As used in this article, the following terms shall have the
meanings indicated:
Any nonprofit canvass for opinion polls, or anyone who does
research analyses, or makes market research surveys, obtains rating
data or similar information, distributes advertisements or handbills
of a noncommercial nature or who engages in any similar noncommercial
activities which involve a door-to-door or place-to-place contact
is engaged in noncommercial canvassing and is subject to this article.
Any solicitation of contributions in cash or kind, when the
purpose of such activity is to produce revenue for a patriotic, religious,
service, welfare, benevolent, educational, civic, fraternal or political
entity, whether or not such entity is incorporated as a corporation
not for profit or is otherwise organized, so long as its purpose is
one of the above stated and is not for pecuniary gain, is engaged
in noncommercial soliciting and is subject to this article.
Such noncommercial soliciting shall include nonpaid volunteers
and paid employees of such nonprofit organizations.
No person or organization shall engage in noncommercial canvassing
or noncommercial soliciting within the City of Somers Point without
first obtaining a permit authorizing such canvassing or solicitation.
The permit requirements of this section shall not apply to the following:
A.
Any person soliciting a vote or nonmonetary support for any political
candidate or program.
B.
Any person engaged in campaigning for any elected public office or
public question which is to be voted upon in the City at a general,
special, primary, or school board election, and the distribution of
circulars or advertising with respect thereto.
C.
Children enrolled in public and private elementary and secondary
schools in the City of Somers Point or in schools for which Somers
Point students are part of a sending district, including children
peddling or soliciting for schools, school clubs and organizations,
Cub Scouts, Boy Scouts, Brownies, Girl Scouts, and similar youth groups.
D.
Organizations or entities whose solicitations are conducted only
among their own members or if the solicitations are in the form of
collections or contributions at the regular assembly or meeting of
any such organizations or entities.
Application for a permit for noncommercial canvassing or soliciting
shall be made to the City Clerk. The applicant shall be required to
provide the following information and statements:
A.
The purpose for which the canvassing or soliciting is to be made.
B.
The name, address and phone number of the organization or entity
for whom the canvassing or soliciting is being conducted.
C.
The names, addresses and phone numbers of the persons who will be
in direct charge of conducting the canvassing or soliciting.
D.
The names, birth date, social security number and addresses of all
persons making the proposed canvassing or soliciting.
E.
A brief outline of the method to be used in conducting the canvassing
or soliciting.
F.
The time(s) and date(s) when such canvassing or soliciting shall
be made, giving preferred and alternate dates for the beginning and
ending of such canvassing or soliciting.
G.
A statement to the effect that if the permit is approved, it will
not be used or represented in any way as an endorsement of the proposed
canvassing by the City or by any of its elected or appointed officials,
officers, departments, or employees.
H.
A statement that each canvasser or solicitor is of good character
and will conduct himself/herself in a courteous manner.
I.
A statement that no canvassing or soliciting will be done on dwellings
or units where "no soliciting" or like signs are posted.
J.
A statement that any misleading or false information being provided
on the application under oath will result in a violation of this chapter
and revocation of the permit.
K.
A statement that all canvassers and/or solicitors shall be required
to wear identification on their outermost item of apparel, which contains
their name and the organization for which they are canvassing; said
identification shall be the responsibility of the noncommercial canvasser
or solicitor organization to provide.
L.
Either the federal tax-exempt number or tax exemption certificate
issued by the State of New Jersey or a copy of the letter from the
Internal Revenue Service granting tax exemption to the organization
as a Section 501(c) charitable organization.
M.
Agreement to provide advance notice, in writing, stating which canvassers
or solicitors will be working which areas of the City on which days
and a description of the vehicles they will be using along with license
numbers. This advance notice is to be given to the Somers Point Police
Department.
The investigation required shall be limited to that sufficient
for the Chief of Police to make a determination that the person or
organization is what it has represented itself to be on the application.
Upon having the application reviewed and making a determination that
the information is complete and truthful, the Chief of Police or his
designee shall send the City Clerk a recommendation for approval or
disapproval.
A.
If the application is approved by the Chief of Police, the City Clerk
shall forthwith notify the applicant and issue the permit without
charge.
A.
No permit may grant the right to solicit longer than 30 days from
its date, but the City Clerk may extend any permit for additional
periods of not more than 15 days upon a showing that undue hardship
would be created by failure to extend the permit for such additional
time.
B.
Undue hardship must be based upon special circumstances such that,
despite its best efforts, the applicant was unable to achieve the
intended goal within the initial 30 days and proof to the satisfaction
of the City Clerk that the hardship is genuine and that the person
did not take on the obligation with the knowledge that the undue hardship
would be an issue.
