No person shall canvass, solicit, distribute circulars or other
matter or call from door to door or place to place in the Borough
of Avon-by-the-Sea without first registering with the Chief of Police,
or, in his absence, the officer in charge of the Police Department.
The requirements of this chapter shall not apply to children
under the age of sixteen (16) years engaged in activities on behalf
of recognized civic organizations based in or substantially carrying
out their activities within the Borough of Avon-by-the-Sea, including,
without limitation, the Boy Scouts, Girl Scouts, Little League, Recreation
League and other similar organizations. Nor shall this chapter apply
to bona fide members of Borough service organizations such as the
Fire Department and First Aid Squad.
The purpose of this chapter is to prevent fraud, crime and unethical
and dishonest business practices and for the general protection, health
and welfare of the residents of the Borough of Avon-by-the-Sea.
[Amended 12-9-85 by Ord. No. 19-1985]
Any person intending to perform or undertake any activity of the kind described in §
139-1 shall, prior to doing so, file with the Borough of Avon-by-the-Sea an application, in duplicate, in writing, on forms available from the Borough Office for that purpose, setting forth the following information:
A. Name, home address, age, physical description and driver's license
number of the applicant.
B. Name and address of the organization, firm or person for whom the
applicant will perform or undertake the activity.
C. Description of the nature of the activity and, if goods, services
or wares are involved, the nature thereof.
D. Two (2) photographs of the applicant approximately two and one-half
by two and one-half (2 1/2 x 2 1/2) inches in size showing
the head and shoulders of the applicant in a clear and distinguishing
manner.
E. A description of any motor vehicles to be utilized by the applicant
for said activity, including license plate number, make, model, year
and color.
[Amended 12-9-85 by Ord. No. 19-1985.
Upon compliance with the requirements of the foregoing section,
the Chief of Police shall, within seventy-two (72) hours of the receipt
of a completed application, endorse upon the application the legend
REGISTERED and the date, and one (1) copy shall be returned to the
applicant.
No person shall perform any of the activities governed by this
chapter except between the hours of 8:00 a.m. and 8:00 p.m., Mondays
through Saturdays.
[Amended 12-9-85 by Ord. No. 19-1985]
A. The registration endorsement referred to in §
139-5 shall expire thirty (30) days after issuance, and thereupon the applicant shall be deemed unregistered. All applicants for renewal shall comply with the provisions of §
139-4.
B. Notwithstanding the requirements of Subsection
A of this section, the registration of a member of a bona fide religious or charitable organization not engaged in the sale of goods, wares, merchandise or the like, shall be valid for the remainder of the calendar year; provided however that the registrant shall notify the Borough Clerk's office each time the registrant intends to call within the Borough.
[Added 7-26-99 by Ord. No. 7-1999]
Upon filing of the completed application, the applicant shall
pay a filing fee of thirty dollars ($30).
[Amended 12-9-85 by Ord. No. 19-1985]
Copies of this chapter shall be available on request from the
Borough Office and shall be given to each applicant upon registration
hereunder. One (1) copy of each application shall be kept on file
by the Chief of Police. Each applicant shall keep the endorsed copy
of the application and shall display the same upon request of any
law enforcement official.
All circulars, handbills, samples, leaflets, papers or other
matter used by the applicant in the activities referred to in this
chapter shall be handed to an occupant of the premises or left in
a secure place thereat so as not to litter.
[Amended 4-22-02 by Ord. No. 5-2002]
Any person who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter
1, Section
1-15.
All ordinances or parts of ordinances inconsistent with the
provisions of this chapter are hereby repealed as to such inconsistencies.
This chapter shall not affect the requirements of any other ordinance
establishing fees, licenses or other requirements for the conduct
of business activities within the Borough of Avon-by-the-Sea.
If any part of this chapter shall be declared invalid, such
invalidity shall not affect the remainder of this chapter which shall
continue in full force and effect.