[HISTORY: Adopted by the Township Council of the Township
of Bridgewater 10-19-2009 by Ord. No. 09-15. Amendments noted where
applicable.]
GENERAL REFERENCES
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:
Organizations which are delineated in § 166-3 below.
Organizations which are delineated in § 166-3 below.
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).
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).
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).
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:
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First Aid Ambulance and Rescue Squads
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Volunteer Fire Companies
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|---|---|
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Martinsville Rescue Squad
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Green Knolls Fire Company
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Bradley Gardens Rescue Squad
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Country Hills Fire Company
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Green Knolls Rescue Squad
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Finderne Engine Company No. 1
|
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Finderne Rescue Squad
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Bradley Gardens Fire Department
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Bound Brook Rescue Squad
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Martinsville Fire Company
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North Branch Volunteer Fire Co
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A.
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.
B.
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.
C.
Under no circumstances may an authorized charitable organization
conduct a roadway charitable solicitation without first having obtained
a permit from the Chief of Police.
D.
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.
A.
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.
B.
Each roadway solicitation event shall require the issuance of a separate
permit.
C.
The Chief of Police shall determine the hours of solicitation on
the days for which the permit has been issued.
A.
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[1] which shall be provided by the Chief of Police or the
Township Clerk.
(1)
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.
(2)
Contents of roadway solicitation permit. The application for a roadway
solicitation permit shall set forth the following information:
(a)
Name, address and telephone number of the authorized charitable
organization seeking to conduct a roadway charitable solicitation.
(b)
Date and times upon which roadway solicitation is proposed.
(c)
Method of roadway charitable solicitation. (i.e., coin toss
using blankets).
(d)
Specific location or location of proposed roadway charitable
solicitation.
(e)
Contact person for the authorized charitable organization.
(f)
Names of the persons (solicitors) conducting the roadway charitable
solicitations on behalf of the authorized charitable organization
at each proposed location.
(g)
Any additional information which the Chief of Police shall find
reasonably necessary for the fair determination as to whether a permit
should be issued.
[1]
Editor's Note: Said form is on file in the Township offices.
B.
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.
C.
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.
D.
Permit requirements.
(1)
The Chief of Police is hereby authorized to sign the charitable solicitation
permit on behalf of the Township.
(2)
The Chief of Police has been consulted and shall be responsible for
supervising the solicitation and enforcing the terms of the charitable
solicitation permit.
(3)
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.
A.
The Chief of Police may deny a permit based on the following reasons:
(1)
To ensure that traffic flow is not unreasonably impeded, interrupted,
or delayed;
(2)
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;
(3)
The solicitation would interfere with construction activity; or
(4)
To protect the public safety.
B.
If the Chief of Police denies a permit, the notice of denial will
set forth the reasons for the denial.
C.
An applicant who has been denied a roadway charitable solicitation
permit may appeal such denial to the Township Council of the Township
of Bridgewater.
D.
The applicant may submit a written request for reconsideration by
the Chief of Police, within 30 days of denial of a permit.
E.
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.
A.
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.
B.
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.
C.
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.
D.
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
E.
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.
F.
The authorized charitable organization shall be responsible for cleaning
up any of their debris from the roadway.
G.
Solicitation shall only be permitted during daylight hours, subject
to the hours of solicitation set forth in the permit.
H.
Solicitors shall not drink alcoholic beverages, use drugs or be under
the influence of drugs or alcohol when soliciting.
J.
Solicitors shall not touch any vehicle or rap on any window or in
any way intimidate the occupants of any automobile.
A.
All solicitors
shall wear safety vests that are in accordance with Department standards.
B.
Parking of vehicles shall comply with applicable traffic regulations.
Off-site parking shall be utilized wherever feasible.
C.
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.
D.
The solicitors shall not install any traffic control devices.
A.
Signs advertising the roadway solicitation are permitted, but they
must be of temporary construction and breakaway to the extent possible.
B.
Signage shall be a maximum of 16 square feet.
C.
Signage shall be in accordance with the temporary signage standards
contained in the Manual on Uniform Traffic Control Devices.
E.
Signs shall not be permitted in the traveled way or in medians less
than eight feet in width.
F.
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.
