[HISTORY: Adopted by the Borough Council
of the Borough of Mountain Lakes 6-23-1980 as Secs. 4-1 and 4-2 of
the 1980 Code; amended in its entirety 11-26-2018 by Ord. No. 8-18.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 160.
As used in this article, the following terms shall have the
meanings indicated:
An individual, organization, firm, partnership, corporation,
company, association, church, religious denomination, society, class,
league or other entity or group.
Offering goods or services for sale or making sales and delivering
articles door to door to purchasers, or the request, directly or indirectly,
for money, property, financial assistance, or other things of value,
including for a charitable and philanthropic purpose. The word "solicitor"
shall not include salespersons calling on retail merchants. Solicitation
shall be deemed to be complete when made, whether or not the person
making the same receives any contribution.
It shall be unlawful to solicit within the Borough of Mountain
Lakes without first registering with the Borough Clerk on a form to
be provided by the Borough Clerk which shall indicate the identification
of the individual or individuals soliciting, the planned date or dates,
time, and place where the solicitation will occur. The registration
shall be effective for the calendar year in which it is completed.
The registrant shall be responsible for updating the Borough Clerk
with any changes to the dates, times, and place where the solicitation
will occur throughout the calendar year. A copy of the "do not solicit"
list shall be provided to every person registering with the Borough
Clerk. Anyone engaged in solicitation shall have proof of registration
and shall have personal identification outwardly visible on their
person at all times while soliciting in Mountain Lakes. No solicitation
shall commence before 10:00 a.m. and solicitation shall end no later
than 9:00 p.m.
Any person who owns or rents property within the Borough may
register such property to be included on the "do not solicit" list
by registering through the Borough Clerk's office.
Maintenance of the "do not solicit" list shall be as follows:
A.
The "do not solicit" list shall be maintained by the Borough Clerk.
The list shall be available through the official Borough website.
B.
The "do not solicit" list shall consist solely of property addresses
and shall include no further identifying information concerning the
ownership of each property.
C.
The Tax Assessor shall notify the Borough Clerk of any change in
ownership of property within the Borough. The Borough Clerk shall
remove from the "do not solicit" list any property which has changed
ownership.
D.
Other than by sale of property, a property, once listed, may only
be removed from the list by submitting a written request to the Borough
Clerk.
The Borough Clerk shall provide a copy of the "do not solicit"
list to any person notifying the Borough Clerk's office pursuant
to this article of his/her intention to engage in soliciting within
the Borough. The failure of the Borough Clerk to provide the "do not
solicit" list to such person or the failure of such person to have
received a copy of the "do not solicit" list from the Borough Clerk
shall not provide a defense to the requirement of having in his/her
possession a copy of the updated "do not solicit" list.
It shall be unlawful to solicit at any property listed on the
"do not solicit" list.
The prohibition in this article shall not apply to an individual
visiting a property where the owner or occupant of such property has
directly or implicitly indicated to the solicitor, through prior interaction,
that his/her visit would be welcomed. The burden of persuasion shall
be on the person claiming this exemption.
A person found by the Borough Clerk to have engaged in solicitation
on a property listed on the "do not solicit" list shall, after notice
and an opportunity to be heard, have his or her right to solicit and
the right of any person for which he or she was employed while soliciting
within the Borough suspended for a period of 30 days for a first offense,
60 days for a second offense, and indefinitely after a third offense.
The individual shall have a right to appeal the suspension to the
Borough Council, which shall hear the appeal at its next regularly
scheduled meeting. The suspension shall be in addition to any other
penalties for violation which may be imposed by the Municipal Court.
There shall be a fee of $25 per person for each registration
as a solicitor. Registration and the payment of this fee shall be
required on an annual basis and all registrations shall expire at
the end of the calendar year.
