Post by admin on Sept 11, 2007 8:30:28 GMT -5
Contributed by Marc LeVine
I believe this is the final draft of the Solicitor's "amendment." "No Knock" is not a stand alone ordinance, by the way - we amended an existing ordinance to include it. We also changed the amendment draft a few times to reflect the interests of the Boy/Girl Scouts, etc. I hope I have the right draft. I don't really have time, right now, to read every word. Of course, for the final official word - consult Borough Hall.
ORDINANCE AMENDING CHAPTER 5 (BUSINESS LICENSES AND REGULATIONS), SECTION 64 (PEDDLERS AND SOLICITORS) AND ADDING SECTION 5.64.150 (CHARITABLE AND POLITICAL CANVASSING AND SOLICITATIONS), SECTION 5.64.155 (NON-SOLICITATION LIST) AND SECTION 5.64.158(VIOLATIONS AND PENALTIES) OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF FREEHOLD, COUNTY OF MONMOUTH AND STATE OF NEW JERSEY
BE IT ORDAINED by the Mayor and Council of the Borough of Freehold, County of Monmouth and State of New Jersey as follows:
I
Chapter 5, Business Licenses and Regulations, Section 64, Peddlers and Solicitors, is hereby amended to read as follows:
5.64 Solicitors and Canvassers.
5.64.010 Definitions. As used in this chapter:
a. Commercial “Solicitor” or “Canvasser” or “Peddler” or “Hawker” means a person, whether a resident of the Borough or not, traveling either by foot, automobile, or any other type of conveyance, from place to place, from house to house, or from street to street, to distribute circulars for business or commercial purposes, to offer to sell or purchase real property, to offer for sale or to take or attempt to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for immediate or future delivery, or for services to be furnished or performed immediately or in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, and whether or not he accepts an advance payment for the goods. Any person taking a poll or a survey from house to house or on the streets, or distributing advertisements or handbills is included.
b. “Charitable or Political Canvass or Canvassing” shall mean a person or persons going from place to place or house to house to interview, interact or inform another person or persons in an attempt to convince him/her/them to embrace or support (in a non-monetary manner) or vote for a proposition, person, candidate, philosophy, idea, concept or organization.
c. “Charitable or Political Solicit or Solicitation” shall mean the request, directly or indirectly, of money, credit, property, financial assistance, and other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or philanthropic purpose as defined in this chapter or for a political purpose. “Solicitation” shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
d. “Charitable” and “philanthropic” shall mean those persons and/or organizations with a valid and unexpired registration and/or written exemption from the Attorney General of the State of New Jersey issued pursuant to N.J.S.A. 45:17A-1, et seq. To qualify, such organization must submit its latest Form 990 filed with the Internal Revenue Service.
e “Contribution” shall mean and include the giving of alms, food, clothes, money subscriptions, pledges or property of any nature or kind.
f “Person” or “organization” shall mean any individual, firm, co-partnership, corporation, company, association, church, religious denomination, society, class or league.
5.64.020 Deleted.
5.64.030 License Required Commercial Solicitor.
a. It shall be unlawful for any commercial solicitor or canvasser to engage in such business within the Borough without first obtaining a license except that this section shall not apply to any person who has obtained a charitable solicitor’s or canvasser’s permit in accordance with section 5.64.150 et seq.
b. It shall be unlawful for any commercial solicitor or canvasser to engage in such business within the Borough to canvass or solicit, any owner or occupant or address contained on the Non-solicitation list as set forth in Section 5.64.157.
5.64.040 A-M No change.
N. Furnish with the application three recent head shot photographs of the applicant of a size measuring 2” x 2”.
5.64.050 No change.
5.64.060
A. Every applicant for a license shall pay to the Borough Clerk a fee of $100 per year.
B. No change.
5.64.070
A. No change.
B. Deleted
C. No change.
5.64.080 No change.
5.64.090 No change.
5.64.100 Badges. The borough clerk shall issue to each licensee at the time of delivery of his license a badge on which shall appear the words “Licensed Commercial Solicitor”, a photograph of the licensee, the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of ten feet. During the time such licensee is engaged in soliciting, the badge shall be worn constantly and conspicuously on the front of his/her outer garment.
