[Adopted 8-23-2005 by Ord. No. 23-2005]
It is the purpose of this chapter to protect
the safety of the residents of the Borough of Spring Lake, to prevent
fraud from being perpetrated upon them and to protect their privacy,
while balancing such interests against the opportunity for commercial,
political, religious, charitable, and nonprofit organizations to exercise
their rights of free speech.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this chapter its
most reasonable application.
APPLICANT
A person or entity seeking to obtain a permit for solicitation
from the Borough of Spring Lake.
BOROUGH
Borough of Spring Lake, Monmouth County, New Jersey.
EMPLOYER
Any individual or entity providing compensation, in any form
whatsoever, to an individual engaged in solicitation within the Borough
of Spring Lake.
PERMIT
A permit for solicitation issued by the Borough of Spring
Lake pursuant to the provisions of this chapter.
SOLICITATION
To go in or upon private property in the Borough of Spring
Lake without having been invited to do so by the owner or occupant,
for the purpose of advertising, promoting, or selling any product,
goods, or service; or conducting market research or a market or opinion
survey regarding commercial products or services. By way of illustration
and not of limitation, solicitors shall include peddlers, hawkers,
itinerant merchants and transient vendors of goods or services. 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 sale of goods or services which
the solicitor promises to donate or delivery to a charitable or other
nonprofit institution on behalf of the purchaser. Solicitation shall
not include the entry upon private property without prior invitation
of the owner or occupant by any person representing an entity which:
A.
Qualifies for tax-exempt status under the Internal
Revenue Code;
B.
Qualifies for exemption from property tax under
N.J.S.A. 54:4-3.6;
C.
Qualifies for exemption from sales tax under
N.J.S.A. 54:32B-9; or
D.
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 without first having obtained a permit pursuant
to the provisions of this chapter. Failure to obtain a permit prior
to solicitation shall constitute a violation of this chapter. Each
day of 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 any entity
which 1) qualifies for tax-exempt status under the Internal Revenue
Code; 2) qualified 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 for their information, but
no penalties shall be imposed if they enter in or upon a property
identified on the do-not-solicit list.
Each individual engaging in solicitation within
the Borough shall carry the permit issued to him upon his person and
display his badge at all times while soliciting within the Borough,
and shall produce the permit and badge if requested to do so by the
police or any resident. Failure to carry the permit and/or display
the badge during solicitation shall constitute a violation of this
chapter.
For a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be as provided in Chapter
1, Article
II, General Penalty. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.