[Adopted 4-9-2015[1]]
As used in this article, the following terms shall have the
meanings indicated:
Any person engaged in or undertaking any act of solicitation.
Any act of going from house to house, person to person, place
to place, or otherwise moving or travelling about this Borough for
any of the following purposes: to sell or procure orders, pledges,
subscriptions, commitments or promises of any nature whatsoever for
property, real or personal, or services of any kind, regardless of
the description or nature, whether for profit or nonprofit; to collect
money or procure pledges or promises, regardless of the reason or
purpose for which such money shall be intended or applied; to collect
material, goods or property of any kind or to procure pledges or promises,
regardless of the purpose; to otherwise entreat, importune or approach
other persons in this Borough with requests or pleas of any nature.
No person shall solicit or act as a solicitor from door to door
within this Borough without first registering with the Chief of Police
of the Borough of Allendale and paying any license fee, as provided
in this article. The Chief of Police or his/her designee may elect
to waive the requirements set forth in this article for groups soliciting
for Borough-sponsored events or for special causes.
Each such registrant shall, at the time of registering, give
to the Chief of Police, in writing, his name, address and such other
personal data as is required to identify him, descriptions of the
vehicle to be used at the time of solicitation, together with two
recent photographs of his face, approximately 2 1/2 inches by
2 1/2 inches in size, together with the purpose of his proposed
canvassing or solicitation, the route, date and approximate hours
of his itinerary in this Borough (which shall be between the hours
of 9:00 a.m. and 5:00 p.m., Monday through Saturday), and any prior
convictions of a crime, felony, misdemeanor or disorderly persons'
offense ever entered against such registrant. Registrant fingerprints
are required and shall be conducted at a New Jersey State Police designated
facility. At the time of registration submission, the registrant shall
be provided with an appropriate form with instructions on scheduling
a fingerprint appointment and associated fees. If the registrant has
fulfilled the above fingerprinting requirement within six months prior
to making application with the Borough of Allendale, the Borough may
use discretion in requiring the registrant to be re-fingerprinted.
It is the registrant's responsibility to provide documentation of
acceptable fingerprint processing and subsequent response.
A.
The Chief of Police shall cause such investigation to be made of
each registrant's business and moral character as is deemed necessary
for the protection of the public welfare. The Chief of Police shall
be governed by, but not necessarily be limited to, the following criteria:
(1)
Misrepresentation or false statement contained in the application;
(2)
Conviction of any crime or misdemeanor/disorderly persons' offense
involving moral turpitude;
(3)
A judgment of liability in a civil action involving any solicitation,
transaction, or enterprise found to be fraudulent within the last
10 years;
(4)
Evidence that the registrant's activities will likely cause a breach
of the peace or unethical or dishonest business practices or be a
menace to the health, safety or general welfare of the public.
B.
If, as a result of such investigation, the registrant's character
or business responsibility is found to be satisfactory, the Chief
of Police shall issue a registration certificate to which shall be
affixed one photograph of the registrant and which shall be signed
by the Chief of Police and shall also show the kind of goods or services
to be sold or performed by the registrant, the date of issuance of
the certificate and the date on which such certificate shall expire,
which shall be December 31 of the year in which issued. Licenses shall
not be transferable. The issuance of said registration certificate
or identification card does not constitute an endorsement or approval
of the purposes of such solicitation by the Borough of Allendale or
any officer or employee thereof. The certificate of registration shall
have printed predominantly thereon in red: "This identification card
is not an endorsement by the Borough of Allendale or its officers
and employees."
Each registrant shall carry the registration certificate at
all times and shall exhibit it to any person upon request. The identification
card shall be worn at all times on an outer garment, in order that
it is apparent and visible and that it may provide a ready means of
identification.
Notwithstanding any provision of this article to the contrary
pertaining to the permitted hours of solicitation and fingerprinting,
such provisions shall not apply to political solicitation and canvassing
or to groups soliciting or canvassing on behalf of political persons
or political groups or public service groups. Such solicitation shall
be permissible between the hours of 9:00 a.m. and 7:00 p.m., Monday
through Saturday, and no fingerprinting shall be required, provided
that the Chief of Police is provided with the names of the persons
soliciting on behalf of the group/organization and the dates, hours,
and areas where the solicitations will occur. All other provisions
herein set forth as to solicitation or solicitors as defined in this
article shall remain in full force and effect.
No such registration certificate shall be issued to any person
who has not complied with any law of the State of New Jersey or ordinance
of this Borough regulating soliciting, canvassing or itinerant vendors
of merchandise.
No person, whether registered or not, shall visit or call at
any private residence for the purpose of solicitation, as defined
in this article, when banned by the householder by a sign bearing
words to the effect that solicitors or peddlers are not invited or
are prohibited. It shall be unlawful for any person to peddle or solicit
from the back doors or side entrances to any premises within the Borough
or to peddle or solicit before 9:00 a.m. or after 5:00 p.m. on any
day Monday through Saturday or at any time on Sunday.
A.
A license may be revoked by the Borough Council, Borough Clerk or
Borough Police Chief by reason of the violation of the terms hereof,
the violation of any municipal ordinance, state or federal statute,
or false statement made in applying for a license. In the event of
such revocation, the licensed person must be granted a hearing by
the Borough Council upon his/her request to challenge such revocation
as hereinafter provided.
B.
Any person aggrieved by the revocation action of the Chief of Police,
Borough Council, or Borough Clerk in the denial or revocation of a
license as provided in this article shall have the right of appeal
to the Mayor and Council. Such appeal shall be taken by filing with
the Borough Clerk, within 14 days after notice of action complained
of has been mailed to such person's last known address, a written
statement setting forth fully the grounds for the appeal. The Borough
Council shall set a time and place for hearing on such appeal, to
be held within 14 days of the date of the filing of the appeal, and
written notice of such hearing shall be given to the appellant. The
decision and order of the Borough Council on such appeal shall be
final and conclusive.
The license fee shall be paid to the Chief of Police as follows:
A.
A charge of $30 shall be paid with the submission of the application
to cover the cost of processing each application and issuance of the
license. This shall apply to each individual who makes application
for said license. The fee is nonrefundable. The registrant shall pay
any and all fees required by the New Jersey State Police and/or the
designated fingerprint processing vendor.
B.
No license fee shall be prorated for any portion of the year.
