For the purposes of this article only, the following words are
hereby defined:
Face-to-face contact with any person for the purpose of conducting
surveys, asking for votes, surveying to determine probable vote outcomes
or public sentiment on any matter, or obtaining signatures for a petition
or similar document, and not in conjunction with the soliciting of
persons for the purpose of obtaining funds, money or anything of value.
Any charitable organizations qualifying under N.J.S.A. 45:17A-20
and/or nonprofit or not-for-profit organizations or organizations
formed and existing for charitable, eleemosynary, philanthropic, political
or publicly beneficial purposes.
Face-to-face contact with a person anywhere in the Borough,
including at a person's home, for the purpose of requesting or
obtaining the contemporaneous donation of funds, money or anything
of value.
A.
Soliciting. No person shall solicit on behalf of a charitable organization
or for a charitable purpose without registering with the Borough as
set forth herein. This section and the requirements herein do not
relieve persons or organizations from the licensing requirements of
the Borough of Milford revised general ordinances, if applicable,
for other activities not defined or addressed herein.
B.
Canvassing. Persons or organizations are permitted to canvass without
registering with the Borough. The requirements herein do not relieve
persons or organizations from the licensing requirements of the Borough
of Milford for other activities not defined or addressed herein.
C.
Registration. Any person or organization wishing to solicit must
register with the Borough at least 48 hours prior to the commencement
of soliciting, as follows:
(1)
The person or organization must submit a letter to the Borough Clerk,
upon the organization's letterhead if applicable, containing
at least the following information:
(a)
The specific date(s) and times of day the participants will
be in Milford;
(b)
The specific location(s) where the solicitation will occur;
(c)
The name, address, and a legible photocopy of a form of identification
for each participant; and
(d)
The name, mailing address and telephone number of a person to
contact should any questions arise before the person or organization
comes to the Borough and the same information for a person to act
as a contact while the person or organization is present in Milford.
(2)
Upon receipt of this information, the Borough Clerk shall promptly
provide copies of the same to the State Police for background checks
and the Code Enforcement Officer.
(3)
The Borough will only contact the person or organization if the Borough
Council determines that certain persons or the organization will not
be permitted to solicit in the Borough. Appeals from the Borough's
decision in this regard may be taken to any court of competent jurisdiction.
The basis for the Borough's determination that certain persons,
or the organization, will not be permitted to solicit in the Borough
is:
(a)
Any pending criminal or quasi-criminal claims of fraud, financial
wrongdoing, acts of violence, robbery, or burglary or other claims
involving the person's or the organization's moral turpitude;
or
(b)
A conviction or finding within in the past three years against
the person, or the organization, in any criminal, quasi-criminal or
civil matter involving fraud, financial wrongdoing, acts of violence,
robbery, or burglary or other claims involving the person's or
organization's moral turpitude.
D.
Regulations. Once a person or organization has registered with the
Borough of Milford, the following regulations apply to his or its
solicitation activities:
(1)
No solicitation is allowed after 8:00 p.m. or before dawn. The Borough
requests, but does not require, that solicitation occur during daylight
hours.
(2)
Persons, organizations and their participants must abide by all other
rules, regulations, ordinances and laws.
(3)
Failure to abide by these prerequisites, regulations and conditions
may result in legal action and/or criminal process, and the person
and/or organization may be ordered to cease all further solicitation
until the applicable prerequisites, regulations and conditions have
been complied with.
