[Adopted 11-14-2000 by Ord. No. 2000-26 (Ch. 190, Art. III,
of the 1986 Code)]
A.
Charitable organizations, as defined in N.J.S.A. 45:17A-20, shall
be permitted to solicit contributions in the right-of-way of a local
road located in the Borough of Wood-Ridge, except those determined
to be inappropriate by the Police Chief of the Borough of Wood-Ridge.
Solicitation shall be 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.
B.
To solicit contributions in the right-of-way, the charitable organization
shall have approval in advance from the Borough of Wood-Ridge in accordance
with the provisions of this article. Such authorization shall not
permit the charitable solicitation on any county highway or intersection
thereof without the approval of the County Board of Chosen Freeholders.
Such authorization shall not permit the charitable solicitation on
any state highway or intersection thereof without the approval of
the Department of Transportation.
C.
To obtain approval from the Borough of Wood-Ridge, the charitable
organization shall obtain a charitable solicitation permit from the
Borough Clerk and/or Police Chief and/or his designee, subject to
the terms and conditions specified herein.
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
The Borough of Wood-Ridge.
Any person determined by the Federal Internal Revenue Service
to be a tax-exempt organization pursuant to Section 501(c)(3) of the
Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
Any person who is, or holds himself out to be, established for
any benevolent, philanthropic, humane, social welfare, public health
or other eleemosynary purpose, or for the benefit of law enforcement
personnel, firefighters or other persons who protect the public safety,
or any person who in any manner employs a charitable appeal as the
basis of any solicitation or an appeal which has a tendency to suggest
there is a charitable purpose to any such solicitation.
Any purpose described in Section 501(c)(3) of the Internal Revenue
Code of 1986, 26 U.S.C. § 501(c)(3); or
Any benevolent, philanthropic, humane, social welfare, public
health or other eleemosynary objective or an objective that benefits
law enforcement personnel, firefighters or other persons who protect
the public safety.
A permit issued by the Borough of Wood-Ridge pursuant to
this article.
The New Jersey Department of Transportation.
A multilane, divided highway having a minimum of two lanes
in each direction and limited access.
A public right-of-way, whether open or improved or not, including
all existing factors of improvements.
A Borough roadway property and property rights, including
easements, owned and controlled by the Borough of Wood-Ridge.
The portion of the roadway that lies between the edge of
the traveled way and curbline, excluding auxiliary lanes.
A road owned, taken over, controlled, built, maintained or
otherwise under the jurisdiction of the Department of Transportation.
The portion of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
A.
No person shall solicit charitable contributions on a Borough roadway
or intersection without approval from the Borough of Wood-Ridge 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.
B.
Charitable solicitation permits shall be granted only to charitable
organizations soliciting for charitable purposes.
C.
Each person soliciting charitable contributions on behalf of the
charitable organization shall be at least 18 years old.
D.
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
E.
Solicitation shall be permitted on a Borough right-of-way, but is
encouraged to be off the traveled way.
F.
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.
G.
The charitable organization shall be responsible for cleaning up
any debris from the right-of-way.
H.
Solicitation shall only be permitted during daylight hours.
I.
State, county, local police or the Department of Transportation may
suspend solicitation operations at any time if any condition of the
permit is violated or if, in the police officer's or the Borough's
sole discretion, traffic is being impeded or delayed or the public
safety is at risk.
J.
Solicitors shall not drink alcoholic beverages, use drugs or be under
the influence of drugs or alcohol when soliciting. Solicitors shall
not harass the public.
K.
The Borough of Wood-Ridge shall not be liable in any civil action
for damages for property damage or personal injury resulting from
a motor vehicle accident arising out of or in the course of solicitations
for the purpose of soliciting contributions conducted by a charitable
organization as defined pursuant to N.J.S.A. 45:17A-20.
A.
Source of permits. Requests for permits shall be referred to the
Police Chief of the Borough of Wood-Ridge and/or his designee.
B.
Application requirements.
(1)
An applicant shall complete the proper application form and submit
same to the Police Chief and/or his designee.
(2)
An application shall not be considered to have been submitted, and
processing of a permit application shall not begin, unless and until
the proper fee for the application has been submitted and the application
is complete.
(3)
All applications shall be reviewed and either approved or denied
within 45 days of their submission in complete form; however, the
Borough will make its best efforts to process charitable solicitation
permits in less time. The time for Borough review may be extended
with the written consent of the applicant.
(4)
The charitable solicitation permit shall be signed by the Police
Chief or his designee in order that said permit be properly validated.
The Borough of Wood-Ridge has consulted with the Police Chief and/or
his designee and, with respect to same, asserts that the Police Chief
and/or his designee shall be responsible for supervising the solicitation
and enforcement of the terms of the charitable solicitation permit.
(5)
If the charitable solicitation is proposed at the intersection of
a state highway and a county route, the application form shall also
be accompanied by written approval from the County Board of Chosen
Freeholders.
(6)
If the charitable solicitation is on the border of two or more municipalities and/or counties, municipal ordinances and county freeholder approvals from each municipality and each county shall accompany the application. The county freeholder approvals shall only be required if the conditions set forth in Subsection B(5) above are met.
(7)
The application form, municipal ordinance(s) and county approval(s)
shall specify the location, date(s), duration and time(s) of proposed
charitable solicitation. One application form may cover multiple dates
during the same calendar year. Seasonal applications are encouraged
by the Borough of Wood-Ridge.
A.
All solicitors shall wear safety vests that are in accordance with
NJDOT standards.
B.
Parking of vehicles shall comply with applicable traffic regulations.
The Borough recommends off-site parking.
C.
The Borough recommends coin tosses using blankets located off the
traveled way as the safest method of solicitation.
D.
The solicitor shall not install any traffic control devices.
A.
Signs advertising the roadway solicitation are permitted, but they
must be of a temporary construction and breakaway to the extent possible.
B.
Signs 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, 1988 or
superseding issue, available through the Superintendent of Documents,
United States Government Printing Office, Washington, D.C. 20402.
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 a solicitation shall be
removed immediately following the solicitation event.
The Borough of Wood-Ridge may impose special conditions on any
charitable solicitation permit to preserve and protect the public
safety and the free flow of traffic on its roadways.
A.
The Borough of Wood-Ridge 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.
(4)
To protect the public safety.
B.
If the Borough of Wood-Ridge denies a permit, the denial letter shall
set forth the reasons for the denial. The Borough shall not unreasonably
withhold approval.
An applicant who has been denied a charitable solicitation permit
may appeal such denial to the Mayor and Council of the Borough of
Wood-Ridge. The applicant shall submit a written request for reconsideration
within 30 days of denial of a permit. The Mayor and Council may provide
the opportunity to meet with representatives of the charitable organization.
The Mayor and Council shall render a decision in writing to the organization
within 15 days of such meeting or within 30 days of receipt of the
written request if there is no meeting.
Any person who violates, disobeys, omits, neglects or refuses to comply with the provisions of this article or any order, decision or determination by the Police Chief, his designee or the governing body and who refuses to abate the violations shall, for each and every violation, be subject to the violation and penalty provisions set forth in § 1-3 of the Wood-Ridge Code. The cost of prosecution may be recovered by the Borough in any civil action.
This article is to be read in pari materia with the provisions of the Wood-Ridge Code set forth in Article I and Article II of this chapter, except that any conflict between the provisions in those articles and the specific provisions set forth in this article shall be and are hereby intended to be specifically preempted by the terms herein.
