The City of Somers Point shall permit charitable organizations
situate in the City of Somers Point and providing benefits to the
citizens of Somers Point, as defined in N.J.S.A. 45:17A-20, to solicit
contributions generally referred to as "coin drops" in roadways situate
in the City of Somers Point in accordance with the provisions contained
herein.
All charitable organizations, as defined in N.J.S.A. 45:17A-20,
which desire to solicit such contributions in roadways situate in
the City of Somers Point shall file an application for a permit with
the Somers Point Municipal Clerk on a form supplied by said Clerk
for that purpose, specifying the following information:
A.
Name of applicant organization.
B.
Address of applicant organization.
C.
Telephone number of applicant organization.
D.
Contact person for applicant organization.
E.
Specific location(s) of proposed charitable solicitation.
F.
Date(s) and time(s) of proposed charitable solicitation.
G.
If said request involves a county roadway and/or highway, said request
shall include a copy of an authorization from the Atlantic County
Board of Chosen Freeholders to permit said charitable solicitation.
H.
If said request involves a state roadway and/or highway, said request
shall include a copy of an authorization from the State of New Jersey
Commissioner of Transportation to permit said charitable solicitation.
I.
List of all proposed safety regulations, safety devices and training
for individuals who shall participate in the charitable solicitation
and/or a report as to the procedures to be used to ensure the safety
of the members of the public who will be traversing the roadways and/or
highways of the City of Somers Point.
J.
A certificate of insurance issued by an insurance company duly licensed
in the State of New Jersey. The certificate of insurance must provide
general liability insurance in an amount of not less than $1,000,000.
The City of Somers Point shall be listed as an additional insured
on the certificate and an endorsement to the insurance policy.
K.
A signed,
dated and notarized release and indemnification agreement, in a form
specified by the City and signed by the organization sponsor or responsible
party, legally binding the organization participant, which shall release
and agree to indemnify and hold harmless the City of Somers Point,
its agents, servants, employees and elected and appointed officials
from any and all liability of any kind from injury or physical harm,
including death, and damage to property occurring from or alleged
to arise out of the event.
L.
A signed,
dated and notarized certification signed by the organization sponsor
or responsible party stating that no person under the age of 18 years
of age will be permitted to engage in any coin drop activity within
a public right-of-way or on adjacent berms or walkways.
No charitable organization shall be permitted to conduct more
than one such coin drop solicitation per year.
No approved coin drop solicitation shall be permitted for longer
than a maximum of four consecutive days.
No permits shall be granted by the City Clerk for more than
a maximum of two coin drop solicitations per calendar month.
All approved coin drop solicitations shall be conducted only
during daylight hours and shall commence no earlier than 9:00 a.m.
and be concluded no later than 8:00 p.m.
No coin drop solicitation shall be conducted on any state road
or highway situate within the City of Somers Point other than at the
intersection of State Highway Route 9 and State Road Number 52; and
it shall be further subject to receipt of approval from the Director
of the New Jersey Department of Transportation authorizing and approving
the date, place and time for such coin drop.
[Amended 6-12-2014 by Ord. No. 19-2014]
All requests for authorization shall be reviewed by the Chief
of Police or his designee of the City of Somers Point, and said Chief
shall make a recommendation by written report to the City Clerk of
the City of Somers Point as to the relative aspects of the request,
including a review of the location, dates and times of the request
and a review of the safety procedures and/or methods to be employed
by the said charitable organization. The report to the City Clerk
of the City of Somers Point shall include his/her opinion on the granting,
rejecting or modification of any such proposed charitable solicitation.
[Amended 6-12-2014 by Ord. No. 19-2014]
A.
Upon filing of a complete application and completion of the required
review by the Chief of Police or his/her designee, if the applicant's
request is approved, a permit shall issue to the applicant by the
City Clerk, which shall be subject to the representations contained
in the applicant's application and any conditions imposed in
the report submitted by the Chief of Police.
B.
In the event the application is not complete in all respects required by § 202-1 or in the event the report submitted by the Chief of Police rejects the request, no permit shall be issued unless and until the deficiencies have been corrected and approved by the City Clerk and the Chief of Police.
In no event shall any charitable organization requesting authorization
from the City of Somers Point for said charitable solicitation use
any individual under the age of 18 years to perform any function or
task associated with the said charitable solicitation in any roadway.
Any charitable organization requesting authorization from the
City of Somers Point for said charitable solicitation shall comply
with all the terms and conditions of N.J.S.A. 39:4-60, as same may
be amended and supplemented.
This article is adopted pursuant to N.J.S.A. 39:4-60.
