[Adopted 3-21-2013 by Ord. No. O-13-8[1]]
[1]
Editor's Note: This ordinance was adopted as Ch. 287 but was renumbered to maintain the organizational structure of the Code.
As used in this article, the following terms shall have the meanings indicated:
ACTIVITY
The act of engaging in noncommercial canvassing or soliciting.
CANVASSER
A person who is canvassing.
CANVASSING
The activity of traveling, either by foot or automobile or any other type of conveyance, from place to place, from house to house or from street to street to seek votes, support (not necessarily monetary) for any noncommercial cause or organization, to determine feelings or opinions, to conduct a survey, to discuss or debate a topic, or to explain a position.
CHARITABLE AND PHILANTHROPIC
Those persons and/or organizations with a valid and unexpired registration and/or a written exemption from the Attorney General of the State of New Jersey issued pursuant to N.J.S.A. 45:17-1 et seq.
CONTRIBUTION
Includes the giving of alms, food, clothes, money, subscriptions, pledges or property of any nature or kind.
PERSON
Not only an individual, but also any organization, firm, partnership, corporation, company, association, church, religious denomination, society, class, league or other entity or group.
SOLICIT and SOLICITATION
The traveling, either by foot or automobile or any other type of conveyance, from place to place, from house to house or from street to street to request, directly or indirectly, money, credit, property, financial assistance, and other things of value in the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or philanthropic purpose as defined in this article or for a political or other noncommercial purpose. "Solicitation" shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
SOLICITOR
A person who solicits.
Any person may solicit political, charitable and philanthropic contributions or engage in noncommercial soliciting or canvassing, including doing so on behalf of a political, philanthropic or charitable organization within the Township, without first obtaining any license or prior approval authorizing such activity, provided the person conducts such solicitation and/or canvassing in compliance with this article, § 288-15 et seq.
A. 
Before any person shall engage in any noncommercial canvassing or soliciting, including canvassing or soliciting on behalf of a political, philanthropic or charitable organization, he/she/it shall provide the following information to the Township Police Department and to the Township Clerk, at least three days in advance of the commencement of such canvassing or soliciting:
(1) 
Name, address and date of birth of each canvasser or solicitor.
(2) 
Name and address of the affiliated organization, entity or group sponsoring or conducting the soliciting or canvassing, if any.
(3) 
If a vehicle is to be used in any portion of the activity, a description of the vehicle(s), including color, make, model, year, license plate number, including state of registration, as well as name and address of registered owner.
(4) 
If the solicitor or canvasser is employed by another, the name and address of the employer.
(5) 
The days of the week and hours of the day over the next 30 days during which the activity will be conducted.
(6) 
A description of the section of the Township in which the activity will be carried out on each such day. Use of street boundaries of the area is the desirable manner in which to describe the section of the Township.
(7) 
A statement as to whether each canvasser or solicitor has ever been convicted of any crime or the violation of any municipal ordinance, other than traffic offense, and, if so, the date and place of conviction and the nature of the offense. The submission of false information hereunder shall be a violation for the person submitting such false information.
(8) 
The general nature of the solicitation and canvassing.
(9) 
The name, address and cellular telephone number of the person who will be in direct charge of supervising the solicitation or canvassing.
(10) 
A brief outline of the method to be used in conducting the solicitation or canvassing.
B. 
The notification provided to the Township pursuant to this section shall be effective for a thirty-day period. Renotification shall be given every 30 days if the activity extends beyond 30 days.
It shall be the duty of the Township Clerk to keep a calendar of solicitations and canvassing for which advance notice has been given to the Township. Such calendar shall be posted on the official Township website to allow access to and for the information of Township residents.
Any person receiving money or any other thing for a value of $1 or more from any contributor under a solicitation made pursuant to this article shall give to the contributor a written receipt signed by the solicitor showing the date and the amount received, provided that this section shall not apply to any contribution collected by means of a closed box or receptacle used in solicitation where the use thereof has been approved by the Township Committee, where it is impractical to determine the amount of each contribution. Copies of such receipts shall be kept available for inspection upon request of a police officer.
