Public hearing scheduled on solicitation ordinance
Political candidates would be required to obtain 'no knock' list
BY CLARE MARIE CELANO
Staff Writer

FREEHOLD - People who plan to go door to door for any purpose in the borough may be required to know which doors they are not permitted to knock on.

The Borough Council is expected to conduct a public hearing at its meeting on Nov. 6 on an ordinance that will, if adopted, require everyone who wants to go door to door for any purpose to obtain a copy of the town's "no knock" list before embarking on their work.

The "no knock" list will be developed by the borough if the amendment to the solicitor and canvasser ordinance, which was introduced on Oct. 2, is adopted. The local "no knock" list would be similar to the federal "no call" list people may sign up for to prevent unwanted telephone solicitation.

Officials believe this ordinance will provide some measure of comfort by implementing a do not disturb policy for residents who do not wish to be bothered by anyone.

In the month since its introduction, the section of the ordinance that addresses political canvassing has drawn some attention.

As written, the ordinance would require any political candidate or representative to obtain the "no knock" list, pay a $10 administrative fee and obtain a permit from the borough before going door to door.

A previous story in the News Transcript prompted a letter to the editor from Tinton Falls Councilman Michael Skudera, who said he believes the ordinance would violate an individual's constitutional right to free speech.

"Free speech is a right, not a privilege in this great country," Skudera wrote. "Passing a law that requires people to inform their government in advance that they plan on sharing religious or political views with other residents is a threat to democracy. You should not have to ask permission to exercise your first amendment rights."

When asked why a permit is necessary for political or charitable canvassers, Borough Attorney Kerry Higgins said, "It was really just a safety concern. Maybe the term is register rather than permit. But we want to know who is out there canvassing, so that if a resident calls and says so and so just knocked at my door, we can verify that they are who they say they are and that we have their information. And, if the police see someone going door-to-door, they can easily call the clerk and find out who registered to canvas."

The ordinance defines a commercial solicitor, canvasser, peddler or hawker as one "traveling by foot, automobile or any other type of conveyance from place to place, to distribute circulars for business or commercial purposes."

Other approaches include selling real property, taking orders for the sale of goods or personal property or for services. Any person talking a poll or a survey from house to house or on the streets, or distributing advertisements or handbills is also included and must obtain the "no knock" list.

The section that addresses charitable and political canvassers defines them as "anyone going from house to house to interview, interact, or inform another person or persons in an attempt to convince him or her to embrace or support or vote for a proposition, person, candidate, philosophy, idea, concept or organization."

The ordinance calls for anyone who wants to solicit for a commercial purpose to apply for a commercial solicitor's license at a cost of $100. Politicians and representatives of charitable organizations need not apply for a license, but would have to pay a $10 administrative fee, according to the ordinance.

In addition to the license for solicitors or the permit for political and charitable canvassers, anyone knocking on doors for those purposes will also need a photo identification badge. The soliciting or canvassing can only take place between the hours of 9 a.m. and 9 p.m.

Freehold Township officials adopted a similar solicitation ordinance but they handled the section that dealt with political canvassing a bit differently.

According to Township Administrator Tom Antus, there were some concerns about political canvassing which were discussed at length by Township Committee members.

"We realized that we could not restrict everyone from knocking on doors," Antus said, citing fire department members, first aid squad members and the delivery of goods to a home as just a few examples.

The Freehold Township ordinance does not require that politicians obtain a permit to go door-to-door, informing the public about their ideas and goals. Politicians are, however, required to obtain a copy of the township's "no knock" list which provides all the addresses of those people who do not wish to have solicitors and canvassers knocking on their doors.

"We are not prohibiting politicians from going door-to-door," Antus said. "I believe it is an inherent right of political candidates to go door-to-door, but I also feel that it is equally important to respect the wishes of individual homeowners who do not want the candidates knocking on their doors."

Antus said that in addition to the "no knock" list provided to politicians and solicitors by the township clerk, a small sticker is also provided for a resident to affix to his front door, reinforcing that he does not welcome solicitors or canvassers.

Both towns call for the municipal clerk to prepare a list of addresses of those premises where the owner and/or occupant has notified the clerk that canvassing and soliciting are not permitted. The clerks must provide the non-solicitation list to all applicants who are seeking a license or a permit for commercial, charitable, political or philanthropic solicitation.