[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:
The act of engaging in noncommercial canvassing or soliciting.
A person who is 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.
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.
Includes the giving of alms, food, clothes, money, subscriptions,
pledges or property of any nature or kind.
Not only an individual, but also any organization, firm,
partnership, corporation, company, association, church, religious
denomination, society, class, league or other entity or group.
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.
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.
All solicitations and canvassing shall take place between the
hours of 10:00 a.m. and 9:00 p.m.
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:
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.
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.
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.
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.
