[Adopted 6-26-1961 by Ord. No. 9-1961]
[Amended 12-23-1993 by Ord. No. 9326]
It is hereby determined, declared and recited
that the legitimate business or practice of soliciting and canvassing
from door to door, regardless of purpose, affords a means for the
criminal-minded to obtain admittance to private homes in furtherance
of some present or future unlawful objective and an opportunity for
the practice of fraud, deceit and dishonest dealing by the unscrupulous
minority, with redress difficult because of lack of means of identifying
the solicitor, and consequently, public safety and welfare require
that those going from door to door for any purpose be required first
to give such identification as will identify themselves and prevent
possible abuse of the right by the criminally inclined. Likewise,
the City of Ventnor is desirous of protecting the privacy of its citizens
and residents, including the quiet and peaceful enjoyment of activities
within their homes.
As used in this article, the following terms
shall have the meanings indicated:
Includes the making of calls as part of a service to which
the occupant of the house subscribes.
Includes the act of going from door to door or house to house
within Ventnor City without prior express invitation or request from
the occupant of the premises at which the call is made, for any purpose
or in any fashion, including but not limited to the vending, distribution,
dissemination or delivery of goods, wares, merchandise or services
or of written, oral or recorded intelligence or communication or invitation
of any kind, other than giving alarm of fire or similar emergency
warning or in the discharge of some governmental duty or requesting,
inviting or taking orders or subscriptions for present or future delivery
or furnishing of any such things or matters or for the purpose of
making canvasses, surveys or the like or doing any other act which
is commonly comprehended in the terms of soliciting, canvassing or
peddling.
No person shall solicit from door to door within
Ventnor City without first registering and obtaining a registration
card from the Chief of Police of the City of Ventnor City as provided
in this article.
A.
Each applicant for the registration shall, at the
time of registering, give full, exact and true answers in writing
on a registration form filed by him and prepared by the Chief of Police
and providing for registration and recording the following information:
[Amended 12-23-1993 by Ord. No. 9326]
(1)
The applicant's name, permanent and temporary residence
and business addresses, social security number, height, weight and
other personal identification data, including identifying marks.
(2)
The photograph of the face of an applicant who wishes
to travel from door to door within the City of Ventnor, said photograph
to be no smaller than 2 1/2 inches.
(3)
The purpose of the proposed solicitation.
(4)
The name and permanent address of the person, company
or organization for whom he is acting, together with a copy of a written
credential from said person to so act, stating his exact relationship
to the applicant.
(5)
The place where the goods or services to be sold or
offered are manufactured, prepared or produced and where they are
then located.
(6)
The names and addresses of two references, preferably
owners of real estate in Atlantic County or the State of New Jersey,
or, in lieu thereof, such other available evidence as to his good
character as will enable an investigation to corroborate that fact.
(7)
Any prior convictions of federal, state or municipal
offenses, including the nature thereof and sentences imposed.
(8)
The route, dates and approximate hours of the applicant's
solicitation in the City.
(9)
The license plate number of any vehicle the applicant
will use in Ventnor City and proof that the driver thereof has a valid
driver's license.
B.
The applicant shall complete a publication form to
be provided to it by the City, which form shall be used for the purpose
of advertising in the press advising the citizens of the City of Ventnor
as to the applicant's intentions regarding door-to-door solicitation.
The applicant shall provide to the City sufficient proof that publication
has occurred at least three days before the commencement of solicitation.
[Added 7-20-1989 by Ord. No. 8917]
C.
The applicant shall provide to the City liability
insurance in which the City is named as an additional insured to cover
any and all incidents that may occur as a result of this door-to-door
solicitation. This insurance shall be comprehensive liability to cover
any and all potential claims. Said insurance shall be an amount no
less than $500,000 to $1,000,000 in coverage.
[Added 7-20-1989 by Ord. No. 8917]
[Amended 7-20-1989 by Ord. No. 8917; 12-23-1993 by Ord. No.
