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City of Rahway, NJ
Union County
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Table of Contents
Table of Contents
[Adopted 7-9-1984 by Ord. No. A-12-84 as Ch. 148, Art. II, of the 1984 Code]
As used in this article, the following terms shall have the meanings indicated:
CHARITABLE ORGANIZATION
Any organization which has for its purpose the relieving of the poor, healing of the sick, assistance for the distressed and helpless and furtherance of and assistance for benevolent, philanthropic or religious purposes.
SOLICITOR
Any person who solicits any donations of supplies, provisions and money or pledges of supplies, provisions and money.
The purpose of this article is to prevent the soliciting of supplies, provisions or money by unscrupulous, dishonest or unworthy persons; to prevent misrepresentation in the soliciting of goods or funds; and to protect the public against solicitation by improper solicitors or by solicitors not engaged by bona fide charitable organizations.
[Amended 12-14-2009 by Ord. No. O-46-09]
A. 
No person shall engage or carry on as a solicitor without first obtaining a solicitor's permit issued by the City Clerk after prior approval by the Business Administrator or his designee. The fee for the permit shall be $25. The permit shall expire 30 days after issuance, subject to an extension for a period of time not to exceed 30 additional days.
B. 
No solicitations shall be conducted on private property unless the permission of the property/business owner is obtained in writing.
C. 
No solicitations shall be permitted in a public roadway.
D. 
Solicitation by minors shall only be permitted if they are accompanied by an adult.
[Amended 12-14-2009 by Ord. No. O-46-09]
At least two weeks prior to the date when the soliciting is to commence, any person desiring a permit to solicit shall file an application with the City Clerk. The application shall be executed by the authorized representative of the organization applying for the permit and shall be accompanied by proof that the application has been so authorized. The application shall contain the following information:
A. 
The name of applicant.
B. 
The permanent home address of the applicant.
C. 
The name and address of the charitable organization represented by the applicant.
D. 
The length of time for which a permit is desired.
E. 
The purpose of the charitable organization represented.
F. 
The purpose of the solicitation for which application is made.
G. 
The manner in which donations are to be solicited.
H. 
The date when solicitation is to begin.
I. 
The exact time, date and location of any solicitations.
J. 
The name, address and age of all persons who will solicit under the terms of the permit.
[Amended 12-14-2009 by Ord. No. O-46-09]
A. 
Upon receipt of the application, the City Clerk shall notify the Business Administrator, or his designee, forthwith of said application and its contents.
B. 
Thereafter, the Business Administrator, or his designee, shall verify the information in the application respecting the worthiness and responsibility of the charitable organization, the purpose of the charitable organization and the moral character of the individual solicitors. The Business Administrator, or his designee, shall then signify his approval or rejection of the application on the reverse side of the application.
C. 
Upon approval of the application by the Business Administrator, the permit shall be issued by the City Clerk for the length of time stated in the application and approved by the Business Administrator or his designee.
[Amended 12-14-2009 by Ord. No. O-46-09]
All permits shall be issued on forms drawn in accord with this article. The permit shall contain suitable blank spaces for writing in the name of the charitable organization, the individual solicitor and the time for which the permit is issued. There shall be sufficient additional blank spaces for the insertion of such other pertinent information as the Business Administrator, or his designee, in his discretion, shall deem expedient.
Every permittee shall carry with him the permit at all times when soliciting. He shall show the permit upon the demand of any City official or of any person solicited.
A. 
The issued permit shall not authorize any person, except the permittee, to engage in the solicitation thereunder.
B. 
The permit shall not be transferable from the person to whom it has been issued.
[Amended 12-14-2009 by Ord. No. O-46-09]
The permit may be revoked or suspended by the Business Administrator, or his designee, for misstatement in the application or for other good cause.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.