Borough of Lavallette, NJ Door-To-Door Commercial Solicitation

This chapter is adopted for the purpose of protecting the safety of the residents of the Borough of Lavallette, to prevent fraud from being perpetrated upon them and to protect their privacy, where balancing such interest against the opportunity for commercial, political, religious, charitable, and nonprofit organizations to exercise their right to free speech.

§ 22A-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT

A personal entity seeking to obtain a permit for solicitation from the Borough of Lavallette.

EMPLOYER

Any individual or entity providing compensation, in any form whatsoever, to an individual engaged in solicitation within the Borough of Lavallette.

PERMIT

A permit for solicitation issued by the Borough of Lavallette pursuant to the provisions of this chapter.

SOLICITATION

To go in or upon private property in the Borough of Lavallette without having been invited to do so by the owner or occupant for the purpose of either advertising, promoting, or selling any product, goods, or services; or conducting market research or a market or opinion survey regarding commercial products or services.

Solicitation shall also include the placement upon private property of handbills or other written material advertising goods or services for sale. Solicitation shall also include the sales of goods or services wherein the solicitor promises to donate or deliver to a charitable or another nonprofit institution on behalf of the purchaser all or some portion of the proceeds of such sale.

Solicitation shall not include the entry upon private property without prior invitation by the owner or occupant by any person who is representing an entity which 1) qualifies for tax-exempt status under the Internal Revenue Code 70; 2) qualifies for exemption from property tax under N.J.S.A. 54:4-3.6; 3) qualifies for exemption from sales tax under N.J.S.A. 54:32B-9; or 4) was created under or is otherwise subject to the provisions of Title 15A of the New Jersey Statutes.

§ 22A-3 Permit required.

No person or entity shall engage in solicitation within the Borough of Lavallette without first having obtained a permit pursuant to provisions of this chapter. Failure to obtain a permit prior to solicitation shall constitute a violation of this chapter. Each day of a solicitation without a valid permit shall constitute a separate violation of this chapter.

§ 22A-4 Exemptions from provisions of ordinance.

Door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, handbill distribution, or other entry upon private property by individuals representing an entity which 1) qualifies for tax-exempt status under the Internal Revenue Code 70; 2) qualifies for exemption from property tax under N.J.S.A. 54:4-3.6; 3) qualifies for exemption from sales tax under N.J.S.A. 54:32B-9; or 4) was created under or is otherwise subject to the provisions of Title 15A of the New Jersey Statutes shall be exempt from the provisions of this chapter. Solicitation of donations by any such organizations shall not constitute solicitation as defined in this chapter. Individuals representing such organizations may request a copy of the Borough's "Do Not Solicit" list, established by § 22A-9 of this chapter, however, no penalty shall be imposed if those individuals enter in or upon a property identified on the "Do Not Solicit" list or a property which has posted a "No Solicitation" decal. While not required to obtain a solicitation permit, individuals representing such organizations are requested to identify themselves, and the exempted organizations they represent, to the Lavallette Police Department prior to engaging in door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, handbill distribution, or other entry upon private property within the Borough of Lavallette.

§ 22A-5 Application for a permit.

Any person seeking to engage in solicitation within the Borough of Lavallette shall apply to the Borough of Lavallette Police Department for a solicitation permit no less than five business days prior to engaging in solicitation, as defined by this chapter, within the Borough of Lavallette.

An applicant for a solicitation permit shall be required to provide the following information in writing: 1) the name of each individual who will engage in solicitation within the Borough of Lavallette; 2) the present address of each individual who will engage in solicitation within the Borough of Lavallette; 3) as to each individual, whether the individual has ever been convicted of a crime, and if so, the nature of the conviction, where convicted, the date of conviction, and the penalty imposed; 4) the employer or organization for which the solicitation will be made; 5) the address of the employer or organization for which the solicitation will be made; 6) the telephone number of the employer or organization for which the solicitation will be made; 7) the name of a contact person at the offices of the employer or organization for which the solicitation will be made; 8) the type of goods or services to be sold, or the type of survey or research to be conducted; 9) as to any vehicle to be used by the applicant, the make, the model, the year, the color, and license plate information of the vehicle; and 10) the expected dates of solicitation within the Borough of Lavallette.