9326]
The applicant shall, at the time of completing the written registration, deposit with the Chief of Police appropriate checks in the appropriate amounts to be paid for any services to be performed by other law enforcement agencies such as the Federal Bureau of Investigation or New Jersey State Police. Said checks shall be made payable directly to said third party law enforcement agencies. Each registration shall be renewed annually, if necessary, and the fee payable regarding the same is as listed in § 149-5 for peddlers and solicitors.
A.
Upon completion of the form and deposit of the cost,
the Chief of Police shall promptly initiate and then cause to be concluded
within 30 days thereafter an investigation designated to corroborate
the registration data, prior criminal record, moral character and,
in the case of commercial solicitations, the business responsibility
of the registrant, which such investigation, if required by this article,
shall include transmission of the fingerprints to the Federal Bureau
of Investigation and Identification Bureau of the New Jersey State
Police and receipt from them of a report on the applicant's criminal
record, if any; provided, however, that if the investigation has not
been completed within 10 days, the applicant will be issued a temporary
registration card forthwith, subject to completion of the investigation.
[Amended 6-4-1979 by Ord. No. 7904; 12-23-1993 by Ord. No.
9326]
B.
If the investigation indicates that the registrant
has been convicted of an offense involving moral turpitude or that
the registrant has supplied information which is false or misleading
in any material respect or that his moral character or business responsibility,
in the case of commercial solicitation, or record of other offenses
is of such a nature as to present a clear and present danger to public
good, safety or welfare, the Chief of Police shall note his findings
in that respect on the registration form together with his disapproval
and furnish the applicant with a copy thereof by certified mail to
his permanent address or by handing it to him personally, and no registration
shall issue thereon, provided that the registrant shall have the right
within 10 days of the date of such notice to file a request with the
Mayor for a review thereof, who upon receipt of such notice shall
promptly fix a time and place at which the registrant may be heard
by him and the matter reviewed and shall forthwith either affirm or
reverse the disapproval of the Chief of Police and, in the latter
event, order a registration card to be issued.
Upon compliance by the applicant with the terms
of this article and upon approval of his registration by the Chief
of Police, there shall be issued to the registrant a registration
card indicating that the person named thereon is registered in accordance
with the terms of this article. Such card shall have securely fixed
thereto one of the photographs so submitted and signed by the Chief
of Police in such fashion that part of his signature extends over
a portion of such photograph.
Such registration shall remain the property
of the City of Ventnor City and may be immediately suspended by the
Chief of Police for any violation of this article and, within five
days of such suspension, upon written notice of the reasons therefor
and opportunity to be heard, may be revoked by the Mayor for such
cause.
It shall be the responsibility of the registrant
to:
A.
Carry the registration card with him at all times
while soliciting and exhibit it to any person upon request.
B.
Deposit the card with the Chief of Police at the end
of each day's solicitation and pick it up at the police station before
commencing the next day's solicitation.
C.
Promptly notify the Chief of Police of any change
of address or any change in any of the data he has given on his registration
form.
[Amended 8-15-1991 by Ord. No. 9113; 12-23-1993 by Ord. No.
9326]
This article shall not effect 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
who have ordered the same or are entitled to receive the same and
shall also not apply to any candidate for political office or religious
organization.
[Amended 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616]
Any person or persons violating any of the provisions
of this article shall, upon conviction thereof in the Municipal Court
of Ventnor City, be punished by a fine not in excess of $1,000 or
by a term not exceeding 90 days in the City or county jail, or both.
In addition to or as a substitute for the previously mentioned fine,
the imposition of community service shall be authorized as an additional
penalty, which community service shall not exceed 90 days.
[Added 12-23-1993 by Ord. No. 9326]
Any organizations which feel aggrieved by this
article should contact the City of Ventnor concerning alternative
channels of communication which can be used to communicate any speech
protected by the United States Constitution.