5.64.110 No change.
5.64.120 No change.
5.64.130 No change.
5.64.140 No change.
5.64.150 Non-Commercial Charitable and Political Canvassing and Solicitations. Permit Required; Exemption. No person shall canvass or solicit political, charitable and philanthropic contributions or engage in any other canvassing or solicitation on behalf of a political, philanthropic or charitable organization or cause within the borough without first registering with the clerk detailing the extent of the canvassing or solicitations; provided that the provisions of this section shall not apply to any established person or organization authorized and not operated for the pecuniary profit of any person if the solicitations by such person or organization are in the form of collections or contributions at the regular assembly or meetings of any such person or organization.
5.64.151 Registration of canvassers and Solicitors.
Political, charitable or philanthropic organizations or individuals who desire to make a public solicitation or canvass shall register with the borough clerk and provide a list of individuals who will be involved in canvassing or soliciting.
Registration information shall include that required by subsection 5.64.040 A,B,D,E & N, and, if the registration is made for a charitable or philanthropic cause it shall contain the information required by paragraphs a. - i. below, if made for a political cause, the information in 5.64.040 N shall not be required but shall contain the information required by paragraphs a. - f. and h. below:
a. The purpose for which such canvassing or solicitation is to be made and, if for solicitation, the estimated amount of funds proposed to be raised thereby.
b. A specific statement showing the need for the canvassing or solicitation.
c. The name and address of the person who will be in direct charge of conducting the canvassing or solicitation.
d. The names, addresses, date of birth, social security number and driver’s license number (including State of issuance) of all persons making the proposed canvassing or solicitation.
e. A brief outline of the method to be used in conducting the canvassing or solicitation.
f. The time and dates when such canvassing or solicitations shall be made, giving preferred dates and alternate dates for the beginning and ending of such canvassing or solicitation.
g. If solicitation is proposed, the amount of any wages, fees, commissions or expenses to be paid to any person or organization for conducting such solicitation and the names and addresses of all such persons.
h. A statement to the effect that the registration will not be used or represented in any way as an endorsement of the proposed canvassing or solicitation by the borough or by any of its officers or departments.
i. If a solicitation is proposed, the registrant shall provide a financial statement setting forth the total funds collected during the previous calendar year by the organization seeking the permit; the portion of the funds which were used directly for the purposes or cause stated for the collection and the portion used indirectly to support the purpose or cause stated, i.e., used for administrative expense, related causes, etc.
5.64.152 Calendar of Canvassing/Solicitations. It shall be the duty of the borough clerk to keep a current calendar of approved canvassing and solicitations to be conducted within the borough.
The borough clerk shall have the right to propose alternate dates for a canvassing or solicitation if the requested dates should unfairly conflict with other canvassing or solicitations being conducted within the borough.
5.64.153 Time Limit. No permit may grant the right to canvass or solicit for a period longer than 90 consecutive days.
5.64.154 Canvassing/Solicitations at Shopping Centers. Whenever any person or organization shall be limiting its proposed canvassing or solicitation activity to a particular shopping center, all approvals for such proposed canvassing or solicitation shall be received from the shopping center management. Such person or organization seeking to canvass or solicit shall make application to the shopping center management for permission to canvass or solicit. If the shopping center management approves of the proposed canvassing or solicitation, it shall have the applicant complete an application form provided to the shopping center management by the borough clerk’s office. The shopping center management shall then forward the completed application to the borough clerk together with notification of the dates and times during which the canvassing or solicitation shall take place. The duration, coordination and timing of any such canvassing or solicitation(s) shall be at the discretion of the shopping center management. Upon receipt of a canvassing or solicitation application approved by the shopping center management, the borough clerk’s office shall notify the borough’s code enforcement department and police department of the canvassing or solicitation activity which has been approved at the particular center.
5.64.155 Regulation of Hours of Canvassing/Solicitation. All canvassing or solicitations conducted shall take place between the hours of 9:00 a.m. and 9:00 p.m. Any person or organization desiring to canvass or solicit at hours other than those stated herein shall make special request therefor on their application and this special request shall be approved or disapproved by the borough council. If approval is given by the borough council for canvassing or solicitation to be conducted at other than the hours stated in this subsection, the approval shall be plainly stamped on the permit issued by the borough clerk.
