It is the purpose of this article to protect the safety of the
residents of the Borough of Oceanport, to prevent fraud from being
perpetrated upon them and to protect their privacy, while balancing
such interests against the opportunity for commercial, political,
religious, charitable, and nonprofit organizations to exercise their
rights of free speech.
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article its most reasonable
application.
APPLICANT
A person or entity seeking to obtain a permit for solicitation
from the Borough of Oceanport.
BOROUGH
Borough of Oceanport, Monmouth County, New Jersey.
CANVASSER
Any person who travels, 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 or develop support for, to conduct
market research about, to determine feelings or opinions about, to
conduct a survey about, or explain a position about and on behalf
of any commercial product, commercial cause or commercial organization.
EMPLOYER
Any individual or entity providing compensation, in any form
whatsoever, to an individual engaged in solicitation within the Borough
of Oceanport.
PERMIT
A permit for solicitation issued by the Borough of Oceanport
pursuant to the provisions of this article.
SOLICITATION
To go in or upon private property in the Borough of Oceanport
without having been invited to do so by the owner or occupant, for
the purpose of advertising, promoting, or selling any product, goods,
or service; or conducting market research or a market or opinion survey
regarding commercial products or services. By way of illustration
and not of limitation, solicitors shall include canvassers, peddlers,
hawkers, itinerant merchants and transient vendors of goods or services.
Solicitation shall also include the placement upon private property
of handbills or other written material advertising goods or services
for sale. Solicitation shall also include the sale of goods or services
which the solicitor promises to donate or deliver to a charitable
or other nonprofit institution on behalf of the purchaser. Solicitation
shall not include the entry upon private property without prior invitation
of the owner or occupant by any person representing an entity which:
A.
Qualifies for tax-exempt status under the Internal Revenue Code;
B.
Qualifies for exemption from property tax under N.J.S.A. 54:4-3.6;
C.
Qualifies for exemption from sales tax under N.J.S.A. 54:32B-9;
or
D.
Was created under or is otherwise subject to the provisions
of Title 15A of the New Jersey Statutes.
No person or entity shall engage in solicitation within the
Borough without first having obtained a permit pursuant to the provisions
of this article. Failure to obtain a permit prior to solicitation
shall constitute a violation of this article. Each day of solicitation
without a valid permit shall constitute a separate violation of this
article.
Door-to-door canvassing, solicitation, campaigning, advocacy,
education, proselytizing, handbill distribution, or other entry upon
private property by individuals representing any entity which 1) qualifies
for tax-exempt status under the Internal Revenue Code; 2) qualified
for exemption from property tax under N.J.S.A. 54:4-3.6; 3) qualifies
for exemption from sales tax under N.J.S.A. 54:32B-9; or 4) was created
under or is otherwise subject to the provisions of Title 15A of the
New Jersey Statutes shall be exempt from the provisions of this article.
Solicitation of donations by any such organizations shall not constitute
solicitation as defined in this article. Individuals representing
such organizations may request a copy of the Borough's do-not-solicit
list for their information, but no penalties shall be imposed if they
enter in or upon a property identified on the do-not-solicit list.
Each individual engaging in solicitation within the Borough
shall carry the permit issued to him upon his person and display his
badge at all times while soliciting within the Borough, and shall
produce the permit and badge if requested to do so by the police or
any resident. Failure to carry the permit and/or display the badge
during solicitation shall constitute a violation of this article.
For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be as provided in §
1-15, General penalty. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.