[Adopted 12-16-1999 by Ord. No. 28-1999]
A.
Pursuant to the authority granted to the Township
Council under N.I.S.A. 39:4-60, first aid/emergency squads and fire
companies which receive funding from the Township of Pemberton, provide
services to the residents of Pemberton Township, qualify as nonprofit
organizations and qualify as charitable organizations within the meaning
of N.J.S.A. 39:4-60 are hereby authorized to so contributions in the
roadways of the Township of Pemberton, subject, however, to the permit
process set forth below.
B.
No other organization other than voluntary first aid/emergency
squads or fire companies shall be permitted to engage in roadway solicitations
within the Township of Pemberton.
A.
Every entity subject to the provisions of this article
shall, prior to engaging in any roadway solicitation, file with the
Chief of Police an application in writing, which shall provide the
following information:
(1)
Name, address and date of birth of each and every
person who engage in the roadway solicitations on behalf of the charitable
organization.
(2)
A brief description of the nature of the activity
to be conducted.
(3)
The hours and location(s) for which the authority
to solicit is requested, including rain dates.
(4)
A photograph of each person who will be engaged in
the solicitation on behalf of the organization, which photograph can
be taken by the Police Department.
B.
Each application shall be signed by the Fire Chief,
in the case of the Volunteer Fire Department, or by the President
of the Association, in the case of the First Aid/Emergency Squad.
A.
Application review; permit issuance.
(1)
Upon receipt of any application, the Chief of Police
shall review the application as deemed necessary to ensure the protection
of the public safety and general welfare.
(2)
If the Chief of Police finds the application to be
satisfactory, the Chief shall endorse his/her approval on the application
and shall deliver the required permit to the applicant. A copy of
each such permit shall be filed with the Township Clerk. The permit
shall show the name, address and photograph of each individual who
shall be authorized to engage in the roadway solicitation; the date
of the issuance of the permit, the date of the solicitation activity
which is permitted and the location of said solicitation.
B.
Denial of permit to organization. Upon review of the
application by the Chief of Police, the Chief may refuse to issue
a permit to an applicant for any of the following reasons:
(1)
The location and time of solicitation would endanger
the safety and welfare of the solicitors, peddlers or the persons
from whom they seek to solicit contributions.
(2)
An investigation reveals that the applicant has falsified
information on the permit application.
(3)
There is no proof as to the authority of the applicant
to serve as an agent or principal of the first aid/emergency squad
or fire company.
(4)
The applicant has been denied a permit under this
article within the immediately preceding year, unless the applicant
can and does show to the satisfaction of the Chief of Police that
the reason for the earlier denial no longer exists.
C.
Denial of permit with respect to individual(s). Upon
review of the application by the Chief of Police, the Chief may refuse
to include an individual or individuals within the scope of the permit
for any of the following reasons:
(1)
If an individual or individuals for whom permission
is sought to solicit has been convicted of an indebtable offense,
disorderly persons offense or a criminal violation involving a sex
offense, trafficking a controlled dangerous substances or any violent
acts against persons or property wherein such conviction(s) were entered
within 10 years preceding the date of application.
(2)
If an individual or individuals for whom permission
is sought to solicit has received judgment against them, or has been
convicted, for fraud, deceit or misrepresentation wherein such judgment(s)
or conviction(s) has been entered within 10 years preceding the date
of the application.
Solicitation events that receive permits pursuant
to this article shall abide by the following limitations, applicable
to all solicitations:
A.
No minors shall be permitted to solicit pursuant to
the terms of this article or any permit issued hereunder.
B.
No ambulance, fire truck or other emergency vehicle
may be parked in the area of solicitation if such parking violates
the terms of N.J.S.A. 39:4-60 or any other state statute.
C.
Solicitation shall only occur at controlled intersections
wherein the flow of traffic is regulated by stop signs and/or traffic
lights. Solicitor shall use cones and reflective vests as appropriate.
D.
Each highway, intersection or sections thereof covered
by a permit for solicitation issued under this article shall be adequately
marked by clear and appropriate signage indicating the solicitation
of donations for the benefit of the organization. Said signs shall
be erected and maintained by the applicant.
E.
Roadway solicitation, otherwise permitted by authority
of a permit issue under this article, shall be ceased in adverse weather
conditions including but not limited to ice, rain, snow, sleet and
hail.
A separate permit shall be required by each
first aid/emergency squad and each volunteer fire company for each
solicitation event. Nothing in this article shall prevent applicants
from submitting more than one application at a time for separate events
throughout the year.
Every entity required to obtain a permit under
the provisions of this article shall exhibit the permit when requested
to do so by any perspective contributor or Police Department employee.
The individual in charge of solicitation event shall be responsible
to produce the permit on demand.
This article does not abrogate the responsibility
of any first aid/emergency or fire company that intends to solicit
on any county highways or intersection of any county highway to obtain
the approval from the Board of Chosen Freeholders as required by N.J.S.A.
39:4-60. As such, the township will apply to the county on behalf
of the applicant when a county highway is involved. Similarly, this
article does not abrogate the responsibility of the organizations
included within this article who intend to solicit on any state highway
or intersection of a state highway from obtaining the approval of
the Commissioner of Transportation. As such, the township will apply
to the state on behalf of the applicant when a state highway is involved.
Notice of the regulations and provisions of
this article shall be given to all applicants for permits for solicitation.
This article shall be implemented and enforced by the Chief of Police
of the Township of Pemberton or his designee.
As provided by N.J.S.A. 39:4-60, and notwithstanding
any other provision of the law to the contrary, the Township of Pemberton
shall not be liable in civil action for damages for property damage
or personal injury resulting from motor vehicle accidents arising
out of or in the course of roadway solicitations for the purpose of
soliciting contributions conducted by organizations covered by this
article.
A.
Violations and penalties. It shall be unlawful for
any person to solicit in or around public roadways in violation of
this article. Any person who does so solicit in the public roadway
in violation of this article shall be subject to a fine of not less
than $100 nor more than $200 for each violation.
B.
Other applicable laws.
(1)
No provision of this article shall be construed or
interpreted to allow solicitation where it is otherwise restricted
by superseding laws.
(2)
No provision of this article shall be construed to
authorize or permit any person to stand in or to allow a vehicle to
stand in any highway where the same is or shall be prohibited by any
other provisions of the New Jersey Motor Vehicles Laws, Title 39,
or by any amendment thereof or supplement thereto, or by any ordinance,
resolution, regulation or amendment duly adopted pursuant to authority
thereunder.