5.64.156 Display of Badge. Every person and/or member of any organization permitted hereunder to conduct canvassing or solicitations shall attach and display on the front outer layer of his or her clothing a badge to be supplied by the borough clerk. The badges shall be lettered and delivered by the borough clerk and shall be uniform in style and design. The following information shall be printed on the badge:
a. Name of the canvasser or solicitor.
b. Name and address of the organization on whose behalf the canvassing or solicitation is made.
c. A statement that the Borough of Freehold has permitted the canvassing or solicitation, but neither approves or disapproves of the organization and/or its activities.
5.64.157 Non-solicitation list.
a. The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that canvassing and soliciting is not permitted on the premises. Notification shall be by completion of a form available at the Borough Clerk’s office during normal business hours. The list shall be updated on January 1, April 1, July 1 and October 1 of each year.
b. The Borough Clerk shall submit the non-solicitation list to the applicants for a license to canvass or solicit pursuant to the provisions of this chapter. The licensee shall not canvass or solicit at any address on the non-solicitation list.
c. The Tax Assessor shall, upon being advised of a transfer of ownership of a residential premises, notify the Borough Clerk of said conveyance, whereupon the Borough Clerk shall remove the premises from the nonsolicitation list.
5.64.158 Violations and Penalties. In addition to revocation of the permit, any person, organization or agent thereof found guilty of violating any provision of this chapter shall upon conviction, be subject to a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars or imprisonment for up to 90 days or both, unless the penalty prescribed for such conduct by State statute is less, in which case the lesser penalties shall apply.
II
All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.
III
If any section, subparagraph, sentence, clause or phrase of this Ordinance shall be held to be invalid, such decision shall not invalidate the remaining portion of this Ordinance.
IV
This Ordinance shall take effect upon adoption and publication according to law.
EXPLANATORY STATEMENT
This Ordinance amendment changes the Solicitor and Canvassers Ordinance to bring it into conformity with a recent judicial ruling involving a similar Ordinance in another municipality. It further provides for a nonsolicitation list wherein no solicitation or canvassing may take place at any Borough resident’s home who is on the list.
I believe this is the final draft of the Solicitor's "amendment." "No Knock" is not a stand alone ordinance, by the way - we amended an existing ordinance to include it. We also changed the amendment draft a few times to reflect the interests of the Boy/Girl Scouts, etc. I hope I have the right draft. I don't really have time, right now, to read every word. Of course, for the final official word - consult Borough Hall.
ORDINANCE AMENDING CHAPTER 5 (BUSINESS LICENSES AND REGULATIONS), SECTION 64 (PEDDLERS AND SOLICITORS) AND ADDING SECTION 5.64.150 (CHARITABLE AND POLITICAL CANVASSING AND SOLICITATIONS), SECTION 5.64.155 (NON-SOLICITATION LIST) AND SECTION 5.64.158(VIOLATIONS AND PENALTIES) OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF FREEHOLD, COUNTY OF MONMOUTH AND STATE OF NEW JERSEY
BE IT ORDAINED by the Mayor and Council of the Borough of Freehold, County of Monmouth and State of New Jersey as follows:
I
Chapter 5, Business Licenses and Regulations, Section 64, Peddlers and Solicitors, is hereby amended to read as follows:
5.64 Solicitors and Canvassers.
5.64.010 Definitions. As used in this chapter:
a. Commercial “Solicitor” or “Canvasser” or “Peddler” or “Hawker” means a person, whether a resident of the Borough or not, traveling either by foot, automobile, or any other type of conveyance, from place to place, from house to house, or from street to street, to distribute circulars for business or commercial purposes, to offer to sell or purchase real property, to offer for sale or to take or attempt to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for immediate or future delivery, or for services to be furnished or performed immediately or in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, and whether or not he accepts an advance payment for the goods. Any person taking a poll or a survey from house to house or on the streets, or distributing advertisements or handbills is included.
b. “Charitable or Political Canvass or Canvassing” shall mean a person or persons going from place to place or house to house to interview, interact or inform another person or persons in an attempt to convince him/her/them to embrace or support (in a non-monetary manner) or vote for a proposition, person, candidate, philosophy, idea, concept or organization.