A. 
Every solicitor or canvasser shall attach and display, on the front outer layer of his/her clothing, a badge not smaller than two inches by 3 1/2 inches with letters and figures at least 1/4 inch high on contrasting background and displayed so that the information thereon is easily discernible from a distance of seven feet. The following information shall be printed on the badge:
(1) 
Name of the solicitor.
(2) 
Picture of the solicitor.
(3) 
If the solicitation or canvassing is conducted on behalf of an organization, entity or group, the name of such organization, entity or group shall be printed on the badge.
B. 
The badge requirement may be satisfied by utilizing a photo identification card issued by any governmental agency, school or employer.
Every solicitor or canvasser under this article shall conduct himself/herself according to and shall observe the following code of conduct:
A. 
He/she shall not enter or remain upon any resident's property that is on the "Do Not Solicit" List (See Article III of this chapter.) or upon which it is posted that solicitors are not permitted, or notice of similar content.
B. 
He/she shall display his/her badge in a visible manner as described in § 288-21.
C. 
He/she shall not enter or attempt to enter any dwelling unit without express invitation from the occupant therein.
D. 
He/she shall immediately leave the resident's property upon request by the resident to do so.
E. 
He/she shall not leave, on or about the resident's property, any circular, samples or other matters or material unless same is handed to an occupant of the property or is securely attached at an entrance door.
F. 
He/she shall not indicate that the Township endorses or sponsors any of the views expressed or the organization for which support of contributions are sought.
G. 
He/she shall not make false claims, representations or materially incorrect statements concerning the solicitation, organizations represented or the use to be made of the amount solicited.
H. 
He/she shall not engage in any course of alarming conduct or conduct himself/herself so as to reasonably alarm or annoy the occupant of the dwelling.
I. 
He/she shall not engage in any conduct which is prohibited by any statute, regulation or ordinance in effect in the Township.
J. 
He/she shall present written receipts as required by § 288-19 hereof.
K. 
He/she shall have a complete copy of this article in his/her possession at all times.
L. 
He/she shall wear a reflective vest and carry a functioning flashlight at dusk or later.
M. 
If he/she is 15 years of age or younger, adult supervision shall be immediately available within reasonable sight distance.
N. 
He/she shall have in his/her possession at all times a copy of the "Do Not Solicit" List (See Article III of this chapter.) that is no more than two weeks old. A current copy of the updated "Do Not Solicit" List is accessible on the Township's official website.
No solicitor or canvasser shall have an exclusive right to any location; enter a roadway for the purpose of approaching occupants of motor vehicles using the roadway or approach such occupants; or operate or conduct any of his/her activity from a fixed location in any congested area where his/her activity might unreasonably impede or inconvenience the public or impose a threat to public safety. For purposes of this section, the judgment of a Police Officer, exercised in good faith, shall be used to determine whether the area is congested, the public unreasonably impeded or inconvenienced or that the activity poses a threat to public safety. As used herein, a solicitor or canvasser shall be deemed to be operating from a fixed location if he/she has been in the same location, or within 200 feet in any direction of the location, for more than 15 consecutive minutes.
Soliciting or canvassing by visiting a property where the owner or resident of such property has directly or implicitly indicated to the solicitor or canvasser, through prior interaction, that his/her visit would be welcomed is exempt from the provisions of this article. The burden of persuasion shall be on the person claiming this exemption.
Any person found guilty of violating any provision of this article shall, upon conviction, be subject to a penalty not to exceed a fine of $150 for a first offense. A second conviction under this article, within a two-year period, shall result in a penalty not to exceed a fine of $500, five days in jail and/or 10 days of community service. A third or subsequent conviction under this article, within a two-year period, shall result in a penalty not to exceed a fine of $2,000, 90 days in jail and/or 90 days of community service.