Union City, NJ Soliciting and Canvassing

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.

§ 301-10 Applicability.

This article shall apply only to those individuals, groups or businesses not covered by Article II, Peddlers, Hawkers and Vendors. If a question exists as to the applicability of this article or Article II, any inquiry is to be made by the party seeking clarification to the Chief of Police.

§ 301-11 Permit required; fee.

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.

Fee. There shall be an application fee as set forth in Chapter 155, Fees, for a permit for solicitation in the City.

§ 301-12 Application for permit.

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.

§ 301-13 Grant or refusal of permit.

The Chief of Police shall:

Have the power to deny an application for any of the following causes:

(1)

Fraud, misrepresentation or false statement contained in the permit application.

(2)

Conviction of the applicant for any indictable offense or disorderly persons offense involving moral turpitude, fraud or dishonesty.

Provide an explanation to the applicant concerning the refusal of the permit in the form of a letter to the applicant.

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.

§ 301-14 Reconsideration of permit application.

An applicant may resubmit his/her application with a written explanation, qualifying documents or other papers expressing why the application should be approved.

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.

§ 301-15 Appeals.

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.

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.

§ 301-16 Numbering of permit; display; revocation; expiration.

Numbering. Each issued permit shall be given an identification number solely for use on that permit.

Display. A permittee shall exhibit his/her permit to any police officer or other person upon request.

Revocation. The Chief of Police shall revoke a permit for the following causes:

(1)

A violation which would fall under § 301-13A.

(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.

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.

Surrender. The permittee shall surrender the permit to the Chief of Police upon the expiration of the permit.

§ 301-17 Hours of operation.

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.

§ 301-18 Exceptions; fee discounts.

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.

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.