[Added 5-4-1998 by Ord. No. 98-14]
Except for charitable organizations duly permitted in accordance with this chapter and other applicable law, no person shall stand in or beside any public road or right-of-way to stop, impede, hinder or delay the progress of a vehicle or to otherwise interact with the occupants of any vehicle on any public road or right-of-way, for the purpose of soliciting the purchase of goods, merchandise or tickets or for the purpose of soliciting contributions for any cause, and the only question of law and fact in determining guilt under this section shall be whether goods, merchandise or tickets were tendered or offered for sale or whether a contribution was solicited.
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Editor's Note: Former § 160-14, Violations and penalties, as amended 10-16-1995 by Ord. No. 95-15, was renumbered as § 160-18 5-4-1998 by Ord. No. 98-14.
All charitable organizations as defined in N.J.S.A. 45:17A-20 who desire to solicit contributions in roadways situate in the City of Salem shall file an application for a permit with the City Clerk on a form supplied by said Clerk specifying the following information:
A. 
Name and tax identification number of applicant organization.
B. 
Address of applicant organization.
C. 
Telephone number of applicant organization.
D. 
Contact person for applicant organization, including name, address and day and evening phone number.
E. 
Specific location or locations of proposed charitable solicitation.
F. 
Dates and times of proposed charitable solicitation.
G. 
If said request pertains to a location or locations on any county highway or intersection of a county highway, said application shall include a copy of an authorization from the Salem County Board of Chosen Freeholders to permit said charitable solicitation.
H. 
Identify the manner in which the motorist solicitation will be conducted and the procedures to be used to ensure the safety of the members of the public who will be traveling the roadways situate in the City of Salem.
I. 
Such other information as may be required or is otherwise deemed necessary by the City Clerk in order to process the application.
A. 
Upon the filing of a complete application in accordance with the provisions of this chapter, the City Clerk shall forward a copy of the application to the Chief of Police and to the Street Department with notice of the date the application will be presented to the Council for consideration. The Chief of Police and Street Department shall review the application and shall provide the City Clerk with any recommendations regarding the same prior to the date scheduled for Council's review of the matter. The City Clerk shall present the application (and any report from the Chief of Police and/or Street Department) to the Council for its review and consideration, after which the Council shall grant or deny the applicant's request. In the event that the Council grants the applicant's request, it shall issue a permit to the applicant which shall be subject to the representations contained in the applicant's application, any specific conditions imposed by the Council and the general conditions set forth below. The Clerk shall notify the Chief of Police of the Council's action with respect to the application.
B. 
If the Council approves the application, but the location of the proposed solicitation involves a state highway or intersection thereof, it shall issue a conditional local approval permit which may be presented by the applicant to the New Jersey Department of Transportation (NJDOT) in application for an NJDOT charitable solicitation permit in accordance with NJDOT rules (presently codified at N.J.A.C. 16:40-1.1 et seq.) which must be obtained before the solicitation activity may commence. Upon the issuance of the conditional local approval permit, the Chief of Police shall sign the applicant's NJDOT application/permit.
All approved charitable solicitations shall be conducted in accordance with N.J.S.A. 39:4-60 and the regulations promulgated thereunder (presently codified at N.J.A.C. 16:40-1.1 et seq.) and including the following:
A. 
Solicitation shall be subject to the specific terms and conditions of each permit granted. Such permit shall be in possession of the solicitor during all times of solicitation and shall be available for inspection by the Police Department and/or other city officials upon request.
B. 
No person shall solicit charitable contributions on a state highway or intersection thereof without approval from the NJDOT, via the issuance of a charitable solicitation permit. Such permit shall be in possession of the solicitor during all times of solicitation and be available for inspection by local, county and state police enforcement personnel.
C. 
Solicitation shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease while traffic is moving. Use of flagmen shall be prohibited.
D. 
The solicitor shall not install any traffic control devices.
E. 
Parking of vehicles shall comply with applicable traffic regulations.
F. 
Signage shall be in accordance with NJDOT regulations (presently codified at N.J.A.C. 16:40-6.1).
G. 
All solicitors shall wear safety vests that are in accordance with NJDOT standards.
H. 
Solicitation shall only be permitted during daylight hours.
I. 
Each person soliciting charitable contributions on behalf of the charitable organization shall be at least 18 years old.
J. 
Solicitors shall not drink alcohol beverages, use drugs or be under the influence of drugs or alcohol when soliciting. Solicitors shall not harass the public.
K. 
Solicitation shall be permitted in the right-of-way, but is encouraged to be off the traveled way.
L. 
The charitable organization shall be responsible for cleaning up any debris resulting from the solicitation activity, including trash or debris in the right-of-way.
M. 
The Police Department shall be responsible for supervising solicitation activity and enforcing the terms of the solicitation permits (both local and the NJDOT permit, if applicable). The Police Department may suspend solicitation operations at any time if the permit is violated or if, in the police officer's sole discretion, traffic is being impeded or delayed or the public safety is at risk.
N. 
The city shall not be liable in any civil action for damages for property damage or personal injury resulting from any accident arising out of or in the course of solicitations.