c. “Charitable or Political Solicit or Solicitation” shall mean the request, directly or indirectly, of money, credit, property, financial assistance, and other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or philanthropic purpose as defined in this chapter or for a political purpose. “Solicitation” shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
d. “Charitable” and “philanthropic” shall mean those persons and/or organizations with a valid and unexpired registration and/or written exemption from the Attorney General of the State of New Jersey issued pursuant to N.J.S.A. 45:17A-1, et seq. To qualify, such organization must submit its latest Form 990 filed with the Internal Revenue Service.
e “Contribution” shall mean and include the giving of alms, food, clothes, money subscriptions, pledges or property of any nature or kind.
f “Person” or “organization” shall mean any individual, firm, co-partnership, corporation, company, association, church, religious denomination, society, class or league.
5.64.020 Deleted.
5.64.030 License Required Commercial Solicitor.
a. It shall be unlawful for any commercial solicitor or canvasser to engage in such business within the Borough without first obtaining a license except that this section shall not apply to any person who has obtained a charitable solicitor’s or canvasser’s permit in accordance with section 5.64.150 et seq.
b. It shall be unlawful for any commercial solicitor or canvasser to engage in such business within the Borough to canvass or solicit, any owner or occupant or address contained on the Non-solicitation list as set forth in Section 5.64.157.
5.64.040 A-M No change.
N. Furnish with the application three recent head shot photographs of the applicant of a size measuring 2” x 2”.
5.64.050 No change.
5.64.060
A. Every applicant for a license shall pay to the Borough Clerk a fee of $100 per year.
B. No change.
5.64.070
A. No change.
B. Deleted
C. No change.
5.64.080 No change.
5.64.090 No change.
5.64.100 Badges. The borough clerk shall issue to each licensee at the time of delivery of his license a badge on which shall appear the words “Licensed Commercial Solicitor”, a photograph of the licensee, the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of ten feet. During the time such licensee is engaged in soliciting, the badge shall be worn constantly and conspicuously on the front of his/her outer garment.
5.64.110 No change.
5.64.120 No change.
5.64.130 No change.
5.64.140 No change.
5.64.150 Non-Commercial Charitable and Political Canvassing and Solicitations. Permit Required; Exemption. No person shall canvass or solicit political, charitable and philanthropic contributions or engage in any other canvassing or solicitation on behalf of a political, philanthropic or charitable organization or cause within the borough without first registering with the clerk detailing the extent of the canvassing or solicitations; provided that the provisions of this section shall not apply to any established person or organization authorized and not operated for the pecuniary profit of any person if the solicitations by such person or organization are in the form of collections or contributions at the regular assembly or meetings of any such person or organization.
5.64.151 Registration of canvassers and Solicitors.
Political, charitable or philanthropic organizations or individuals who desire to make a public solicitation or canvass shall register with the borough clerk and provide a list of individuals who will be involved in canvassing or soliciting.
Registration information shall include that required by subsection 5.64.040 A,B,D,E & N, and, if the registration is made for a charitable or philanthropic cause it shall contain the information required by paragraphs a. - i. below, if made for a political cause, the information in 5.64.040 N shall not be required but shall contain the information required by paragraphs a. - f. and h. below:
a. The purpose for which such canvassing or solicitation is to be made and, if for solicitation, the estimated amount of funds proposed to be raised thereby.
b. A specific statement showing the need for the canvassing or solicitation.
c. The name and address of the person who will be in direct charge of conducting the canvassing or solicitation.
d. The names, addresses, date of birth, social security number and driver’s license number (including State of issuance) of all persons making the proposed canvassing or solicitation.
e. A brief outline of the method to be used in conducting the canvassing or solicitation.
f. The time and dates when such canvassing or solicitations shall be made, giving preferred dates and alternate dates for the beginning and ending of such canvassing or solicitation.
g. If solicitation is proposed, the amount of any wages, fees, commissions or expenses to be paid to any person or organization for conducting such solicitation and the names and addresses of all such persons.
h. A statement to the effect that the registration will not be used or represented in any way as an endorsement of the proposed canvassing or solicitation by the borough or by any of its officers or departments.
i. If a solicitation is proposed, the registrant shall provide a financial statement setting forth the total funds collected during the previous calendar year by the organization seeking the permit; the portion of the funds which were used directly for the purposes or cause stated for the collection and the portion used indirectly to support the purpose or cause stated, i.e., used for administrative expense, related causes, etc.
