Canvassing and Soliciting

4-1     CANVASSING AND SOLICITING.*

4-1.1   Definitions.

   For the purpose of this section, the following words as used herein shall be considered to have the meaning herein ascribed thereto:

Charitable soliciting shall mean the activities of a charity seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charity.

Charity shall mean persons or organizations recognized or eligible for recognition as a religious, charitable, educational or scientific organization under 501(c)(3) or 501(c)(4) of the Internal Revenue Code and which operates primarily in the Borough of Midland Park and for the benefit of the Borough and/or its residents.

Registered solicitor shall mean and include any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.

Residence shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

Soliciting shall mean and include any one (1) or more of the following activities undertaken by traveling from location to location in the Borough of Midland Park:

a.     Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or

b.     Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication; or

c.     Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or

d.     Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation, or project.

e.     Requesting information on the background, occupation, economic status, social status, religious status, political status, attitudes, viewpoints, occupants of a residence, telephone number, address, furnishings, or the like of another person for the purpose of compiling such information as raw data or refined data into a document, record, book, or directory to be sold, or to be used wholly or in part for a commercial purpose, provided that the term soliciting shall not apply to the following:

1.   Any news gathering activity for a bona fide news medium.

2.   Any solicitation of information for a telephone directory or similar book.

      (Ord. #4-92, §1)

4-1.2   Certificate of Registration.

   Unless otherwise exempted pursuant to subsection 4-1.8, every person desiring to engage in soliciting as herein defined from persons in residences within this municipality is hereby required to make written application for a certificate of registration as hereinafter provided. Such certificate shall be carried by the solicitor. (Ord. #4-92, §2)

4-1.3   Application for Certificate of Registration.

a.     Application for a certificate of registration shall be made upon a form provided by the Borough. The applicant shall truthfully state in full the following information, under oath:

1.     Name and address of present place of residence and length of residence at such address; also business address if other than present address;

2.     Address of place of residence during the past three (3) years if other than present address;

3.     Age of applicant;

4.     Physical description of the applicant, including height, weight, eye color, hair color, and other distinguishing characteristics;

5.     Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation;

6.     Name and address of employer during the past three (3) years if other than the present employer;

7.     Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage;

8.     Period of time for which the certificate is applied;

9.     The date, or approximate date, of the latest previous application for certificate under this section, if any;

10.   Whether a certificate of registration issued to the applicant under this section has ever been revoked;

11.   Whether the applicant has ever been convicted of a violation of a felony under the laws of the State or any other State or Federal law of the United States;

12.   Names of the three (3) most recent communities where the applicant has solicited;

13.   A description of the solicitor's proposed method of operation;

14.   Signature of applicant;

15.   Social security number of applicant;

16.   A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the Borough or by any department or officer thereof.

17.   Proof that a charitable applicant has a currently effective registration with the State of New Jersey as required by law.

b.     Each applicant for a certificate of registration or, in the case of soliciting on behalf of a group or association, each and every five (5) persons shall pay to the Borough Clerk a fee in the amount of seventy-five ($75.00) dollars or fees otherwise provided in the fee ordinance.

c.     No certificate of registration shall be issued to any person who has been convicted of the commission of a crime under the laws of New Jersey or any other State or Federal law of the United States, within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this section; nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided.

d.     The application for registration shall be presented to the Mayor and Council at its next regularly scheduled meeting. If all provisions of this section have been satisfied, the Mayor and Council shall issue the requested certificate of registration. The Borough Clerk shall keep an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this section, and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.

        (Ord. #4-92, §3)

4-1.4   Expiration or Revocation of Certificate.

a.     A certificate of registration shall expire on December 31st of the year of issuance. The certificate of registration shall state the expiration date thereof.

b.     Any certificate of registrations issued hereunder shall be revoked by the Chief of Police if the holder of the certificate is convicted of a violation of any of the provisions of this section, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this section. Immediately upon such revocation, written notice thereof shall be given by the Chief of Police to the holder of the certificate in person or by certified United States mail addressed to his or her residence address set forth in the application.

        Immediately upon the giving of such notice the certificate of registration shall become null and void. (Ord. #4-92, §4)

4-1.5   Notice to Solicitors.

   Notice of the determination by the occupant of giving invitation to solicitors, or the refusal of invitation to solicitors, to any residence, shall be given in the manner following:

a.     A weatherproof sign not less than three (3") inches by four (4") inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows:

        "Only Solicitors Registered in Midland Park Invited." or "No Solicitors Invited."

b.     The letters shall be at least one-third (1/3") inch in height.

c.     Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.

        (Ord. #4-92, §5)

4-1.6   Duty of Solicitors.

   It shall be the duty of every solicitor upon going onto any premises in the municipality upon which a residence as herein defined is located, to:

a.     Examine the notice provided for in this section, if any is attached, and be governed by the statement contained on any notice.

b.     If the notice states "Only Solicitors Registered in Midland Park Invited," then the solicitor not possessing a valid certificate of registration as herein provided shall immediately and peacefully depart from the premises, and if the notice states "No Solicitors Invited," then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises.

c.     Any solicitor who has gone onto the premises of any residence or gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.

d.     Exhibit his certificate of registration to the occupant.

e.     Request the occupant to read the certificate of registration.

f.      Inform the occupant in clear language of the nature and purpose of the solicitation and whether the solicitor is representing a governmental entity or whether he is representing a private person or organization.

