[HISTORY: Adopted by the Mayor and Council
of the Borough of Spring Lake as indicated in article histories. Amendments
noted where applicable.]
[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.
A person or entity seeking to obtain a permit for solicitation
from the Borough of Spring Lake.
Borough of Spring Lake, Monmouth County, New Jersey.
Any individual or entity providing compensation, in any form
whatsoever, to an individual engaged in solicitation within the Borough
of Spring Lake.
A permit for solicitation issued by the Borough of Spring
Lake pursuant to the provisions of this chapter.
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:
Qualifies for tax-exempt status under the Internal
Revenue Code;
Qualifies for exemption from property tax under
N.J.S.A. 54:4-3.6;
Qualifies for exemption from sales tax under
N.J.S.A. 54:32B-9; or
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.
A.
Any person seeking to engage in solicitation within
the Borough shall apply to the Police Department for a solicitation
permit.
B.
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;
(2)
The present address of each individual who will engage
in solicitation within the Borough;
(3)
As to each such 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 solicitation
will be made;
(5)
The address of the employer or organization;
(6)
The telephone number of the employer or organization;
(7)
The name of the contact person at the offices of the
employer or organization;
(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, model, year, color and license plate information of the vehicle;
and
(10)
The expected dates of solicitation within the Borough.
C.
An applicant for a solicitation permit shall also
be required to produce photo identification, which the Police Department
will photocopy and attach to the application form.
D.
The application form shall be signed by the applicant,
under penalty of perjury.
E.
Application forms, including photographic identification,
shall be retained by the Police Department.
F.
There shall be no fee for a solicitation permit.
G.
Misrepresentation, false statements, or failure to
disclose information on the solicitation permit application form shall
constitute a violation of this chapter.
A.
The Chief of Police or, in his absence, the officer
in charge of the Police Department, shall issue a permit and identification
badge upon completion of the solicitation permit application form.
The permit and badge shall be issued to any and all applicants who
complete the application form and provide photo identification. A
separate permit and badge shall be issued to each individual who engages
in solicitation within the Borough. The permit shall be signed by
the Chief of Police or, in his absence, 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.
B.
Noncommercial solicitors do not require the approval
of the Chief of Police or the requirement or granting of a permit,
with the sole exception that any noncommercial solicitors or canvassers
must register with the Police Department to have knowledge of their
presence within the Borough of Spring Lake.
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.
A.
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. This permit
shall be subject to renewal for an additional three-month period.
B.
Commercial solicitation shall take place within the
Borough only between the hours of 9:00 a.m. and 9:00 p.m.
C.
Noncommercial solicitation or canvassing may take
place between the hours of 9:00 a.m. and 9:00 p.m. on each and every
day of the year.
D.
All solicitors or canvassers are encouraged to wear
reflective clothing and/or to carry flashlights if soliciting after
dark.
A.
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.
The office of the Borough Clerk shall prepare a list
of addresses of those premises where the owner and/or occupant has
notified the Borough Clerk that soliciting and canvassing is not permitted
on his or her premises. Notification shall be by completion of a form
available at the Borough Clerk's office during normal business hours,
Monday through Friday from 8:00 a.m. to 4:00 p.m., except weekends
and legal holidays.
C.
The Borough Clerk and/or Deputy Borough Clerk shall
submit the do-not-solicit list to the Chief of Police on a quarterly
basis, which do-not-solicit list shall be distributed to applicants
seeking authorization to solicit or canvass pursuant to this chapter.
The persons seeking to solicit or canvass shall not solicit or canvass
at any address listed on the do-not-solicit list.
D.
On or about January 1, April 1, July 1 and October
1 of each year, the Borough Clerk's office shall update the list.
The updated list shall then be forwarded to the Chief of Police for
distribution to solicitors and/or canvassers.
E.
The Tax Assessor shall, upon being advised of a transfer
of ownership of a residential premises, notify the Borough Clerk,
not less than semiannually, of said conveyances, whereupon the Borough
Clerk shall remove the address of the premises from the do-not-solicit
list.
