[HISTORY: Adopted by the Mayor and Council
of the Borough of Sea Bright 9-6-1994 by Ord. No. 2-94. Amendments noted where applicable.]
[Amended 12-15-1998 by Ord. No. 94-98]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes:
The going in and upon private residences by
peddlers, canvassers, solicitors and itinerant merchants, not having
been requested or invited to do so by the owner or occupant thereof.
Soliciting money, signatures, votes or opinions
or engaging in political or religious discourse by a bona fide nonprofit
political, charitable or religious organization by going in or upon
private residences, not having been requested or invited to do so
by the owner or occupant.
No person shall engage in any regulated activity, as set forth in § 155-1 hereof, without first having obtained a written permit from the municipality.
Any person desiring a permit to carry out any
regulated activity in the Borough of Sea Bright, New Jersey, shall
file, not more than three months prior to the time such activity shall
commence or less than 10 days prior thereto, an application consisting
of the following:
A.
A statement, on a form to be supplied by the Municipal
Clerk, setting forth:
(1)
The applicant's name and social security number.
(2)
The applicant's permanent home address.
(3)
The name and address of applicant's employer.
(4)
The applicant's place(s) of residence for the preceding
three years.
(5)
The dates on which the applicant wishes to commence
and complete the regulated activity.
(6)
The nature of the regulated activity, including a
description of any services to be offered and any merchandise to be
sold or offered for sale.
(7)
Whether the applicant has ever been convicted of a
crime, misdemeanor or violation of any ordinance concerning canvassing
or soliciting and, if so, the date, place and nature of the offense
and the penalty imposed.
(8)
Names of other communities in which the applicant
has worked as a canvasser or solicitor in the past two years.
(9)
Make, model, description and license number of any
automobile that the applicant will use in connection with the regulated
activity.
(10)
The use and disposition of any funds to be solicited.
(11)
A description of the methods to be used in conducting
solicitations of funds.
(12)
Proof, if applicable, that the organization on behalf
of which the regulated activity will be conducted is a nonprofit corporation
and/or exempt from federal income taxation.
B.
A letter or other written statement from the individual,
firm or corporation employing the applicant, certifying that the applicant
is authorized to act as the employer's representative in carrying
out the regulated activity.
If more than one agent, solicitor or canvasser will participate in any door-to-door campaign, each participant must make a separate application, supplying all information required pursuant to § 155-3 of this chapter.
[Amended 12-15-1998 by Ord. No. 94-98]
A fee of $50 shall be paid by the applicant
at the same time of application.
Within five working days after the applicant completes the application as set forth in § 155-2 hereof, the Borough Clerk shall issue the applicant a permit to conduct the regulated activity unless:
A.
The permit, shall, upon demand, be exhibited to any
police officer or other Borough official and shall be displayed to
any person approached in connection with any regulated activity.
B.
No person shall conduct a regulated activity in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
C.
No person shall make any fraudulent, misleading or
incorrect statement in the course of conducting a regulated activity.
D.
It shall be a violation of this chapter if any person
to whom a permit is issued pursuant to this chapter shall be convicted
of a felony while the permit is in effect.
The regulated activities named in § 155-1 hereof shall be deemed to have been invited unless the resident or occupant of any premises shall post notice to the contrary on the front door of said premises or such other prominent location as may be permitted by the Code of the Borough. It shall be unlawful for any person to engage in any regulated activity in defiance or disregard of such notice.
No person shall engage in any regulated activities
except during the hours of 9:00 a.m. to 9:00 p.m., Monday through
Saturday. Such activities are prohibited on Sundays and on all state
and federal holidays.
[Added 4-20-2010 by Ord.
No. 6-20110]
A.
This chapter shall not affect any person engaged in the delivery
of goods, wares or merchandise or other articles or things in the
regular course of business to the premises of persons ordering or
entitled to receive the same.
B.
This chapter shall apply only to commercial canvassers and solicitors.
Noncommercial, religious and/or political canvassers or solicitors
protected by the First Amendment to the United States Constitution
are not required to obtain a permit, provided that the noncommercial,
religious and/or political canvassing or soliciting does not encompass
generally accepted definitions of commercial activity.
C.
The noncommercial, religious and/or political canvassers and solicitors
protected by the First Amendment to the United States Constitution
shall be permitted to perform those activities from 9:00 a.m. to 9:00
p.m., Monday through Saturday. Such activities are prohibited on Sundays
and all state and federal holidays.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
