[HISTORY: Adopted by the City Council of the City of Brigantine
as indicated in article histories. Amendments noted where applicable.]
[1]
Editor’s Note: Former Ch. 235, Permit Parking, adopted
2-21-1996 by Ord. No. 3-1996, was repealed 10-4-2000 by Ord. No. 25-2000.
[Adopted 2-1-2012 by Ord. No. 5-2012]
The City of Brigantine shall permit charitable organizations
as defined in N.J.S.A. 45:17A-20 to solicit contributions along roadways
within the City of Brigantine pursuant to the procedures as set forth
herein.
Any charitable organization as defined above who desires to
solicit contributions in the City of Brigantine shall file an application
for a permit allowing such solicitation. Such application shall be
submitted to the City Manager or her designee and shall contain the
following information:
A.
The name of the applicant organization.
B.
The address of applicant organization.
C.
The telephone number of applicant organization.
D.
The contact person of applicant organization.
E.
The date and times of proposed charitable solicitation.
F.
A general description as to the manner in which the solicitation
of motorists will be conducted and the procedures to be used to insure
the safety of participants and members of the motoring public.
Solicitation may occur within the City of Brigantine at intersections
as approved by the City Manager along Brigantine Avenue/Atlantic-Brigantine
Boulevard and may only occur during daylight hours.
Since the only location where solicitation is permitted within
the City of Brigantine is on a county road, prior to the date of any
such solicitation, the applicant must show proof to the City Manager
or her designee pursuant to N.J.S.A. 39:4-60 and any county resolution
or ordinance adopted pursuant thereto that the County of Atlantic
has granted permission and approval for such solicitation.
Solicitation by charitable organizations as set forth in this
article shall be limited to one solicitation per year per organization.
No person acting on behalf of a charitable organization seeking
to solicit contributions pursuant to this article shall be under the
age of 18 years, and no one shall actually seek such contributions
or be allowed by said organization to seek such contributions if said
individual is under the age of 18 years of age.
Any and all persons soliciting contributions on behalf of the
charitable organization pursuant to this article must wear an orange
or other type safety vest so that their presence is clearly denoted
on the roadways during such solicitation.
No person seeking solicitation of contributions on behalf of
charitable organizations pursuant to this article will be allowed
to stop, impede, hinder or delay traffic in any fashion, and such
solicitation may only be performed if and when said traffic is stopped
pursuant to the traffic signal controlling said intersection.
A.
The charitable organization must show a type of temporary sign containing
the following language:
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"Caution – Coin Drop Sponsored By __________ located ahead."
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B.
Such sign must be shown to the Chief of Police of the City of Brigantine
or his designee as part of the application process and said Police
Chief or his designee shall indicate where said sign shall be located
on the date of such solicitation by a charitable organization. Any
such sign must always be located so that the same will not cause any
traffic congestion or hazard.
The only solicitation allowed by charitable organizations are
coin-drop or boot-drop-type solicitations, and no charitable organization,
under any circumstances, shall permit, for the purposes of soliciting
charitable contributions, selling, giving or distributing in any way
any goods, merchandise, tickets, coupons, flyers, or any such similar
items.
No person shall act on behalf of any charitable organization
in soliciting funds pursuant to this article who has consumed alcoholic
beverages or any illegal substances during or immediately prior to
the time said person would be soliciting funds on behalf of said charitable
organization.
Any individual and/or charitable organization found guilty of
violating this article shall be subject to a fine not to exceed $100.
In addition, if any charitable organization, or member thereof, is
found guilty of violating this article, the City Manager may, in her
discretion, refuse to grant the application of said charitable organization
to solicit contributions pursuant to this article in the succeeding
year following the conviction of violation of this article.
[Adopted 8-17-2022 by Ord. No. 13-2022]
No person, except as provided herein, shall canvass, solicit,
distribute circulars or other matter, or call from door to door or
place to place in the City of Brigantine without first registering
with the Chief of Police or, in his absence, the officer in charge
of the Police Department.
For the purpose of this article, a canvasser or solicitor shall
also be deemed to be one who is not in the business of selling goods,
but one who makes surveys for research purposes, analysis, opinion
polls, rating data and any such similar work by which of its nature
involves a door-to-door or place-to-place activity, and shall include
persons going from door to door or place to place for the purpose
of contributions, donations or alms for any persons or organization.
The purpose of this article is to prevent fraud, crime and unethical
and dishonest business practices, and for the general protection,
health and welfare of the residents of the City of Brigantine.
Each registrant shall, at the time of registering, file with
the Chief of Police an application in writing which shall give the
following information:
A.
Name, age and physical description of applicant.
B.
Complete permanent home and local address of applicant.
C.
Name and address of the organization or person for whom solicitation
is being made.
D.
Description of the nature of the business and the goods, services
or wares to be sold, and sufficient information to determine whether
or not the business he is to transact is interstate or intrastate
commerce.
E.
Two photographs of the applicant which shall be approximately 2 1/2
inches by 2 1/2 inches in size showing the head and shoulders
of the applicant in a clear and distinguishing manner.
F.
The days, dates and route of his business in the City of Brigantine
(which shall be between the hours of 9:00 a.m. and 5:00 p.m.).
G.
A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or disorderly conduct offense, where and when
so convicted, the nature of the offense and the penalty, if any.
H.
The make, model, year, color and license plate number of automobiles
used by the applicant during the period of solicitation within the
City, and the number of his driver's license and the state of
issuance.
I.
Each applicant for registration shall present a completed criminal
background check (from a company such as IdentoGo®) with a date of no more than 60 days' prior to application.
The report must cover the five years preceding the application, and
in the event that the report reveals any prior convictions for crimes
or offenses which in the judgment of the Chief of Police would negatively
impact the safety of the public, the Chief of Police shall disapprove
the application. The registration shall be valid for 60 days from
the date of the approval of the application.
Each registrant shall carry the registration certificate at
all times when in the City and shall exhibit it to any citizen or
police officer upon request. At the conclusion of each day's
canvassing or soliciting, the registration card shall be deposited
with the Chief of Police.
In the event an application for canvassing or soliciting is
disapproved by the Chief of Police for reasons of reported unethical
business practices or a previous conviction of a crime, the applicant
may appeal to the City Council, which shall set a time and place for
a hearing, which hearing shall be held within 10 days or next available
Council Meeting after appeal is taken by the applicant. At such hearing
the applicant will be given an opportunity to present his reasons
why the license should be issued. The decisions of the City Council
shall be final.
No person subject to the provisions of this article shall canvass,
solicit or distribute circulars or other matter except during the
hours of 9:00 a.m. and 5:00 p.m., Monday through Saturdays.
Any person or organization canvassing or soliciting individually
or on behalf of a nonprofit organization with respect to any political,
electoral, religious, community, charitable or other public interest
shall be exempt from the registration requirements of this article.
Such persons or organizations may, but are not obligated or required
to, provide to the Chief of Police a statement, in writing, giving
the following information:
