[Adopted 10-30-1973 as § 7-4 of
the 1973 Code]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes patriotic, religious, eleemosynary, benevolent,
educational, civic or fraternal associations, societies and the like.
Includes the giving of alms, food, clothes, money subscriptions,
pledges or property of any nature or kind.
Any individual, firm, copartnership, corporation, company,
association, church, religious denomination, society, class or league.
The request, directly or indirectly, of money, credit, property,
financial assistance, and other things 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. Solicitation shall be deemed to be complete
when made, whether or not the person making the same receives any
contribution.
No person or organization shall solicit charitable
and philanthropic contributions within the Township without first
obtaining a permit authorizing such public solicitations, provided
that the provisions of this article shall not apply to any established
organization authorized and not operated for the pecuniary profit
of any person if the solicitations by such organization are conducted
among the members thereof or if the solicitations are in the form
of collections or contributions at the regular assembly or meetings
of any such organization.
Application for a permit to make a public solicitation
of funds by charitable and philanthropic organizations shall be made
to the Township Clerk on forms provided by the Township.
A.
In addition to the application required by § 78-2, the application herein required shall contain the following information:
(1)
The purpose for which such 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 solicitation 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.
B.
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 § 78-3 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 therefor shall immediately be sent to the applicant by
the Township Clerk.
If the application is disapproved, the applicant
may appeal the decision to the Township Committee by filing a written
notice of appeal with the Clerk within 14 days after the notice of
disapproval. The Township Committee shall hold a hearing within 10
days thereafter, and its decision shall be final.
It shall be the duty of the Township Clerk to
keep a current calendar of approved solicitations to be conducted
within the Township. 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 a 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 for 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 that this section 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
Committee, where it is impractical to determine the amount of each
contribution.
A.
All solicitations conducted under the authority of
this article shall take place between the hours of 10:00 a.m. and
9:00 p.m., and no solicitations shall be conducted on Sundays.
B.
Any person or organization desiring to solicit at
hours other than those stated herein shall make special request therefor
on their application, and this special request shall be approved or
disapproved by the Township Committee.
C.
If approval is given by the Township Committee 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.
