As used in this article, the following terms
shall have the meanings indicated:
Includes patriotic, religious, eleemosynary, benevolent,
educational, civic or fraternal and the like.
Includes the giving of alms, food, clothes, money subscriptions,
pledges or property of any nature or kind.
Includes any association, church, religious denomination,
society, class or league.
To request, directly or indirectly, money, credit, property,
financial assistance or other thing of value on the plea or representation
that such money, credit, property, financial assistance or other thing
of value will be used for a charitable and philanthropic purpose as
defined in this article.
No person or organization shall solicit charitable
and philanthropic contributions within the Township without first
obtaining a permit authorizing such public solicitations; provided,
however, that the provisions of this article shall not apply to any
established person or organization authorized and not operated for
the pecuniary profit of any person, if the solicitations by such person
or organization are conducted among the members thereof or if the
solicitations are in the form of collections or contributions at the
regular assembly or meeting of any such person or organization.
A.
Application for a permit to make a public solicitation
of funds by charitable and philanthropic organizations shall be made
to the Township Clerk upon forms provided by the Township.
B.
In addition to the information required by § 164-2, the application herein required shall contain the following:
(1)
The purpose for which the solicitation is to be made
and the estimated amount of funds proposed to be raised thereby.
(2)
A specific statement showing the need for the solicitation.
(3)
The name and address of the person who will be in
direct charge of conducting the solicitation.
(4)
The names and addresses of all persons making the
proposed solicitation.
(5)
A brief outline of the method to be used in conducting
the solicitation.
(6)
The time and dates when such solicitations shall be
made, giving preferred dates and alternate dates for the beginning
and ending of such solicitation.
(7)
The amount of any wages, fees, commissions or expenses
to be paid to any person or organization for conducting such solicitation
and the names and addresses of all such persons.
(8)
A full statement of the character and extent of the
charitable and philanthropic work conducted by the applicant within
the Township.
(9)
A statement to the effect that if the permit is approved,
it will not be used or represented in any way as an endorsement of
the proposed solicitation by the Township or by any of its officers
or departments.
C.
If while the application is pending or during the
term of any permit granted thereunder there is any change in fact,
policy or method that would alter the information given in the application,
the applicant shall notify the Township Clerk in writing within 24
hours after such change.
The investigation required under § 164-3 shall be limited to that sufficient for the Chief of Police to make a determination that the person or organization is bona fide. Upon making such a determination, the Chief of Police shall approve the application and notify the Township Clerk.
If the application is approved, the Township
Clerk shall immediately notify the applicant and issue the permit
without charge. If the application is disapproved, notification stating
the reasons for such disapproval shall immediately be sent to the
applicant by the Township Clerk.
If the application has been disapproved, the
applicant may appeal the decision to the Township Council by filing
a written notice of appeal with the Clerk within 14 days after the
notice of disapproval. The Township Council shall hold its hearing
within 10 days thereafter, and its decision shall be final.
A.
It shall be the duty of the Township Clerk to keep
a current calendar of approved solicitations to be conducted within
the Township.
B.
The Township Clerk shall have the right to propose
alternate dates for a solicitation if the requested dates should unfairly
conflict with other solicitations being conducted within the Township.
There shall be no fee payable to the Township
for any charitable and philanthropic solicitation permit.
No permit may grant the right to solicit for
a period longer than 90 consecutive days.
Any person or organization receiving money or
any other thing of a value of $1 or more from any contributor under
a solicitation made pursuant to this article shall give to the contributor
a written receipt signed by the solicitor showing the date and the
amount received; provided, however, that this article shall not apply
to any contribution collected by means of a closed box or receptacle
used in solicitation, where the use thereof has been approved by the
Township Council, where it is impractical to determine the amount
of each contribution.
[Amended 5-21-2019 by Ord. No. 8-2019]
All solicitations conducted under the authority
of this article shall take place between the hours of 9:00 a.m. and
9:00 p.m., and no solicitations shall be conducted on Sundays. Any
person or organization desiring to solicit at hours other than those
stated herein shall make special request therefor on its application,
and this special request shall be approved or disapproved by the Township
Council. If approval is given by the Township Council for the solicitation
to be conducted at other than the hours stated in this section, the
approval shall be plainly stamped on the permit issued by the Township
Clerk.
