[Adopted 12-15-2008 by Ord. No.
1633]
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.
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.
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.
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.