As used in this article, the following terms shall have the
meanings indicated:
In accordance with N.J.S.A. 45:17A-20, shall mean: (1) any
person determined by the federal Internal Revenue Service to be a
tax exempt organization pursuant to § 501(c)(3) of the Internal
Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or (2) 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.[1]
[Added 3-26-2018 by Ord. No. 18-09]
Includes the words "alms," "food," "clothes," "money," "subscription"
and "property" of any nature or kind.
Any individual, firm, copartnership, corporation, company,
association, church, religious denomination, society, class or league.
The request, directly or indirectly, for money, credit, property,
financial assistance, and other things of value on the plea or representation
that such money, credit, property, financial assistance or other things
of value will be used for a charitable and philanthropic purpose,
as defined in this article. "Solicitation" shall be deemed to be complete
when made, whether or not the person making the solicitation receives
any contribution.
[1]
Editor's Note: The former definition of "charitable and
philanthropic," which preceded this definition, was repealed 3-26-2018
by Ord. No. 18-09.
[Amended 3-26-2018 by Ord. No. 18-09]
No charitable organization shall solicit charitable and philanthropic
contributions within the Township without first having obtained a
permit authorizing public solicitations; provided, however, that the
provisions of this section shall not apply to any established charitable
organization authorized and not operated for the pecuniary profit
of any person if the solicitations by such charitable organization
are conducted among the members thereof or if the solicitations are
in the form of collections or contributions at the regular assembly
or meetings of such charitable organization.
[Amended 3-26-2018 by Ord. No. 18-09]
A.
Application for a permit to make a public solicitation of funds by
charitable organizations shall be made to the Township Clerk on forms
provided by the Township.
B.
The application herein required shall contain the following information:
(1)
The purpose for which the solicitation is to be made and the estimated
amount of funds proposed to be raised thereby.
(2)
A specific statement showing the need for the solicitation.
(3)
The name, telephone number, and address of the person or persons
who will be in direct charge of conducting the solicitation.
(4)
The names and addresses of all persons making the proposed solicitation.
(5)
A brief outline of the method to be used in conducting the solicitation.
(6)
The specific location or locations of proposed charitable solicitation. If the application is for roadside solicitation a traffic control plan, site layout plan or sketch of the roadways involved including a diagram of the proposed set up or method of solicitation must be included in accordance with § 428-25.2.
(7)
The time and dates when the solicitation shall be made, giving the
beginning and ending dates of the solicitation.
(8)
The amount of any wages, fees, commission, or expenses to be paid
to any person or organization for conducting the solicitation and
the names and addresses of all such persons.
(9)
If applicable, identify the manner in which motorist solicitations
will be conducted and the procedures to be used to ensure the safety
of members of the public who will be traveling the roadways situated
in the Township.
(10)
A full statement to the effect that, if the permit is approved,
it will not be used or represented in any way as an endorsement of
the proposed solicitation by the Township or by any of its officers
or departments.
(11)
A copy of the ruling from the Internal Revenue Service in which
it determined the organization to be a charitable organization under
the rules of the Internal Revenue Code so that donations made to such
organizations are tax deductible. If such determination has not been
applied for, the applicant shall indicate whether it intends to seek
such recognition.
There shall be no fee payable to the Township for any charitable
and philanthropic permit.
No permit may grant the right to solicit for charitable and
philanthropic contributions for a period longer than 90 consecutive
days.
Any person or organization receiving money or any other thing
of a value of $1 or more from any contributor under a solicitation
made pursuant to this article shall give to the contributor a written
receipt signed by the solicitor showing the date and the amount received.
This section shall not apply to any contribution collected by means
of a closed box or receptacle used in solicitation or where it is
impractical to determine the amount of each contribution.
[Amended 3-26-2018 by Ord. No. 18-09]
All solicitations conducted under the authority of this article
shall take place between the hours of 10:00 a.m. and 6:00 p.m., and
no solicitations shall be conducted on Sundays with the exception
of roadside solicitations. Any charitable organization desiring to
solicit at hours other than those stated herein shall make special
requests therefor on its application, and this special request shall
be approved or disapproved by the Township Council. If approval is
given by the Township Council for solicitation to be conducted at
a time other than the hours stated in this section, the approval shall
be plainly stamped on the permit issued by the Township Clerk.
[Added 3-26-2018 by Ord. No. 18-09]
Pursuant to N.J.S.A. 39:4-60, charitable organizations are authorized
to submit applications for permits for solicitation of charitable
contributions on Township roadways. Such solicitations shall not occur
on county roadways unless authorized by the Sussex County Department
of Engineering. Such solicitations shall further not occur on state
highways unless authorized by the Commissioner of Transportation of
the State of New Jersey. In the event a charitable organization soliciting
adversely affects the flow of traffic or conducts solicitation in
an unsafe manner, it shall be at the discretion of the Vernon Township
Police Department to make modifications or corrections to ensure the
safety of the persons/organizations making solicitations and the motoring
public.
[Added 3-26-2018 by Ord. No. 18-09]
Charitable organizations authorized to engage in charitable
solicitations on the Township's roadways shall abide by the following
conditions:
A.
At no time will anyone under the age of 18 participate in any solicitation
on the roadways within the Township of Vernon.
B.
At all times, any participating members of the applicant organization
must be wearing the most current DOT-approved reflective vests for
high visibility.
C.
At no time will any participating member of the applicant organization
stand in the roadway while traffic is moving or to obstruct the flow
of traffic.
D.
Participating members of the applicant organization may enter the
roadway once traffic has stopped and must return to the shoulder of
the roadway when the flow of traffic resumes.
E.
The Chief of Police or his/her designee may request that the Township
Council deny a roadside solicitation permit if the number of requests
for roadside solicitation exceeds more than one within two miles.
F.
In accordance with § 428-25.3, upon receipt of an application for roadside solicitation from a Township Ambulance or Township Fire Department, the Chief of Police or his/her designee shall have five business days from the receipt of an application to review and make any recommendation in accordance with §§ 428-25.1 or 428-25.2 of this chapter.
G.
The applicant organization may only occupy one section of any roadway
within the Township of Vernon.
H.
The applicant organization must provide a site layout plan to include
a map of the proposed location and where members will be located along
the roadway.
I.
Each application shall be submitted no less than 30 days prior to
the project event date.
[Added 3-26-2018 by Ord. No. 18-09]
When applying for a permit to make charitable solicitations, members of the volunteer fire departments and emergency medical services that service Vernon Township shall be exempt from the background check requirements outlined at § 428-26A.