An applicant for a solicitation permit shall also be required to produce photo identification, which the Borough Police will photocopy and attach to the application form.

The application form shall be signed by the applicant, under penalty of perjury.

Application forms, including photographic identification, shall be retained by the Borough Police Department.

There shall be no fee for a solicitation permit.

Misrepresentation, false statements, or failure to disclose information on the solicitation permit application form shall constitute a violation of this chapter.

§ 22A-6 Issuance of permit.

The Chief of Police or Public Safety Director, as applicable, or in the absence of same, the officer in charge of the Police Department, shall issue a permit upon completion of the solicitation permit application form. A permit shall be issued to any and all applicants who complete the application form and provide photo identification. A separate permit shall be issued to each individual who engages in solicitation within the Borough of Lavallette. The permit shall be signed by the Chief of Police or Public Safety Director, as applicable, or in the absence of same, the officer in charge of the Police Department. The permit shall state the name of the individual, the business or organization for which solicitation is made, and the date the permit was issued.

§ 22A-7 Carrying and displaying solicitation permit.

Each individual engaging in solicitation within the Borough of Lavallette shall carry the permit issued to him upon his person at all times while soliciting within the Borough of Lavallette and shall produce the permit if requested to do so by the police or any resident, while the individual engaging in solicitation is on that resident's property. Failure to carry the permit during solicitation shall constitute a violation of this chapter.

§ 22A-8 Time limits on solicitation.

A solicitation permit shall be effective for three months after the date it is issued. Solicitation without a valid permit in effect shall constitute a violation of this chapter.

Solicitation shall take place within the Borough of Lavallette only between the hours of 9:00 a.m. and 5:00 p.m. Solicitors are encouraged to wear reflective clothing and/or to carry flashlights if soliciting after dark.

§ 22A-9 "Do Not Solicit" list.

Notwithstanding the provisions of any other section of this chapter, any person or entity owning property within the Borough may register such property on a "Do Not Solicit" list.

Registration for the "Do Not Solicit" list shall be made as follows:

(1)

The "Do Not Solicit" list shall be maintained by the Borough Police Department;

(2)

This list shall consist solely of property addresses, and shall include no further identifying information regarding the ownership of each property;

(3)

The Borough Tax Assessor shall notify the Police Department of any change in ownership of property within the Borough. The Police Department shall remove from the "Do Not Solicit" list any property which has changed ownership. Any new owner of property within the Borough of Lavallette may then reregister such property on the "Do Not Solicit" list at the discretion of the new property owner.

The Chief of Police or Public Safety Director, as applicable, or in the absence of same, the officer in charge of the Department, shall provide a copy of the "Do Not Solicit" list to each and every applicant to whom a permit is issued pursuant to this chapter. It is noted that the "Do Not Solicit" list is a public record subject to the Open Public Records Act and will be made available in accordance with the dictates of that Act.

Solicitation in any address identified on the "Do Not Solicit" list shall constitute a violation of this chapter. Each and every solicitation at an address identified on the "Do Not Solicit" list by an individual solicitor shall constitute a separate violation of this chapter.

§ 22A-10 "No Solicitation" decals.

In addition to registration of private property on the Borough's "Do Not Solicit" list, any person owning or inhabiting property within the Borough may place on such property a decal prominently displayed on the front door indicating that the owners or occupants do not wish to be disturbed by solicitation.

A "No Solicitation" decal shall not exceed two inches by four inches in area.

Solicitation at any address at which a "No Solicitation" decal is posted shall constitute a violation of this chapter. Each and every solicitation by an individual solicitor at a property at which a "No Solicitation" decal is posted shall constitute a separate violation of this chapter.

§ 22A-11 Violations and penalties.

Any person, firm, corporation or public agency that shall be convicted of a violation of a provision of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.

In addition to the above penalties, the Borough of Lavallette is hereby empowered to pursue such legal and equitable relief as may be necessary to abate any violation or enforce any condition of this chapter.