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City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
Code
New Laws (26) Index
[Adopted 10-27-1993 by Ord. No. 1254-93[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former Art. II, Soliciting and Canvassing, adopted 6-19-1975 by Ord. No. 297-75, as amended.
A. 
The sections of Article II apply only to those individuals, groups or businesses not covered by Article I of this chapter.
B. 
If a question exists to the applicability of Article I or Article II, any inquiry is to be made by the party seeking clarification to the Chief of Police.
As used in this chapter, the following terms shall have the meanings indicated:
SOLICITOR
Also known as a "canvasser." A person who, through his or her physical presence in the City of Passaic, attempts to gain access to the residents, merchants, businessmen or any other occupant of the City of Passaic in order to address said parties to impart or receive communications, information, goods, services, moneys or materials of any type. It is not a requirement that the "solicitor" be seeking compensation or remuneration from the resident, merchant, businessman or occupant.
A. 
No person shall solicit or canvass in the City of Passaic without first securing a permit from the City Clerk through the Police Department and the office of the Chief of Police.
B. 
There shall be an application fee of $65 for a permit for solicitation in the City of Passaic.
Application generally. A person desiring a solicitor's permit from the City of Passaic shall make an application to the Chief of Police at the office of the City Clerk. Said application will require any information the Chief of Police requires to make a full and complete background search of the applicant. Such information shall include but not be limited to name, address, age and birth date, social security number, height, weight, physical characteristics, group(s) affiliated with pertaining to the solicitation and a brief description of the purpose of the solicitation. Two passport-size photographs shall be included with the application. An applicant shall provide the Chief of Police with any additional information necessary for the applicant's background search to be fully and adequately completed.
A. 
The Chief of Police shall have the power to deny an application for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the permit application.
(2) 
Conviction of the applicant for any indictable offense or disorderly persons offense involving moral turpitude, fraud or dishonesty.
B. 
The Chief of Police shall provide an explanation to the applicant concerning the refusal of the permit in the form of a letter to the applicant.
C. 
The Chief of Police shall forward all approved applications to the City Clerk for issuance and calendaring. The City Clerk shall provide the Chief of Police with a two-month calendar of all permits valid during that time period on the first and 15th of each month.
A. 
An applicant may resubmit his or her application with a written explanation, qualifying documents or other papers expressing why the application should be approved.
B. 
The Chief of Police shall have seven days to reconsider the application. At the end of this period, the Chief shall provide the applicant with a final approval or denial. If no response is received by the applicant, the application should be deemed denied.
A. 
An applicant may appeal the final decision of denial to the City Council by filing a written notice of appeal. No appeals will be heard by the City Council until a final disposition is issued pursuant to § 211-16.
B. 
The appeal will be heard at the next regular City Council meeting, provided that three days' notice exist to the Clerk prior to the regular meeting. The decision of the City Council will be deemed final.
A. 
Numbering. Each issued permit shall be given an identification number solely for use on that permit.
B. 
Display. A permittee shall exhibit his permit to any police officer or other person upon request.
C. 
Revocation. The Chief of Police shall revoke a permit for the following causes:
(1) 
A violation of § 211-15A of this Article.
(2) 
Fraud, misrepresentation or false statement made in the course of the solicitation.
(3) 
Any violation of this Article.
(4) 
Any violation of the Code of the City of Passaic or the laws of the State of New Jersey or the laws of the United States of America during the course of the solicitation activities in the City of Passaic.
D. 
Duration. A permit shall be valid for 14 days from the starting date requested by the applicant on the application. Any permits of longer duration shall be sought by the applicant from the City Council. Such permission shall be sought in the manner set forth in § 211-17 of this Article once the permit has been granted.
E. 
Surrender. The permittee shall surrender the permit to the Chief of Police upon the expiration of said permit.
No person shall solicit or canvass within the City of Passaic except between the hours of 9:30 a.m. and 9:00 p.m. No person shall canvass within 1,000 feet of a school for the 15 minutes prior to and the half hour subsequent of the dismissal of the school for the day.
A. 
This Article shall not be construed to 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. 
The applicant may petition the City Council for a discount of the applicable fees if the applicant shows the Council that it is a charitable or philanthropic not-for-profit organization. At no time shall the discount make the applicable fee less than $15.