This chapter is adopted for the purpose of protecting
the safety of the residents of the Borough of Lavallette, to prevent
fraud from being perpetrated upon them and to protect their privacy,
where balancing such interest against the opportunity for commercial,
political, religious, charitable, and nonprofit organizations to exercise
their right to free speech.
As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
A personal entity seeking to obtain a permit for solicitation
from the Borough of Lavallette.
EMPLOYER
Any individual or entity providing compensation, in any form
whatsoever, to an individual engaged in solicitation within the Borough
of Lavallette.
PERMIT
A permit for solicitation issued by the Borough of Lavallette
pursuant to the provisions of this chapter.
SOLICITATION
To go in or upon private property in the Borough of Lavallette
without having been invited to do so by the owner or occupant for
the purpose of either advertising, promoting, or selling any product,
goods, or services; or conducting market research or a market or opinion
survey regarding commercial products or services.
A. 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 sales
of goods or services wherein the solicitor promises to donate or deliver
to a charitable or another nonprofit institution on behalf of the
purchaser all or some portion of the proceeds of such sale.
B. Solicitation shall not include the entry upon private
property without prior invitation by the owner or occupant by any
person who is representing an entity which 1) qualifies for tax-exempt
status under the Internal Revenue Code 70; 2) qualifies 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.
No person or entity shall engage in solicitation
within the Borough of Lavallette without first having obtained a permit
pursuant to provisions of this chapter. Failure to obtain a permit
prior to solicitation shall constitute a violation of this chapter.
Each day of a solicitation without a valid permit shall constitute
a separate violation of this chapter.
Door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, handbill distribution, or other entry upon private property by individuals representing an entity which 1) qualifies for tax-exempt status under the Internal Revenue Code 70; 2) qualifies 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 chapter. Solicitation of donations by any such organizations shall not constitute solicitation as defined in this chapter. Individuals representing such organizations may request a copy of the Borough's "Do Not Solicit" list, established by §
22A-9 of this chapter, however, no penalty shall be imposed if those individuals enter in or upon a property identified on the "Do Not Solicit" list or a property which has posted a "No Solicitation" decal. While not required to obtain a solicitation permit, individuals representing such organizations are requested to identify themselves, and the exempted organizations they represent, to the Lavallette Police Department prior to engaging in door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, handbill distribution, or other entry upon private property within the Borough of Lavallette.
The Chief of Police or Public Safety Director,
as applicable, or in the absence of same, the officer in charge of
the Police Department, shall issue a permit upon completion of the
solicitation permit application form. A permit shall be issued to
any and all applicants who complete the application form and provide
photo identification. A separate permit shall be issued to each individual
who engages in solicitation within the Borough of Lavallette. The
permit shall be signed by the Chief of Police or Public Safety Director,
as applicable, or in the absence of same, the officer in charge of
the Police Department. 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 of Lavallette shall carry the permit issued to him upon
his person at all times while soliciting within the Borough of Lavallette
and shall produce the permit if requested to do so by the police or
any resident, while the individual engaging in solicitation is on
that resident's property. Failure to carry the permit during solicitation
shall constitute a violation of this chapter.