[HISTORY: Adopted by the Mayor and Council
of the Borough of Lavallette 11-15-2004 by Ord. No. 2004-23 (958). Amendments
noted where applicable.]
This chapter is adopted for the purpose of protecting
the safety of the residents of the Borough of Lavallette, to prevent
fraud from being perpetrated upon them and to protect their privacy,
where balancing such interest against the opportunity for commercial,
political, religious, charitable, and nonprofit organizations to exercise
their right to free speech.
As used in this chapter, the following terms
shall have the meanings indicated:
A personal entity seeking to obtain a permit for solicitation
from the Borough of Lavallette.
Any individual or entity providing compensation, in any form
whatsoever, to an individual engaged in solicitation within the Borough
of Lavallette.
A permit for solicitation issued by the Borough of Lavallette
pursuant to the provisions of this chapter.
To go in or upon private property in the Borough of Lavallette
without having been invited to do so by the owner or occupant for
the purpose of either advertising, promoting, or selling any product,
goods, or services; or conducting market research or a market or opinion
survey regarding commercial products or services.
A.Â
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 sales
of goods or services wherein the solicitor promises to donate or deliver
to a charitable or another nonprofit institution on behalf of the
purchaser all or some portion of the proceeds of such sale.
B.Â
Solicitation shall not include the entry upon private
property without prior invitation by the owner or occupant by any
person who is representing an entity which 1) qualifies for tax-exempt
status under the Internal Revenue Code 70; 2) qualifies 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.
No person or entity shall engage in solicitation
within the Borough of Lavallette without first having obtained a permit
pursuant to provisions of this chapter. Failure to obtain a permit
prior to solicitation shall constitute a violation of this chapter.
Each day of a solicitation without a valid permit shall constitute
a separate violation of this chapter.
Door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, handbill distribution, or other entry upon private property by individuals representing an entity which 1) qualifies for tax-exempt status under the Internal Revenue Code 70; 2) qualifies 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 chapter. Solicitation of donations by any such organizations shall not constitute solicitation as defined in this chapter. Individuals representing such organizations may request a copy of the Borough's "Do Not Solicit" list, established by § 22A-9 of this chapter, however, no penalty shall be imposed if those individuals enter in or upon a property identified on the "Do Not Solicit" list or a property which has posted a "No Solicitation" decal. While not required to obtain a solicitation permit, individuals representing such organizations are requested to identify themselves, and the exempted organizations they represent, to the Lavallette Police Department prior to engaging in door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, handbill distribution, or other entry upon private property within the Borough of Lavallette.
A.Â
Any person seeking to engage in solicitation within
the Borough of Lavallette shall apply to the Borough of Lavallette
Police Department for a solicitation permit no less than five business
days prior to engaging in solicitation, as defined by this chapter,
within the Borough of Lavallette.
B.Â
An applicant for a solicitation permit shall be required
to provide the following information in writing: 1) the name of each
individual who will engage in solicitation within the Borough of Lavallette;
2) the present address of each individual who will engage in solicitation
within the Borough of Lavallette; 3) as to each individual, whether
the individual has ever been convicted of a crime, and if so, the
nature of the conviction, where convicted, the date of conviction,
and the penalty imposed; 4) the employer or organization for which
the solicitation will be made; 5) the address of the employer or organization
for which the solicitation will be made; 6) the telephone number of
the employer or organization for which the solicitation will be made;
7) the name of a contact person at the offices of the employer or
organization for which the solicitation will be made; 8) the type
of goods or services to be sold, or the type of survey or research
to be conducted; 9) as to any vehicle to be used by the applicant,
the make, the model, the year, the color, and license plate information
of the vehicle; and 10) the expected dates of solicitation within
the Borough of Lavallette.
C.Â
An applicant for a solicitation permit shall also
be required to produce photo identification, which the Borough Police
will photocopy and attach to the application form.
D.Â
The application form shall be signed by the applicant,
under penalty of perjury.
E.Â
Application forms, including photographic identification,
shall be retained by the Borough Police Department.
