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.
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.
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.