Article I General Provisions
Article II Soliciting by Charitable Organizations in Roadways
[1997 Code § 258-1]
It shall be unlawful for any solicitor or canvasser as defined in Section 258-2 of this chapter to engage in such business within the corporate limits of the City of Absecon City without first obtaining a permit therefor in compliance with the provisions of this chapter.
[1997 Code § 258-2]
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- Any individual, whether a resident of the City of Absecon City or not, traveling either by foot, wagon, automobile, motortruck or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, boat, hotel room, lodging house, apartment, shop or any other place within the City of Absecon City for the sole purpose of exhibiting samples and taking orders for future delivery.
[1997 Code § 258-3]
Applicants for permits under this chapter must file with the City Clerk a sworn application in writing (in duplicate), on a form to be furnished by the City Clerk, which shall give the following information:
Name and description of the applicant.
Permanent home address and full local address of the applicant.
A brief description of the nature of the business and the goods to be sold.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed and the proposed method of delivery.
Two copies of a photograph of the applicant, taken within 60 days immediately prior to the date of filing of the application, which pictures shall be two-by-two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
The fingerprints of the applicant and the names of at least two reliable property owners of the County of Atlantic, State of New Jersey who will certify as to the applicant's good character and business responsibility or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
At the time of filing the application, a fee of $5 shall be paid to said City Clerk for the use of the City in defraying the cost of investigation of the facts stated therein.
[1997 Code § 258-4]
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall forthwith cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, said Chief of Police shall endorse on such application his disapproval and his reasons for the same and return the application to the City Clerk, who shall notify the applicant that his application is disapproved and that no permit will be issued.
If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return the permit, along with the application, to the City Clerk, who shall deliver to the applicant a permit. Such permit shall contain the signature of the Chief of Police and shall be sealed with the seal of the City of Absecon City and shall show the name, address and photograph of the permittee, the class of permit issued and the kind of goods to be sold thereunder, the date of issuance and the length of time the same will be operative, as well as the permit number and other identifying description of any vehicles used in such soliciting or canvassing. The Clerk shall keep a permanent record of all permits issued.
[1997 Code § 258-5]
Solicitors and canvassers are required to exhibit their permit at the request of any citizen or police officer.
[1997 Code § 258-6]
The Chief of Police shall report to the City Clerk all convictions for violation of this chapter, and the City Clerk shall maintain a record of each permit issued and record the reports of violations therein.
[1997 Code § 258-7]
Permits issued under the provisions of this chapter may be revoked by the Mayor of the City of Absecon City, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for such permit;
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser;
Any violation of a City ordinance;
Conviction of any crime or misdemeanor involving moral turpitude; or
Conducting the business of soliciting or of canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the ground of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee at his last known address at least five days prior to the date set for hearing.
Any permit issued hereunder shall be automatically suspended pending a hearing on charges made hereunder. Upon receipt of a notice hereunder, the permittee shall forthwith surrender his permit to the Chief of Police.
[1997 Code § 258-8]
All permits issued under the provisions of this chapter shall expire on the 31st of December in the year issued.
[1997 Code § 258-9]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $100 or by imprisonment in the City or County jail for a period not to exceed 60 days, or both such fine and imprisonment.
[1997 Code § 258-10; Ord. No. 08-98 § 1]
The City of Absecon shall permit charitable organizations as defined in N.J.S.A. 45:17A-20 to solicit contributions in roadways situate in the City of Absecon in accordance with the provisions contained in this Article.
[1997 Code § 258-11; Ord. No. 08-98 § 2]
All charitable organizations as defined in N.J.S.A. 45:17A-20 who desire to solicit contributions in roadways situate in the City of Absecon shall file an application for a permit with the Municipal Clerk on a form supplied by the Clerk specifying the following information:
Name of applicant organization.
Address of applicant organization.
Telephone number of applicant organization.
Contact person of applicant organization.
Specific location or locations of proposed charitable solicitation.
Dates and times of proposed charitable solicitation.
If the request pertains to a location or locations on any county highway, or intersection of a County highway, said application shall include a copy of an authorization from the Atlantic County Board of Chosen Freeholders to permit the charitable solicitation.
If the request pertains to a location or locations on any state highway or intersection of a State highway, the application shall include a copy of an authorization from the Commissioner of Transportation of the State of New Jersey to permit the charitable solicitation.
Identify the manner in which the motorist solicitation will be conducted and the procedures to be used to ensure the safety of the members of the public who will be traveling the roadways situated in the City of Absecon.
[1997 Code § 258-12; Ord. No. 08-98 § 3]
Upon the filing of a complete application in accordance with the provisions of this Article, the City of Absecon Clerk shall present same to the City Council for its review and consideration, after which the City Council shall grant or deny the applicant's request. In the event the City Council grants the applicant's request, it shall issue a permit to the applicant which shall be subject to the representations contained in the applicant's application and any conditions imposed by the City Council.
[1997 Code § 258-13; Ord. No. 08-98 § 4]
In no event shall any charitable organization requesting authorization from the City of Absecon for the charitable solicitation use any individual under the age of 18 years to perform any function or task associated with the charitable solicitation in any roadway.
[1997 Code § 258-14; Ord. No. 08-98 § 5]
Any charitable organization requesting authorization from the City of Absecon for the charitable solicitation shall comply with all of the terms and conditions of N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82, approved April 30, 1997.
[1997 Code § 258-15; Ord. No. 08-98 § 6]
The ordinance codified in this Article is adopted pursuant to N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82, approved April 30, 1997.