeal shall be de novo, and the applicant shall
bear the burden of proof at such appeal hearing.
Whenever the Chief of Police shall have probable cause to believe that any person to whom a permit has been issued under this article has violated any of the provisions of this article or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Chief of Police shall immediately suspend the permit and give the permit holder written notice by registered mail of a hearing to be held within two days of such suspension to determine whether or not the permit should be revoked. This notice must 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 chapter has not been violated and the purpose of the solicitation has not been misrepresented, he or she shall, within two days after the hearing, revoke the permit and give the applicant written notice of the revocation and the reasons therefor. Such revocation shall be appealable to the Township Council in the manner set forth in § 391-23 of this article, except that the Chief of Police shall bear the burden of proof. Any conviction of the permit holder, its employees, agents or representatives of a violation of any provision of this article shall be prima facie grounds for revocation.
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 Township
of Toms River or in any application or report filed under this article.
Any person violating any of the provisions of this article,
or filing or causing to be filed an application for a permit under
this article containing false or fraudulent misstatement, shall be
subject to a fine of not more than $100 or be imprisoned in the county
jail for a term not exceeding 30 days, or may be punished by both
fine and imprisonment.