F.Â
There shall be no fee for a solicitation permit.
G.Â
Misrepresentation, false statements, or failure to
disclose information on the solicitation permit application form shall
constitute a violation of this chapter.
The Chief of Police or Public Safety Director,
as applicable, or in the absence of same, the officer in charge of
the Police Department, shall issue a permit upon completion of the
solicitation permit application form. A permit shall be issued to
any and all applicants who complete the application form and provide
photo identification. A separate permit shall be issued to each individual
who engages in solicitation within the Borough of Lavallette. The
permit shall be signed by the Chief of Police or Public Safety Director,
as applicable, or in the absence of same, the officer in charge of
the Police Department. The permit shall state the name of the individual,
the business or organization for which solicitation is made, and the
date the permit was issued.
Each individual engaging in solicitation within
the Borough of Lavallette shall carry the permit issued to him upon
his person at all times while soliciting within the Borough of Lavallette
and shall produce the permit if requested to do so by the police or
any resident, while the individual engaging in solicitation is on
that resident's property. Failure to carry the permit during solicitation
shall constitute a violation of this chapter.
A.Â
A solicitation permit shall be effective for three
months after the date it is issued. Solicitation without a valid permit
in effect shall constitute a violation of this chapter.
B.Â
Solicitation shall take place within the Borough of
Lavallette only between the hours of 9:00 a.m. and 5:00 p.m. Solicitors
are encouraged to wear reflective clothing and/or to carry flashlights
if soliciting after dark.
A.Â
Notwithstanding the provisions of any other section
of this chapter, any person or entity owning property within the Borough
may register such property on a "Do Not Solicit" list.
B.Â
Registration for the "Do Not Solicit" list shall be
made as follows:
(1)Â
The "Do Not Solicit" list shall be maintained by the
Borough Police Department;
(2)Â
This list shall consist solely of property addresses,
and shall include no further identifying information regarding the
ownership of each property;
(3)Â
The Borough Tax Assessor shall notify the Police Department
of any change in ownership of property within the Borough. The Police
Department shall remove from the "Do Not Solicit" list any property
which has changed ownership. Any new owner of property within the
Borough of Lavallette may then reregister such property on the "Do
Not Solicit" list at the discretion of the new property owner.
C.Â
The Chief of Police or Public Safety Director, as
applicable, or in the absence of same, the officer in charge of the
Department, shall provide a copy of the "Do Not Solicit" list to each
and every applicant to whom a permit is issued pursuant to this chapter.
It is noted that the "Do Not Solicit" list is a public record subject
to the Open Public Records Act and will be made available in accordance
with the dictates of that Act.
D.Â
Solicitation in any address identified on the "Do
Not Solicit" list shall constitute a violation of this chapter. Each
and every solicitation at an address identified on the "Do Not Solicit"
list by an individual solicitor shall constitute a separate violation
of this chapter.
A.Â
In addition to registration of private property on
the Borough's "Do Not Solicit" list, any person owning or inhabiting
property within the Borough may place on such property a decal prominently
displayed on the front door indicating that the owners or occupants
do not wish to be disturbed by solicitation.
B.Â
A "No Solicitation" decal shall not exceed two inches
by four inches in area.
C.Â
Solicitation at any address at which a "No Solicitation"
decal is posted shall constitute a violation of this chapter. Each
and every solicitation by an individual solicitor at a property at
which a "No Solicitation" decal is posted shall constitute a separate
violation of this chapter.
A.Â
Any person, firm, corporation or public agency that
shall be convicted of a violation of a provision of this chapter shall,
upon conviction thereof by any court authorized by law to hear and
determine the matter, be subject to a fine not exceeding $1,000 or
imprisonment for a term not exceeding 90 days, or both, as such court
in its discretion may impose. Each day that such violation exists
shall constitute a separate offense.
B.Â
In addition to the above penalties, the Borough of
Lavallette is hereby empowered to pursue such legal and equitable
relief as may be necessary to abate any violation or enforce any condition
of this chapter.