[Amended 12-23-1993 by Ord. No. 9326]
It is hereby determined, declared and recited
that the legitimate business or practice of soliciting and canvassing
from door to door, regardless of purpose, affords a means for the
criminal-minded to obtain admittance to private homes in furtherance
of some present or future unlawful objective and an opportunity for
the practice of fraud, deceit and dishonest dealing by the unscrupulous
minority, with redress difficult because of lack of means of identifying
the solicitor, and consequently, public safety and welfare require
that those going from door to door for any purpose be required first
to give such identification as will identify themselves and prevent
possible abuse of the right by the criminally inclined. Likewise,
the City of Ventnor is desirous of protecting the privacy of its citizens
and residents, including the quiet and peaceful enjoyment of activities
within their homes.
As used in this article, the following terms
shall have the meanings indicated:
EXPRESS INVITATION
Includes the making of calls as part of a service to which
the occupant of the house subscribes.
SOLICIT
Includes the act of going from door to door or house to house
within Ventnor City without prior express invitation or request from
the occupant of the premises at which the call is made, for any purpose
or in any fashion, including but not limited to the vending, distribution,
dissemination or delivery of goods, wares, merchandise or services
or of written, oral or recorded intelligence or communication or invitation
of any kind, other than giving alarm of fire or similar emergency
warning or in the discharge of some governmental duty or requesting,
inviting or taking orders or subscriptions for present or future delivery
or furnishing of any such things or matters or for the purpose of
making canvasses, surveys or the like or doing any other act which
is commonly comprehended in the terms of soliciting, canvassing or
peddling.
No person shall solicit from door to door within
Ventnor City without first registering and obtaining a registration
card from the Chief of Police of the City of Ventnor City as provided
in this article.
[Amended 7-20-1989 by Ord. No. 8917; 12-23-1993 by Ord. No.
9326]
The applicant shall, at the time of completing the written registration, deposit with the Chief of Police appropriate checks in the appropriate amounts to be paid for any services to be performed by other law enforcement agencies such as the Federal Bureau of Investigation or New Jersey State Police. Said checks shall be made payable directly to said third party law enforcement agencies. Each registration shall be renewed annually, if necessary, and the fee payable regarding the same is as listed in §
149-5 for peddlers and solicitors.
Upon compliance by the applicant with the terms
of this article and upon approval of his registration by the Chief
of Police, there shall be issued to the registrant a registration
card indicating that the person named thereon is registered in accordance
with the terms of this article. Such card shall have securely fixed
thereto one of the photographs so submitted and signed by the Chief
of Police in such fashion that part of his signature extends over
a portion of such photograph.
Such registration shall remain the property
of the City of Ventnor City and may be immediately suspended by the
Chief of Police for any violation of this article and, within five
days of such suspension, upon written notice of the reasons therefor
and opportunity to be heard, may be revoked by the Mayor for such
cause.
It shall be the responsibility of the registrant
to:
A. Carry the registration card with him at all times
while soliciting and exhibit it to any person upon request.
B. Deposit the card with the Chief of Police at the end
of each day's solicitation and pick it up at the police station before
commencing the next day's solicitation.
C. Promptly notify the Chief of Police of any change
of address or any change in any of the data he has given on his registration
form.
D. Not solicit at any residence or other building when
barred by a sign contained at said household with the words to the
effect that solicitors or peddlers are not invited or are prohibited.
[Amended 12-23-1993 by Ord. No. 9326]
[Amended 8-15-1991 by Ord. No. 9113; 12-23-1993 by Ord. No.
9326]
This article shall not effect 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
who have ordered the same or are entitled to receive the same and
shall also not apply to any candidate for political office or religious
organization.
[Amended 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616]
Any person or persons violating any of the provisions
of this article shall, upon conviction thereof in the Municipal Court
of Ventnor City, be punished by a fine not in excess of $1,000 or
by a term not exceeding 90 days in the City or county jail, or both.
In addition to or as a substitute for the previously mentioned fine,
the imposition of community service shall be authorized as an additional
penalty, which community service shall not exceed 90 days.
[Added 12-23-1993 by Ord. No. 9326]
Any organizations which feel aggrieved by this
article should contact the City of Ventnor concerning alternative
channels of communication which can be used to communicate any speech
protected by the United States Constitution.