[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Editor's Note: This ordinance also repealed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:
B.
APPLICANT
BOROUGH
EMPLOYER
PERMIT
SOLICITATION
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.
A person or entity seeking to obtain a permit for solicitation
from the Borough of River Edge.
The Borough of River Edge, Bergen County, New Jersey.
Any individual or entity providing compensation, in any form
whatsoever, to an individual engaged in solicitation within the Borough
of River Edge.
A permit for solicitation issued by the Borough of River
Edge pursuant to the provisions of this article.
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.
