[1]
Editor's Note: Ordinance history includes Ordinance No. 1227,
11-18-2015.
Any benevolent, philanthropic, human, social welfare, public
health or other eleemosynary objective, or an objective that benefits
law enforcement personnel, firefighters or other persons who protect
the public safety (as defined in the Charitable Registration and Investigation
Act, N.J.S.A. 45:17a-18).
Alms, food, clothes, money, subscription or property of any
nature or kind.
Any firm, co-partnership, corporation, company, association,
church, religious denomination, society, class or league.
A person, whether a resident of the Borough or not, travelling
either by foot, automobile 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 further delivery, or
for services to be furnished or performed in the future, whether or
not the individual has, carries or exposes for sale a sample of the
subject of the sale, with or without accepting an advance payment
for the goods.
The organization that employs any solicitor must first obtain
a permit from the Borough before the solicitor is allowed to engage
in business within the Borough.
The organization that employs any solicitor must first obtain
a permit from the Borough before the solicitor is allowed to engage
in business within the Borough.
This Article V shall not apply to any person distributing literature or handbills on behalf of a candidate for public office.
In addition to the information required on an application provided pursuant to this Article V, the application for the organizational permit and the individual solicitor's license shall be provided to the applicant by the Borough and is subject to change at the Borough's discretion.
A.
Upon receipt of the application, the original shall be referred to
the Chief of Police/Public Safety Director, or their designee, who
shall cause an investigation to be made of the applicant's moral character
to determine whether that applicant has been convicted of a crime
involving moral turpitude or has been involved in fraudulent acts
or conduct or other acts as would make the issuance of such a permit
detrimental to the public health, safety and welfare of the citizens
of Wildwood Crest.
Crimes involving moral turpitude include, but are not limited
to:
(1)
2C:-11 Homicide - all offenses.
(2)
2C:12 Assault, Endangering, Threats - all offense.
(3)
2C:13 Kidnapping - all offenses.
(4)
2C:14 Sexual Offenses - all offenses.
(5)
2C:15 Robbery - all offenses.
(6)
2C:20 Theft - all offenses.
(7)
2C:24 Offenses Against the Family, Children and Incompetents - all
offenses.
(8)
2C:35 Controlled Dangerous Substances - all offenses except 2C:35-
10a(4).
(9)
2C:39 Weapons Offenses - all offenses.
B.
The investigation required for charitable solicitations under this Article V shall be limited to that sufficient for the Chief of Police/Public Safety Director, or their designee, to make a determination that the person or organization is bona fide. In order to be a bona fide charitable solicitor, the applicant shall be required to comply with the provisions of N.J.S.A. 45:17A-18, et seq., and shall provide such documentation of same as may be requested by the Chief of Police. Upon making such a determination that the applicant is bona fide, the Chief of Police shall approve the application and notify the Borough Clerk.
C.
If, as a result of the investigation, the applicant's character or
responsibility is found to be unsatisfactory, the Chief of Police/Public
Safety Director shall endorse on the application his disapproval and
his reason for the same and shall return the application to the Borough
Clerk.
D.
If, as a result of the investigation, it is determined to issue the
individual license, a badge shall be issued containing the words "Licensed
Solicitor", "Wildwood Crest", and the signature of the issuing officer,
and shall show the name and address of the licensee. To the permit
shall be attached a photograph of the permitted signed by the issuing
officer or his designee or the Borough Clerk or designee in such a
manner that part of the signature covers part of the photograph, the
remaining portion appearing on the permit. The permit shall state
the purpose for which the solicitations may be made, the date of issuance
of the permit, the length of time it shall be operative. The Borough
Clerk shall keep a permanent record of all permits issued.
E.
This badge shall, during the time the licensee is engaged in soliciting,
be worn constantly on the front of his outer garment in such a way
as to be conspicuous.
F.
Permits and individual licenses are not transferable.
The license fee that shall be charged by the Licensing Clerk
for such license shall be $150 for an organization and $10 for each
individual solicitor. All licensing fees are non-refundable. Fees
for charitable organizations may be waived by resolution of the Board
of Commissioners of Wildwood Crest.
No soliciting or canvassing activities shall be conducted before
9:00 A.M. nor later than 5:00 P.M., nor on Sundays or holidays.
It shall be the duty of each Police Officer of the Borough to require any person seen soliciting or canvassing and who is not known by the Police Officer to be duly licensed to produce his license and to enforce the provisions of this Article V against any person found to be violating the same.
A permit issued under the provisions of this Article V may be revoked by the Chief of Police/Public Safety Director for any of the following causes:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on solicitations.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
Conducting solicitations in an unlawful manner or so as to constitute
a breach of the peace or a menace to the health, safety or general
welfare of the public.
F.
The permit shall be suspended immediately pending the outcome of
the hearing for revocation.
G.
A permit may also be suspended pending the outcome of any criminal
investigation/court proceedings involving crimes of moral turpitude.
H.
Notice of suspension/revocation of a permit shall be given in writing
setting forth specifically the grounds of the complaint and reason
for suspension/revocation. The notice shall be mailed postage prepaid
to the permitted at his last known address. The address given in the
application for permit shall be prima facie evidence of the last known
address.
I.
Any aggrieved party may have the right to appeal to the Commissioner
of Public Safety of the Borough of Wildwood Crest within seven days
of notice or suspension/revocation.
All licenses issued under the provisions of this Article V shall expire 60 days after the date of issuance.
Any person who violates any provision of this Article V shall be subject to a civil penalty for each offense of not more than the maximum penalty allowed as currently established by N.J.S.A. 40:49-5 and any amendments thereto. If the violation is of a continuing nature, each violation that occurs shall constitute an additional separate and distinct offense for which a penalty shall be assessed.
