[Adopted 3-21-2017 by Ord. No. 17-2504]
A.
Charitable organizations shall be permitted to solicit contributions
in the right-of-way of municipal and county roads with approval of
the Borough and county, when applicable. 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.
Scope. These rules apply to charitable organizations as that term
is defined in N.J.S.A. 45:17A-20.
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise.
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 or herself out to be, established
for any benevolent, philanthropic, humane, social welfare, public
health, or other charitable 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
that 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 charitable objective or an objective that benefits
law enforcement, personnel, firefighters, or other persons who protect
the public safety.
A permit issued by the Borough pursuant to this article.
The Bergenfield Police Department and Borough Clerk.
The portion of the roadway that lies between the edge of
the traveled way and curbline, excluding auxiliary lanes.
The portion of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
No person shall solicit charitable contributions on a Borough
or county road or intersection thereof without approval from the Borough
and/or county where applicable.
The application will be rejected if the following is not met
or if:
A.
There is reason to believe that traffic would be unreasonably impeded,
interrupted or delayed.
B.
The turning movements, traffic densities and/or speeds of the particular
highway or intersection do not permit the safe interaction between
the solicitor and vehicular traffic.
C.
Solicitation would interfere with a construction project or activity.
D.
There exists a public safety concern.
E.
If the Borough denies a permit, the notice of denial will set forth
the reasons for the denial.
A.
The Borough reserves the right to suspend or terminate solicitation
operations at any time if any condition of the permission is violated
or if, in the judgment of the Borough Police, county police or the
Bergen County Director of Public Safety, traffic is being impeded
or delayed or the public safety is at risk.
B.
Failure to comply with any of the provisions of roadway solicitations
of the New Jersey Administrative Code or N.J.S.A. 39:4-60 and/or the
regulations of the Department of Transportation previously referenced
may be grounds for immediate termination of the event by the appropriate
municipal authorities for the municipality or the Bergen County Director
of Public Safety.
A.
All such organizations as defined above who seek to solicit contributions
in roadways situated in the Borough of Bergenfield shall be required
to first obtain a permit authoring such activity pursuant to the procedures
set forth herein as follows:
(1)
At least 30 days prior to the conduct of the requested activity,
the applicant shall file a letter requesting authorization to the
office of the Borough Clerk (or application to be determined by the
Police Department).
(2)
The letter shall require Mayor and Council authorization at a public
meeting.
(3)
The application shall specify:
(a)
Name of the organization.
(b)
The address of the organization.
(c)
Name and telephone number of the contact person designated by
the organization for the coordination of the roadway solicitation
activities so requested.
(d)
Date, time and duration of the proposed charitable solicitation.
(e)
Identification of the public charitable purpose to be served
by the proposed solicitation.
(f)
Identification of all persons participating in the charitable
solicitation.
B.
The Borough shall have the right to modify the times of solicitation
so requested by the applicant and to impose reasonable conditions
upon the conduct of such activities as may be deemed necessary to
promote the health, safety, and welfare of motorists and solicitors.
Such modifications, requirements and/or conditions, if any, shall
be set forth on the permit so issued.
In-roadway charitable solicitation activities shall be limited
to Saturdays and Sundays only, and shall be conducted for a period
of no more than four hours per day, consecutive or otherwise, between
the hours of 8:00 a.m. through 4:00 p.m.
The Traffic Division of the Bergenfield Police Department may
regulate the conduct of all charitable solicitation activities permitted
in accordance with the procedures established herein, and may, in
its discretion, order the termination or cancellation of such charitable
solicitation activities so permitted on the basis of weather conditions,
darkness or any other unforeseeable circumstances which, in the determination
of the police officer, may compromise the health, safety, and welfare
of motorists and/or solicitors.
The Traffic Division of the Bergenfield Police Department shall
promulgate, and may, from time to time, amend and supplement rules
and regulations governing the conduct of in-roadway charitable solicitation
activities, which rules and regulations shall, at a minimum, contain
the following requirements:
A.
Each person soliciting charitable contributions on behalf of the
charitable organization shall be at least 18 years old.
B.
Only one adult solicitor shall be permitted in any given lane of
traffic.
C.
A maximum of four adult solicitors shall be permitted to be present
at any intersection simultaneously, with each of the four adult solicitors
to be situated at the north, east, south, and west quadrants of any
intersection at any given time.
D.
All solicitors shall be required to wear yellow vests at all times
during the duration of the solicitation event, which shall be made
available through the Bergenfield Police Department.
E.
The use of electronic devices such as cell phones, portable music
players, or wireless communications devices shall be prohibited at
all times as to all persons in lanes of traffic.
F.
At least one responsible contact person shall be present and accessible
at all solicitation sites.
G.
Solicitors shall not engage motorists in extended conversations so
as to unduly delay traffic.
No charitable organization shall be permitted to conduct an
in-roadway charitable solicitation event more than two times in any
calendar year.
Any charitable organization requesting authorization from the
Borough of Bergenfield to conduct in-roadway solicitation activities
shall comply with all the terms and conditions of N.J.S.A. 39:4-60,
and any other applicable law, as well as all of the terms and conditions
specified by the permit authorizing such conduct and the terms of
this article. Any permit granted in accordance with the terms of this
article shall be valid for the locations, times and dates specified
therein and no solicitations other than as set forth therein shall
be permitted.
The Police Department 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.
Except as may be provided in this article, no solicitations
along or on the roadways of the Borough of Bergenfield shall be permitted.
Any person and/or organization who shall engage in roadway solicitation
activities within the Borough of Bergenfield without first obtaining
the permit required by operation of this article, or who shall violate
of the terms and conditions set forth in a coin-toss permit issued
in accordance with this article, shall be submitted to a fine of $100
by the Borough of Bergenfield.
