[Adopted by Ord. No. 3935-36 (§ 8-3 of the 1996 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
A person who, through his/her physical presence in the City,
attempts to gain access to the residents, merchants, business people
or any other occupant of the City in order to address such parties
to impart or receive communications, information, goods, services,
monies or materials of any type. It is not a requirement that the
solicitor be seeking compensation or remuneration from the resident,
merchant, business person or occupant.
A.
Permit required. No person shall solicit or canvass in the City without
first securing a permit from the City Clerk through the Police Department
and the office of the Chief of Police.
A person desiring a solicitor's permit from the City shall
make an application to the Chief of Police at the office of the City
Clerk. Such application will require any information the Chief of
Police requires to make a full and complete background search of the
applicant. Such information shall include, but not be limited to,
name, address, age and birth date, social security number, height,
weight, physical characteristics, group(s) affiliated with pertaining
to the solicitation and a brief description of the purpose of the
solicitation. Two passport-size photographs shall be included with
the application. An applicant shall provide the Chief of Police with
any additional information necessary for the applicant's background
search to be fully and adequately completed.
The Chief of Police shall:
B.
Provide an explanation to the applicant concerning the refusal of
the permit in the form of a letter to the applicant.
C.
Forward all approved applications to the City Clerk for issuance
and calendaring. The City Clerk shall provide the Chief of Police
with a two-month calendar of all permits valid during that time period
on the first and 15th of each month.
A.
An applicant may resubmit his/her application with a written explanation,
qualifying documents or other papers expressing why the application
should be approved.
B.
The Chief of Police shall have seven days to reconsider the application.
At the end of this period, the Chief shall provide the applicant with
a final approval or denial. If no response is received by the applicant,
the application should be deemed denied.
A.
An applicant may appeal the final decision of denial to the Board of Commissioners by filing a written notice of appeal. No appeals will be heard by the Board of Commissioners until a final disposition is issued pursuant to § 301-14 above.
B.
The appeal will be heard at the next regular Board of Commissioners
meeting, provided that three days' notice exists to the Clerk
prior to the regular meeting. The decision of the Board will be deemed
final.
A.
Numbering. Each issued permit shall be given an identification number
solely for use on that permit.
B.
Display. A permittee shall exhibit his/her permit to any police officer
or other person upon request.
C.
Revocation. The Chief of Police shall revoke a permit for the following
causes:
(2)
Fraud, misrepresentation or false statement made in the course of
the solicitation.
(3)
Any violation of this article.
(4)
Any violation of the Code of the City, the laws of the State of New
Jersey or the laws of the United States of America during the course
of the solicitation activities in the City.
D.
Duration. A permit shall be valid for 14 days from the starting date requested by the applicant on the application. Any permits of longer duration shall be sought by the applicant from the Board of Commissioners. Such permission shall be sought in the manner set forth in § 301-15 once the permit has been granted.
E.
Surrender. The permittee shall surrender the permit to the Chief
of Police upon the expiration of the permit.
No person shall solicit or canvass within the City except between
the hours of 9:30 a.m. and 9:00 p.m. No person shall canvass within
1,000 feet of a school for the 15 minutes prior to and the 1/2 hour
subsequent to the dismissal of the school for the day.
A.
This article shall not be construed to affect any person engaged
in the delivery of goods, wares or merchandise or other articles or
things in the regular course of business to the premises of persons
ordering or entitled to receive same.
B.
The applicant may petition the Board of Commissioners for a discount
of the applicable fees if the applicant shows the Commissioners that
it is a charitable or philanthropic, not-for-profit organization.
At no time shall the discount make the applicable fee less than $15.