A.
ACTIVITY
CANVASSING
CHARITABLE AND PHILANTHROPIC
CONTRIBUTION
PERSON
SOLICIT and SOLICITATION
SOLICITOR
Whenever used in this article, unless a different meaning clearly
appears from the context, the following terms shall have the meanings
indicated:
The act of engaging in noncommercial canvassing or soliciting.
The practice of going from place to place, or house to house
for the purpose of obtaining the views of any person upon any economic
or social question or a project or for the purpose of distributing
literature, pamphlets, circulars, samples and the like for purposes
of information and advertising for noncommercial purposes.
Includes the words patriotic, philanthropic, social service,
welfare, benevolent, educational, civil or fraternal, either actual
or purported.
Includes the giving of alms, food, clothes, money, subscriptions,
pledges or property of any nature or kind.
Not only an individual, but also any organization, firm,
partnership, corporation, company, association, church, religious
denomination, society, class, league or other entity or group.
The traveling, either by foot or automobile or any other
type of conveyance, from place to place, from house to house or from
street to street to request, directly or indirectly, money, credit,
property, financial assistance, and other things of value in the plea
or representation that such money, credit, property, financial assistance
or other thing of value will be used for a charitable or philanthropic
purpose as defined in this article or for a political or other noncommercial
purpose. Solicitation shall be deemed to be complete when made, whether
or not the person making the same receives any contribution.
A person who solicits.
B.
Word usage. For the purpose of this article, words and phrases shall
be interpreted as follows:
(1)
Words used in the present tense shall include the future tense;
(2)
Words used in the singular include the plural, and, conversely, words
in the plural include the singular;
(3)
The word "shall" is mandatory and not discretionary; and
(4)
Use of the masculine gender shall include the feminine gender.
Any person may solicit political, charitable and philanthropic
contributions or engage in noncommercial soliciting or canvassing,
including doing so on behalf of a political, philanthropic or charitable
organization within the Township, without first obtaining any license
or prior approval authorizing such activity, provided the person conducts
such solicitation and/or canvassing in compliance with the provisions
of this article.
A.
Before any person shall engage in any noncommercial canvassing or
soliciting, including canvassing or soliciting on behalf of a political,
philanthropic or charitable organization, he shall provide the following
information to the Township Clerk, at least three days in advance
of the commencement of such canvassing or soliciting:
(1)
Name, address and date of birth of each canvasser or solicitor.
(2)
Name and address of the affiliated organization, entity or group
sponsoring or conducting the soliciting or canvassing, if any.
(3)
If a vehicle is to be used in any portion of the activity, a description
of the vehicle(s), including color, make, model, year, license plate
number, including state of registration, as well as name and address
of registered owner.
(4)
If the solicitor or canvasser is employed by another, the name and
address of the employer.
(5)
The days of the week and hours of the day over the next 30 days during
which the activity will be conducted.
(6)
A description of the section of the Township in which the activity
will be carried out on each such day. Use of street boundaries of
the area is the desirable manner in which to describe the section
of the Township.
(7)
A statement as to whether each canvasser or solicitor has ever been
convicted of any crime or the violation of any municipal ordinance,
other than traffic offense, and, if so, the date and place of conviction
and the nature of the offense. The submission of false information
hereunder shall be a violation for the person submitting such false
information.
(8)
The general nature of the solicitation and canvassing.
(9)
The name, address and cellular telephone number of the person who
will be in direct charge of supervising the solicitation or canvassing.
(10)
A brief outline of the method to be used in conducting the solicitation
or canvassing.
B.
The notification provided to the Township pursuant to this section
shall be effective for a thirty-day period. Notification shall be
given every 30 days if the activity extends beyond 30 days.
It shall be the duty of the Township Clerk to keep a calendar
of solicitations and canvassing for which advance notice has been
given to the Township. Such calendar shall be posted on the official
Township website to allow access to and for the information of Township
residents.
Every person engaging in any noncommercial canvassing or soliciting,
including canvassing or soliciting on behalf of a political, philanthropic
or charitable organization, shall conduct himself according to the
following code of conduct:
A.
He shall not enter or remain on any resident's property that is on the "Do Not Solicit" List (See Article III of this chapter.) or upon property on which it is posted that solicitors are not permitted.
B.
He shall display his credentials in the manner as described in § 169-28 and to any occupant or owner of any property upon which he has entered.
C.
He shall not enter or attempt to enter any dwelling unit without
express invitation from the occupant therein.
D.
He will immediately leave the resident's property upon request
by the resident to do so.
F.
He shall not indicate that the Township endorses or sponsors any
of the views expressed or the organization for which support or contributions
are sought.
G.
He shall not make false claims, misrepresentations or materially
incorrect statements concerning the solicitation, organizations represented
or the use to be made of the amount solicited.
H.
He shall not engage in any course of alarming conduct or conduct
himself so as to alarm or seriously annoy the occupant of the dwelling.
I.
He shall not engage in any conduct which is prohibited by any statute,
regulation or ordinance in effect in the Township of Manalapan.
No solicitor or canvasser shall have an exclusive right to any
location; enter a roadway for the purpose of approaching occupants
of motor vehicles using the roadway or approach such occupants; or
operate or conduct any of his/her activity from a fixed location in
any congested area where his/her activity might unreasonably impede
or inconvenience the public or impose a threat to public safety. For
purposes of this section, the judgment of a Police Officer, exercised
in good faith, shall be used to determine whether the area is congested,
the public unreasonably impeded or inconvenienced or that the activity
poses a threat to public safety. As used herein, a solicitor or canvasser
shall be deemed to be operating from a fixed location if he/she has
been in the same location, or within 200 feet in any direction of
the location, for more than 15 consecutive minutes.
Soliciting or canvassing by visiting a property where the owner
or resident of such property has directly or implicitly indicated
to the solicitor or canvasser, through prior interaction, that his
visit would be welcomed is exempt from the provisions of this article.
The burden of proof shall be on the person claiming this exemption.
A.
Every solicitor or canvasser shall attach and display, on the front
outer layer of his/her clothing, a badge not smaller than two inches
by 3 1/2 inches with letters and figures at least 1/4 inch high
on contrasting background and displayed so that the information thereon
is easily discernible from a distance of seven feet. The following
information shall be printed on the badge:
No person shall, directly or indirectly, solicit contributions
for any purpose by misrepresentation of his name, occupation, financial
condition, social condition or residence, and no person shall make
or perpetrate any other misstatement, deception or fraud in connection
with any solicitation of any contribution for any purpose in the Township
of Manalapan or in any application or report filed under this article.
No soliciting or canvassing activities shall be conducted before
9:00 a.m. nor later than 9:00 p.m.
Any person violating any of the provisions of this article shall
be subject to a fine of not more than $1,000 or be imprisoned for
a term not exceeding 90 days, or both, in the discretion of the court.
