1385 Route 22 E
{[CITY]}, {[STATE]} {[ZIP]}
908-232-2400 ext 270
www.mountainside-nj.com
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  • Ordinance Information
  • Applicant Information

CHAPTER IV GENERAL LICENSING AND BUSINESS REGULATIONS

4-10 NON-SOLICITATION "NO KNOCK" REGISTRY

The purpose of this section is to provide relief to Borough residents who do not wish to be solicited, hawked, inquisitioned, and generally disturbed by commercial solicitation and peddlers and charitable solicitation and canvassing as such are defined in the relevant sections of the Borough Code.

Whereas the courts have determined that to a certain extent commercial solicitation, and to a much greater extent charitable solicitation, are protected by the First Amendment from many forms of municipal regulation. However, the courts have approved the use of non-solicitation and no knock registries as less intrusive on First Amendment Rights and more narrowly tailored to achieve legitimate municipal purposes than other historically common municipal regulation of such activities. This section is intended to provide an option to Borough residents to protect their privacy and personal security, by including their residence on the registry and thereby curtail unwanted solicitation at their place of residence.

  1. The Borough Clerk shall establish and maintain a registry of residential addresses to be known as the No Knock Registry. Residents of the Borough may make their request, in writing, to the Borough Clerk to have their place of residence included in the Borough's No Knock Registry. Once a residence is listed on the No Knock Registry it shall remain on the registry until a request is made in writing to the Borough Clerk, to have such residence removed from the registry.
  2. The registry shall consist of a listing, alphabetically by street, with the street number, street name and unit or apartment number of all residences that have requested to be included on the registry. No names or other personal information shall be included on the registry.
  3. The Borough Clerk shall, at least once annually, update the registry and provide such updated registry to the Borough Police for distribution to persons and organizations applying for Commercial Solicitation and Peddler permits and to any person or organization requesting the list for use during charitable solicitation and canvassing.
  4. Residents who list their places of residences on the No Knock Registry should also place one (1) small sign or notice stating "no soliciting," or similar language, on the premises.
  1. Any person who engages in door-to-door solicitation, canvassing, or peddling of any type, including as defined in the Commercial Solicitation and Peddling, and Charitable Solicitation and Canvassing regulations, at any address identified on the No Knock Registry shall be in violation of this section. Each and every act of solicitation peddling or canvassing at an address identified on the No Knock Registry shall constitute a separate violation of this section.
  2. Any person violating the provisions of this section, whether as principal, agent or employee of another shall be subject to a fine or imprisonment, or both, up to the maximum amount permitted by N.J.S.A. 40:49-5 as shall be amended from time to time.
  3. The Borough Police Department shall be charged with the responsibility for enforcing the provisions of this section.

 

Ordinance Information
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