[Adopted 4-7-1987 by Ord. No. 1938 (Ch. 194 of the 1979
Code)]
The purpose of this article is to reasonably
regulate the number and hours of canvassing or soliciting, for the
protection of the citizens' privacy, including the peaceful enjoyment
of their homes, to prevent crime and to allow ample alternative channels
of communication for solicitation and canvassing.
As used in this article, the following terms
shall have the meanings indicated:
An activity where persons call at residences without the
previous consent of the occupant for the purpose of soliciting orders,
sales, subscriptions or business of any kind or seeking information
or donations.
It shall be unlawful for any person, organization,
corporation, society or association to engage in canvassing or soliciting
without having first obtained a permit issued by the City Manager
or his designee.
The City Clerk shall issue an application requiring
an applicant for a solicitation and canvassing permit to give his
complete identification, signature, name of employer, name of products
or services to be sold or solicited, the names of the manufacturers
of products or organization that the applicant represents, the information
sought from the canvass and the proposed method of operation in this
city, including the hours of operations during each particular day
the permit is valid. The Clerk shall, furthermore, require that the
applicant state whether or not he or any person to be employed by
him has been previously convicted of a crime or violation of an ordinance
regulating canvassing or soliciting. The application shall require
that the streets and locations utilized by the applicant be specified
for each day the applicant will utilize the permit. The application
form is approved and attached.[1]
[1]
Editor's Note: The application form is on
file in the office of the City Clerk.
Upon completing the application of the City
Clerk, each applicant shall present the completed application to the
Garfield Police Department and provide to them identification for
the purpose of confirming the identity of the applicant. The Police
Department shall forward a copy of its investigation to the City Manager
along with a copy of the application.
A permit shall be issued by the City Manager
upon the recommendation of the Police Department.
No more than three permits for canvassing and
soliciting shall be issued during the same period of time.
[Amended 12-6-1994 by Ord. No. 2170]
No permit shall be issued for, nor shall any
canvassing or solicitation be conducted, except between the hours
of 11:00 a.m. and 1/2 hour after sunset.
[Added 12-6-1994 by Ord. No. 2170]
No permit shall be issued nor shall any canvassing
or solicitation be conducted for a period of more than 30 consecutive
days.
[Added 12-6-1994 by Ord. No. 2170]
No canvassing or solicitation shall be conducted
by persons under the age of 18 years old without supervision of a
responsible adult who shall be physically present or within sight
of each minor during canvassing and/or solicitation.
No more than two permits shall issue to any
person, group, organization or partnership in any twelve-month period
from the date of issue of the first permit. No permit shall be issued
for an activity which is illegal.
Except as otherwise provided, each applicant
shall pay to the City Clerk upon the issuance of an application a
nonrefundable fee of $20 for each permit to solicit or canvass.
The City of Garfield Fire Department, Ambulance
Corps and other organizations sponsored and funded by the City of
Garfield shall be exempt from paying such fee, except that such organizations
shall obtain the necessary permit in order to keep the Police Department
and other enforcement officials apprised of their activities within
the municipality.
[Amended 12-6-1994 by Ord. No. 2170]
Each person, volunteer, employee, agent, officer
of and/or organization who has been issued a permit to canvass or
solicit shall carry or cause to be carried upon his or her person
at all times while canvassing or soliciting an identification card
issued by the City Clerk, upon the approval of the City Manager, and
shall exhibit such identification card whenever requested by a police
officer or any solicitee or canvassee.
A.
Any permit issued pursuant to this article may be
revoked by the City Manager where the permittee has been found in
violation of this article, any other ordinance of the City of Garfield
or a law of the State of New Jersey. In the event that the permittee
is found to have presented fraudulent, misleading or inaccurate information
or where the permittee's continued presence poses a danger to the
community, the City Manager after a public hearing before the City
Council may revoke the permit.
B.
The Chief of Police or his designee shall, upon 10
days' notice to the permittee, present evidence to the City Council
why the permit should be revoked. The City Council shall hear evidence
from both the Police Department and the permittee and shall, at the
public hearing, determine whether the permit should be revoked.
[Amended 4-25-2006 by Ord. No. 2457]
Any person, firm, corporation or other entity
violating any of the provisions of this article shall, upon conviction,
be punished by one or more of the following: a fine not exceeding
$2,000; imprisonment for a term not exceeding 90 days; and/or a period
of community service not exceeding 90 days, at the discretion of the
court. A separate offense shall be deemed committed on each during
or on which a violation occurs or continues.
