[Adopted 11-26-2007 by Ord. No. 2007-27]
As used in this article, the following terms shall have the meanings indicated:
SOLICIT and CANVASS
The act of traveling from house to house, business to business and/or street to street for one or more of the following purposes: selling, taking orders for, contracting or negotiating for goods, wares, merchandise and/or services; taking a poll or survey; seeking monetary donations or contributions; distributing literature or gifts; and/or delivering messages, proselytizing or recruiting.
SOLICITOR or CANVASSER
Any person and/or entity engaging in the act of "soliciting" or "canvassing."
It shall be unlawful to solicit or canvass in the Town of Newton without first obtaining a license from the Town of Newton. In order to apply for said license, an application must be submitted containing the information required below. No license shall be valid for more than 90 consecutive days. The fee for said license shall be as set forth in § 100-2B.
Upon issuance of a license and payment of the required fee, the Clerk shall issue to each licensed solicitor or canvasser, together with the license: a badge issued by the Clerk on which shall be written "Licensed Solicitor," the name of the solicitor or canvasser, the license number, the period for which the license is valid, the name of the entity, business or cause for which the individual is soliciting or canvassing. It shall be unlawful for a person to solicit or canvass in the Town of Newton without clearly and conspicuously displaying said badge on the front of the outer garment during soliciting or canvassing.
The Clerk shall provide each person or entity seeking to solicit or canvass with an application form. The application shall require the following information: name and address of entity; name, address and date and place of birth of each person who will be soliciting or canvassing. For every solicitor or canvasser that seeks to conduct business during soliciting or canvassing or who seeks to sell, take orders for, contract or negotiate for goods, wares, merchandise and/or services, the application shall also require that the solicitor or canvasser provide a New Jersey business registration certificate and New Jersey sales tax certificate. Upon the Clerk's satisfaction with and verification of the information set forth on the application, and upon the payment of the fees set forth below, a license shall be issued.
The regulations set forth in this article shall not apply to:
A. 
Soliciting or canvassing conducted by an established charitable, philanthropic or religious organization among its own members or during the regular assembly or meeting of such organization at such regular assembly place;
B. 
Distribution of campaign literature or handbills on behalf of a candidate for public office;
C. 
Newton Board of Education;
D. 
Newton volunteer firefighters or other municipal affiliations;
E. 
Newton First-Aid Squad; or
F. 
Newton-based service organizations such as Rotary, etc.
This article is designed to allow ample opportunity for solicitors and canvassers to access the homes and businesses and streets of the Town of Newton without regard to the content of such solicitation or canvass. The narrowly tailored restrictions as to time and manner are intended to protect the important government interests of protecting homes and businesses from disturbance at inconvenient hours and to ensure civil behavior by solicitors and canvassers, all in the effort to safeguard privacy and protect public health and welfare. The additional application requirements for solicitors or canvassers doing business are designed to protect the public from illegal sales activity. The exemptions are intended to ensure that this article does not trespass upon religious practices or upon the daily, bureaucratic work of charities and philanthropies or upon the exercise of political speech in campaigning.