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Editor's Note: Ordinance history includes Ordinance No. 1227, 11-18-2015.
CHARITABLE
Any benevolent, philanthropic, human, social welfare, public health or other eleemosynary objective, or an objective that benefits law enforcement personnel, firefighters or other persons who protect the public safety (as defined in the Charitable Registration and Investigation Act, N.J.S.A. 45:17a-18).
CONTRIBUTION
Alms, food, clothes, money, subscription or property of any nature or kind.
ORGANIZATION
Any firm, co-partnership, corporation, company, association, church, religious denomination, society, class or league.
SOLICITOR
A person, whether a resident of the Borough or not, travelling either by foot, automobile or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for further delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, with or without accepting an advance payment for the goods.
This Article V shall not apply to any person distributing literature or handbills on behalf of a candidate for public office.
In addition to the information required on an application provided pursuant to this Article V, the application for the organizational permit and the individual solicitor's license shall be provided to the applicant by the Borough and is subject to change at the Borough's discretion.
A. 
Upon receipt of the application, the original shall be referred to the Chief of Police/Public Safety Director, or their designee, who shall cause an investigation to be made of the applicant's moral character to determine whether that applicant has been convicted of a crime involving moral turpitude or has been involved in fraudulent acts or conduct or other acts as would make the issuance of such a permit detrimental to the public health, safety and welfare of the citizens of Wildwood Crest.
Crimes involving moral turpitude include, but are not limited to:
(1) 
2C:-11 Homicide - all offenses.
(2) 
2C:12 Assault, Endangering, Threats - all offense.
(3) 
2C:13 Kidnapping - all offenses.
(4) 
2C:14 Sexual Offenses - all offenses.
(5) 
2C:15 Robbery - all offenses.
(6) 
2C:20 Theft - all offenses.
(7) 
2C:24 Offenses Against the Family, Children and Incompetents - all offenses.
(8) 
2C:35 Controlled Dangerous Substances - all offenses except 2C:35- 10a(4).
(9) 
2C:39 Weapons Offenses - all offenses.
B. 
The investigation required for charitable solicitations under this Article V shall be limited to that sufficient for the Chief of Police/Public Safety Director, or their designee, to make a determination that the person or organization is bona fide. In order to be a bona fide charitable solicitor, the applicant shall be required to comply with the provisions of N.J.S.A. 45:17A-18, et seq., and shall provide such documentation of same as may be requested by the Chief of Police. Upon making such a determination that the applicant is bona fide, the Chief of Police shall approve the application and notify the Borough Clerk.
C. 
If, as a result of the investigation, the applicant's character or responsibility is found to be unsatisfactory, the Chief of Police/Public Safety Director shall endorse on the application his disapproval and his reason for the same and shall return the application to the Borough Clerk.
D. 
If, as a result of the investigation, it is determined to issue the individual license, a badge shall be issued containing the words "Licensed Solicitor", "Wildwood Crest", and the signature of the issuing officer, and shall show the name and address of the licensee. To the permit shall be attached a photograph of the permitted signed by the issuing officer or his designee or the Borough Clerk or designee in such a manner that part of the signature covers part of the photograph, the remaining portion appearing on the permit. The permit shall state the purpose for which the solicitations may be made, the date of issuance of the permit, the length of time it shall be operative. The Borough Clerk shall keep a permanent record of all permits issued.
E. 
This badge shall, during the time the licensee is engaged in soliciting, be worn constantly on the front of his outer garment in such a way as to be conspicuous.
F. 
Permits and individual licenses are not transferable.
The license fee that shall be charged by the Licensing Clerk for such license shall be $150 for an organization and $10 for each individual solicitor. All licensing fees are non-refundable. Fees for charitable organizations may be waived by resolution of the Board of Commissioners of Wildwood Crest.
No soliciting or canvassing activities shall be conducted before 9:00 A.M. nor later than 5:00 P.M., nor on Sundays or holidays.
It shall be the duty of each Police Officer of the Borough to require any person seen soliciting or canvassing and who is not known by the Police Officer to be duly licensed to produce his license and to enforce the provisions of this Article V against any person found to be violating the same.
A permit issued under the provisions of this Article V may be revoked by the Chief of Police/Public Safety Director for any of the following causes:
A. 
Fraud, misrepresentation or false statement contained in the application for license.
B. 
Fraud, misrepresentation or false statement made in the course of carrying on solicitations.
C. 
Any violation of this Article V.
D. 
Conviction of any crime or misdemeanor involving moral turpitude.
E. 
Conducting solicitations in an unlawful manner or so as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
F. 
The permit shall be suspended immediately pending the outcome of the hearing for revocation.
G. 
A permit may also be suspended pending the outcome of any criminal investigation/court proceedings involving crimes of moral turpitude.
H. 
Notice of suspension/revocation of a permit shall be given in writing setting forth specifically the grounds of the complaint and reason for suspension/revocation. The notice shall be mailed postage prepaid to the permitted at his last known address. The address given in the application for permit shall be prima facie evidence of the last known address.
I. 
Any aggrieved party may have the right to appeal to the Commissioner of Public Safety of the Borough of Wildwood Crest within seven days of notice or suspension/revocation.
Any person who violates any provision of this Article V shall be subject to a civil penalty for each offense of not more than the maximum penalty allowed as currently established by N.J.S.A. 40:49-5 and any amendments thereto. If the violation is of a continuing nature, each violation that occurs shall constitute an additional separate and distinct offense for which a penalty shall be assessed.