5.64.152 Calendar of Canvassing/Solicitations. It shall be the duty of the borough clerk to keep a current calendar of approved canvassing and solicitations to be conducted within the borough.
The borough clerk shall have the right to propose alternate dates for a canvassing or solicitation if the requested dates should unfairly conflict with other canvassing or solicitations being conducted within the borough.
5.64.153 Time Limit. No permit may grant the right to canvass or solicit for a period longer than 90 consecutive days.
5.64.154 Canvassing/Solicitations at Shopping Centers. Whenever any person or organization shall be limiting its proposed canvassing or solicitation activity to a particular shopping center, all approvals for such proposed canvassing or solicitation shall be received from the shopping center management. Such person or organization seeking to canvass or solicit shall make application to the shopping center management for permission to canvass or solicit. If the shopping center management approves of the proposed canvassing or solicitation, it shall have the applicant complete an application form provided to the shopping center management by the borough clerk’s office. The shopping center management shall then forward the completed application to the borough clerk together with notification of the dates and times during which the canvassing or solicitation shall take place. The duration, coordination and timing of any such canvassing or solicitation(s) shall be at the discretion of the shopping center management. Upon receipt of a canvassing or solicitation application approved by the shopping center management, the borough clerk’s office shall notify the borough’s code enforcement department and police department of the canvassing or solicitation activity which has been approved at the particular center.
5.64.155 Regulation of Hours of Canvassing/Solicitation. All canvassing or solicitations conducted shall take place between the hours of 9:00 a.m. and 9:00 p.m. Any person or organization desiring to canvass or solicit at hours other than those stated herein shall make special request therefor on their application and this special request shall be approved or disapproved by the borough council. If approval is given by the borough council for canvassing or solicitation to be conducted at other than the hours stated in this subsection, the approval shall be plainly stamped on the permit issued by the borough clerk.
5.64.156 Display of Badge. Every person and/or member of any organization permitted hereunder to conduct canvassing or solicitations shall attach and display on the front outer layer of his or her clothing a badge to be supplied by the borough clerk. The badges shall be lettered and delivered by the borough clerk and shall be uniform in style and design. The following information shall be printed on the badge:
a. Name of the canvasser or solicitor.
b. Name and address of the organization on whose behalf the canvassing or solicitation is made.
c. A statement that the Borough of Freehold has permitted the canvassing or solicitation, but neither approves or disapproves of the organization and/or its activities.
5.64.157 Non-solicitation list.
a. The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that canvassing and soliciting is not permitted on the premises. Notification shall be by completion of a form available at the Borough Clerk’s office during normal business hours. The list shall be updated on January 1, April 1, July 1 and October 1 of each year.
b. The Borough Clerk shall submit the non-solicitation list to the applicants for a license to canvass or solicit pursuant to the provisions of this chapter. The licensee shall not canvass or solicit at any address on the non-solicitation list.
c. The Tax Assessor shall, upon being advised of a transfer of ownership of a residential premises, notify the Borough Clerk of said conveyance, whereupon the Borough Clerk shall remove the premises from the nonsolicitation list.
5.64.158 Violations and Penalties. In addition to revocation of the permit, any person, organization or agent thereof found guilty of violating any provision of this chapter shall upon conviction, be subject to a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars or imprisonment for up to 90 days or both, unless the penalty prescribed for such conduct by State statute is less, in which case the lesser penalties shall apply.
II
All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.
III
If any section, subparagraph, sentence, clause or phrase of this Ordinance shall be held to be invalid, such decision shall not invalidate the remaining portion of this Ordinance.
IV
This Ordinance shall take effect upon adoption and publication according to law.
EXPLANATORY STATEMENT
This Ordinance amendment changes the Solicitor and Canvassers Ordinance to bring it into conformity with a recent judicial ruling involving a similar Ordinance in another municipality. It further provides for a nonsolicitation list wherein no solicitation or canvassing may take place at any Borough resident’s home who is on the list.