        (Ord. #4-92, §6)

4-1.7   Prohibited Conduct.

   The following acts are hereby declared to be unlawful and each shall constitute a nuisance:

a.     To enter upon any premises and ring the door bell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of subsection 4-1.6 of this section.

b.     Whether registered under this section or not, to enter upon any premises and ring the door bell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, prior to 9:00 a.m. or after 9:00 p.m. (or political candidates or organizations described in subsection 4-1.8) and after sundown for all other solicitors of any weekday or Saturday, or at any time on a Sunday or on a State or national holiday.

c.     Falsely represent, directly or by implication, that the information is being solicited on behalf of a governmental organization.

         (Ord. #4-92, §7)

4-1.8   Exemptions.

a.     Upon written request and submission of such proofs as the Mayor and Council may reasonably require, the Mayor and Council shall exempt charities from the requirements of subsection 4-1.2 of this chapter.

b.     Candidates for elective office which must comply with any Federal or State election contribution expenditure report shall be exempt from the requirements of subsection 4-1.2 of this section without action by the Mayor and Council.

        (Ord. #4-92, §8)

4-1.9   Penalty.

   Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of not more than one thousand ($1,000.00) dollars for each offense and shall forfeit the right to solicit in Midland Park for the longer of one (1) year or the length of any sentences imposed by a court of competent jurisdiction for any violation hereof or for a conviction of any offense based on fact which would constitute a violation hereof. (Ord. #4-92, §9)

4-1A   CHARITABLE SOLICITATIONS ON ROADWAYS.

4-1A.1    Definitions.

   As used in this section, the following words and terms shall have the meaning as set further herein, unless the context clearly indicates otherwise:

Charitable organization shall mean (a) any person determined by the Federal Internal Revenue Service to be a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. Section 501(c)(3); or (2) any person who is, or holds himself out to be, established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety, or any person who in any manner employs a charitable appeal which has a tendency to suggest there is a charitable purpose to any such solicitation.

Department shall mean the New Jersey Department of Transportation.

Highway shall mean a public right-of-way, whether open or improved or not, including all existing factors of improvements.

Right-of-way shall mean State highway property and property rights, including easements, owned and controlled by the Department.

State highway shall mean a road owned, taken over, controlled, built, maintained, or otherwise under the jurisdiction of the Department.

Traveled way shall mean the portion of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

(Ord. #16-98, §1)

4-1A.2    Authorization to Solicit Contributions.

a.     A charitable organization, as defined in N.J.S.A. 45:17A-20, shall be authorized to solicit contributions in the roadway of a highway as set forth in N.J.S.A. 39:4-60, provided however that a charitable organization shall  not solicit on any County highway or intersection of a County highway within the Borough of Midland Park without the approval of the Bergen County Board of Chosen Freeholders.

b.     A charitable organization shall not solicit contributions on any State highway or intersection thereof without the approval of the Department.

c.     A permit shall be required to be obtained by a charitable organization from the Mayor and Council in order to solicit contributions in the roadway or highway.

        (Ord. #16-98, §2)

4-1A.3   General Provisions Regarding Solicitation.

a.     Solicitation by a charitable organization shall be for a charitable purpose only.

b.     Each person soliciting charitable contributions on behalf of a charitable organization shall be at least eighteen (18) years old.

c.     Solicitation shall be subject to specific terms and conditions of each permit granted.

d.     Solicitation shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease while traffic is moving. Use of flagmen shall be prohibited.

e.     The charitable organization shall be responsible for cleaning up any debris from the right-of-way.

f.      Solicitation shall only be permitted during daylight hours.

g.     State, County or local police or the Department may suspend solicitation operations in the event a condition of the permit is violated or, if in the police officer's or Department's sole discretion, traffic is being impeded or delayed or the public safety is at risk.

h.     Persons soliciting contributions for a charitable purpose shall not drink alcoholic beverages, use drugs or be under the influence thereof when soliciting.

i.      The Borough shall not be liable in any civil action for damages to property or personal injury resulting from a motor vehicle accident arising out of or in the course of solicitations for the purpose of soliciting contributions conducted by the charitable organization, as defined in N.J.S.A. 45:17A-20, pursuant to N.J.S.A. 39:4-60.

        (Ord. #16-98, §3)

4-1A.4   Permit Requirements.

a.     An applicant shall complete the appropriate application form and file same with the Borough Clerk. An application shall be accompanied by the requisite fee as established by Borough ordinance.

b.     An application shall be reviewed and considered by the Mayor and Council within thirty (30) days of its submission, provided that the time for such review may be extended by consent of the applicant.

c.     The Mayor and Council shall consult with the Chief of Police regarding any public safety matters that may be implicated by the application.

d.     A charitable organization shall be permitted only to file one (1) application to solicit for a charitable purpose in a calendar year.

e.     The application shall be accompanied by any signage proposed to be utilized by the charitable organization and such signage shall be a maximum of sixteen (16) square feet and shall be removed upon conclusion of the solicitation event.

f.      Appropriate warning signs shall be provided consistent with requirements of N.J.A.C. 16:40-6.1.

        (Ord. #16-98, §4)