[Adopted 10-28-2014 by Ord. No. 24-2014]
The Township of Mount Olive shall permit charitable organizations
which are located in the Township of Mount Olive and who provide benefits
to the residents of Mount Olive, as defined in N.J.S.A. 45:17A-20,
to solicit contributions generally referred to as "coin drops" in
roadways located within the Township of Mount Olive 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 located in
the Township of Mount Olive shall file an application for a permit
with the Mount Olive Township Council on a form supplied by the Mount
Olive Township Police Department. This application must be submitted
a minimum of 90 days, suggested 120 days, prior to the planned event
date for the fund-raiser. The application is required for the purpose
of 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 of operation of proposed charitable solicitation;
any potential rain or inclement weather substitution dates must also
be listed on all applications to the municipal, county, and state
government organizations.
G.
If the request involves a county roadway, the request shall include
a copy of the proposed authorization from the Morris County Board
of Chosen Freeholders to permit the charitable solicitation.
H.
If the request involves a state roadway and/or highway, the request
shall include a copy of the New Jersey Department of Transportation,
Application for Highway Occupancy (MT-120A). The applicant will need
to submit this application to the New Jersey Department of Transportation
after the necessary Mount Olive Township approval(s) and Morris County
Board of Chosen Freeholders approval is granted. The New Jersey Department
of Transportation requires this application to be submitted a minimum
of 45 days prior to the date of the requested fund-raising event.
Fee(s) associated with the application to the Department of Transportation
are the obligation of the applicant.
I.
The applicant will provide a 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 within the Township of Mount Olive.
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 Township of Mount Olive 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,
signed by the organization sponsor or responsible party, legally binding
the organization participant, which shall release and agree to indemnify
and hold harmless the Township of Mount Olive, County of Morris, State
of New Jersey, 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 and dated 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.
M.
If the event is planned on a state roadway or intersection that is
controlled by the New Jersey Department of Transportation, the application
requires a minimum of 45 days review at the state level for any "Application
for Highway Occupancy." The Township establishes the recommended submission
of the completed paperwork 120 calendar days prior to the planned
event date. No applications will be accepted if the event is within
90 calendar days of the application date, as there are several approvals
required before submission to the Department of Transportation.
N.
In the event that the proposed location for a coin drop is requested
for a roadway which is solely maintained by the Township of Mount
Olive, the applicant will need to submit the necessary applications
a minimum of 60 calendar days prior to the planned event.
No permits will be granted by the Township of Mount Olive for
more than one event, three consecutive days maximum, per calendar
month, per location for any organization.
No approved coin drop solicitation shall be permitted for longer
than three consecutive days.
No permits shall be granted by the Township of Mount Olive for
more than a maximum of two coin drop solicitations per calendar month
at a specific location. The coin drops events shall not be scheduled
on back-to-back calendar weeks. Permits may be granted on a first-come,
first-serve basis.
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 6:00 p.m.
No coin drop solicitation shall be conducted on State Route
46 or State Route 206, intersecting roadway, or state-controlled intersection
within the Township of Mount Olive without approval from the New Jersey
Department of Transportation for the specific date. The Mount Olive
Police Department will maintain a list of acceptable intersections
or locations which coin drops would be permitted for roadways or intersections
within the Township.
No applicant or organization seeking permission for a coin drop
will use any individual under the age of 18 years to perform any function
or task associated with the said charitable solicitation in any roadway.
Upon filing of a complete application and completion of the
required review by the Mount Olive Township Police Department, the
applicant shall present the application to the Mount Olive Township
Council a minimum of 90 days prior to the proposed coin drop for its
review and consideration, after which the Township Council shall grant
or deny the applicant's request by resolution. In the event the
applicant's request is approved, the Township resolution shall
be forwarded by the applicant to the state and/or county for their
necessary approval. In the event that the coin drop is approved for
a roadway which does not intersect or fall within the jurisdiction
of the county or state, the resolution shall serve as the final approval
for the coin drop. The applicant shall follow and abide by all conditions
imposed in the resolution adopted by the Township of Mount Olive Council.
Any charitable organization requesting authorization from the
Township of Mount Olive for said charitable solicitation shall comply
with all the terms and conditions of N.J.S.A. 39:4-60, N.J.A.C. 16:40
as same may be amended and supplemented.
Any charitable organization that is granted municipal, county,
or state approval for a coin drop, understands that at any point prior
to the event, during the event, or for future events; the Department
of Transportation, Morris County official, Mount Olive Municipal official,
or any law enforcement officer can order the charitable organization
to cease operations based upon, but not limited to: roadway issues,
public safety concerns, weather conditions, or traffic conditions.
This cease order does not transfer any liability or exposure to expenses
to the official who is delaying or revoking the coin drop event.
Any person engaged in solicitation activities found guilty of
violating a provision of this section shall be liable for a fine not
to exceed $100 for each day of such violation. Tickets may be written
by local police under N.J.S.A. 39:4-60. Prosecution shall take place
in the municipal court of the municipality where the solicitation
fund-raising event occurred.
A.
Solicitation shall only be permitted at signalized intersections
during daylight hours.
B.
Solicitation may not stop or impede vehicular or pedestrian traffic.
Traffic must be stopped before solicitation can begin, and cease when
traffic resumes movement. Flagmen are not permitted to be utilized
to control or regulate traffic movement.
C.
Signs and traffic control devices must be in accordance with the
latest edition of the Manual on Uniform Traffic Control Devices. Signs
advertising the solicitation may be placed approximately 500 feet
in advance. Signs must be temporary, break-away, and a maximum of
16 square feet.
D.
Only adults over the age of 18 shall be allowed in the roadway.
E.
Adults soliciting in the roadway, or within 15 feet of the roadway,
must wear properly sized, ANSI 107-2004 (or later) Class 2 or 3 high-visibility
apparel. Wearing non-ANSI-approved apparel will be reason for immediate
cessation of the event. Children may be present but must be at a safe
distance and location from the street. Decisions of the Mount Olive
Township Police Department will be final in determining the safe location.
F.
Solicitors shall be trained on safely working in traffic and any
special provisions of the solicitation permit.
G.
Solicitors may not harass the motorists or public.
H.
Solicitors shall not consume or be under the influence of alcohol
or drugs.
I.
The solicitor will be responsible for cleaning any debris from the
solicitation site within two hours of the end of solicitation.
