[HISTORY: Adopted by the Township Council of the Township of Bridgewater 10-19-2009 by Ord. No. 09-15. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 154.
The purpose of the within chapter is to authorize and delineate the requirements and process by which certain charitable nonprofit volunteer service organizations within the Township shall be permitted to solicit contributions in the roadway of a highway or intersection within the Township subject to certain restrictions and conditions, pursuant to a roadway charitable solicitation permit issued by the Township.
As used in this chapter, the following terms shall have the meanings indicated:
- CHARITABLE SOLICITATION PERMIT
- A permit issued by the New Jersey Department of Transportation to solicit contributions on state roadways in accordance with N.J.A.C. 16:40-1.1 et seq.
- The New Jersey Department of Transportation.
- A public right-of-way, whether open or improved or not, including all existing factors of improvements (taken from N.J.A.C. 16:40-2.1).
- A state highway property and property rights, including easements, owned and controlled by the Department (taken from N.J.A.C. 16:40-2.1).
- ROADWAY CHARITABLE SOLICITATION PERMIT
- The permit issued by the Township of Bridgewater pursuant to this chapter.
- The portion of the roadway that lies between the edge of the traveled way and curbline, excluding auxiliary lanes (taken from N.J.A.C. 16:40-2.1).
- STATE HIGHWAY
- A road owned, taken over, controlled, built, maintained or otherwise under the jurisdiction of the Department (taken from N.J.A.C. 16:40-2.1).
- TRAVELED WAY
- The portion of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lanes (taken from N.J.A.C. 16:40-2.1).
The following charitable nonprofit volunteer service organizations are hereby permitted to solicit contributions in the roadways and highways within the Township subject to the requirements, restrictions and conditions contained herein:
Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-1.1, authorized charitable organizations are hereby permitted to solicit contributions in the right-of-way of a highway located within the Township subject to the provisions and restrictions contained in this chapter.
The within authorization is subject to the regulations promulgated by the Department in consultation with the Division of Highway Traffic Safety, as set forth in N.J.A.C. 16:40-1.1 to 16:40-11.1.
Under no circumstances may an authorized charitable organization conduct a roadway charitable solicitation without first having obtained a permit from the Chief of Police.
In accordance with N.J.A.C. 16:40-3.1, in order to obtain the approval of the Department of Transportation for a state permit for state roadways, the charitable organization must have prior approval from the Township of Bridgewater in accordance with its ordinance since that state roadway is also located within the Township.
No single permit may be issued for more than two days. No authorized charitable organization will be given more than one permit within a calendar year.
Each roadway solicitation event shall require the issuance of a separate permit.
The Chief of Police shall determine the hours of solicitation on the days for which the permit has been issued.
An authorized charitable organization seeking issuance of a roadway solicitation permit shall file an application with the Chief of Police on the form attached hereto as Appendix A which shall be provided by the Chief of Police or the Township Clerk.
An application for a roadway solicitation permit shall be filed with the Chief of Police not less than three days before the date upon which it is proposed to conduct such roadway solicitation.
Contents of roadway solicitation permit. The application for a roadway solicitation permit shall set forth the following information:
Name, address and telephone number of the authorized charitable organization seeking to conduct a roadway charitable solicitation.
Date and times upon which roadway solicitation is proposed.
Method of roadway charitable solicitation. (i.e., coin toss using blankets).
Specific location or location of proposed roadway charitable solicitation.
Contact person for the authorized charitable organization.
Names of the persons (solicitors) conducting the roadway charitable solicitations on behalf of the authorized charitable organization at each proposed location.
Any additional information which the Chief of Police shall find reasonably necessary for the fair determination as to whether a permit should be issued.
Editor's Note: Said form is on file in the Township offices.
If the proposed roadway charitable solicitation is to be conducted upon any county highway or intersection, the authorized charitable organization must submit evidence of approval by the Somerset County Board of Freeholders pursuant to N.J.S.A. 39:4-60.
If the proposed roadway charitable solicitation is to be conducted upon any state highway or intersection, the authorized charitable organization must submit evidence of approval in the form of a charitable solicitation permit received from the Department under N.J.A.C. 16:40-1.1 et seq.
The Chief of Police is hereby authorized to sign the charitable solicitation permit on behalf of the Township.
The Chief of Police has been consulted and shall be responsible for supervising the solicitation and enforcing the terms of the charitable solicitation permit.
The roadway solicitation permit issued by the Township and the charitable solicitation permit issued by the Department shall be in the possession of the solicitor for the authorized charitable organization during all times of solicitation and be available for inspection by the state, county and Bridgewater Township police enforcement personnel.
The Chief of Police may deny a permit based on the following reasons:
To ensure that traffic flow is not unreasonably impeded, interrupted, or delayed;
The design of the particular highway and/or intersection, turning movements, traffic densities, and/or speeds do not permit the safe interaction between the solicitor and vehicular traffic;
The solicitation would interfere with construction activity; or
To protect the public safety.
If the Chief of Police denies a permit, the notice of denial will set forth the reasons for the denial.
An applicant who has been denied a roadway charitable solicitation permit may appeal such denial to the Township Council of the Township of Bridgewater.
The applicant may submit a written request for reconsideration by the Chief of Police, within 30 days of denial of a permit.
The Township Council shall render a decision, in writing, to the organization within 15 days of receipt of a written request.
The Township is waiving the imposition of any fees in connection with this solicitation.
Solicitation of contributions is prohibited along traffic circles or highway segments determined to be inappropriate by the Chief of Police or his or her designee in the interest of public safety.
Solicitation is permitted only at signalized intersections or when the existing traffic control device causes temporary interruption in the flow of normal traffic, such as at the opening of a movable bridge.
The Chief of Police may suspend solicitation operations at any time if any condition of either state, county or municipal permit is violated or if, in the Chief of Police's sole discretion, traffic is being impeded or delayed or the public safety is at risk.
Solicitation shall be subject to the specific terms and conditions of each permit granted.
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 a flagman shall be prohibited.
The authorized charitable organization shall be responsible for cleaning up any of their debris from the roadway.
Solicitation shall only be permitted during daylight hours, subject to the hours of solicitation set forth in the permit.
Solicitors shall not drink alcoholic beverages, use drugs or be under the influence of drugs or alcohol when soliciting.
Solicitors shall not touch any vehicle or rap on any window or in any way intimidate the occupants of any automobile.
All solicitors shall wear safety vests that are in accordance with Department standards.
Parking of vehicles shall comply with applicable traffic regulations. Off-site parking shall be utilized wherever feasible.
Coin tosses using blankets located off the traveled way are the preferred method of solicitation. All other methods of solicitation shall require the approval of the Chief of Police and shall be set forth in the permit issued.
The solicitors shall not install any traffic control devices.
Signs advertising the roadway solicitation are permitted, but they must be of temporary construction and breakaway to the extent possible.
Signage shall be a maximum of 16 square feet.
Signage shall be in accordance with the temporary signage standards contained in the Manual on Uniform Traffic Control Devices.
Signs shall not be permitted in the traveled way or in medians less than eight feet in width.
All signs warning, noticing or advertising solicitations shall be removed within 24 hours following the solicitation event day.
The Township of Bridgewater shall not be liable in any civil action for damages for personal injury or property damage resulting from a motor vehicle accident arising out of or in the course of solicitations for the purpose of soliciting contributions conducted by the organization as defined in this chapter.
Any person guilty of violating a provision of this chapter shall be liable for a fine not to exceed $100 for each day of such violation.