[HISTORY: Adopted by the Mayor and Council of the Township
of Winslow 9-28-99 as Ord. No. 0-15-99. Amendments noted where applicable.]
Charitable organizations, as defined in N.J.S.A. 45:17A-20,
shall be permitted to solicit contributions for charitable purposes
in the right-of-way of a road or highway maintained or under the jurisdiction
of the New Jersey Department of Transportation or the Camden County
Board of Chosen Freeholders or the Township of Winslow subject to
the charitable organization obtaining prior written approval and/or
permit from the governmental entity having jurisdiction over the road
or highway.
A.
In the case of any State road or highway or intersection thereof,
a charitable solicitation permit shall be obtained from the Department
of Transportation in accordance with the provisions of N.J.A.C. 16:40-4.1
et seq., together with the applicant complying with the requirements
of this chapter.
B.
In the case of any County road or highway or intersection thereof,
an approval in writing and/or permit shall be obtained from the Camden
County Board of Chosen Freeholders in accordance with rules and regulations
established by it, together with the applicant complying with the
requirements of this chapter.
C.
In the case of any State, County or municipal road or highway or
intersection thereof, a township resolution of consent and permit
shall be obtained in accordance with the rules and regulations established
in this chapter.
D.
Solicitation shall be subject to any specific terms and conditions
of the permit granted by the State, County or township. The State,
County and/or township permit, as applicable, shall be in the possession
of the responsible individual on site during all times of solicitation
and be available for inspection by State, County and/or township law
enforcement officers.
The following rules and regulations shall apply to charitable
organizations soliciting under the terms of this chapter regardless
of whether it is a State, County or township roadway.
A.
Charitable organizations shall solicit only for charitable purposes.
B.
Solicitations shall be permitted only at signalized intersections
or when an existing traffic control device causes temporary interruption
in the flow of normal traffic, such as at the opening of a movable
bridge.
C.
Each person soliciting charitable contributions on behalf of a charitable
organization shall be at least eighteen (18) years old.
D.
Solicitation is encouraged to be off the traveled way.
E.
Solicitors shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease when traffic is moving. The use of flagmen is prohibited.
F.
Solicitation shall only be permitted during daylight hours.
G.
State, County, local law enforcement officers or representatives
of the Department of Transportation may suspend solicitation operations
at any time if any condition of the permit is violated, or, if in
the local law enforcement officer's sole discretion or the State
or County's sole discretion, traffic is being impeded or delayed
or the public safety is at risk.
H.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol while soliciting.
I.
Solicitors shall not harass the public.
J.
All solicitors shall wear safety vests that are in accordance with
Department of Transportation standards.
K.
Parking of vehicles used as part of the solicitation shall comply
with applicable traffic regulations and any directive issued by the
local Police Department.
L.
Solicitors shall not install any traffic control devices.
M.
Signs advertising the roadway solicitation are permitted, providing
the signs are of a temporary construction and breakaway to the extent
possible. Signs shall be a maximum of sixteen (16) square feet. Signage
shall be in accordance with the temporary signage standards contained
in the manual of Uniform Traffic Control Devices, 1988 or superseding
issue. At least two (2) warning signs shall be required and placed
as follows:
(1)
"CHARITABLE SOLICITATIONS 500 FEET AHEAD"
(2)
The second sign following shall identify the name of the charitable
organization.
(3)
Signs shall not be permitted in the traveled way or in medians less
than eight (8) feet in width. All signs warning, noticing or advertising
a solicitation shall be removed immediately following the solicitation
event.
N.
The charitable organization shall be responsible for cleaning up
any debris from the right-of-way.
O.
Any other requirement as may be determined necessary by the Township
Police Department.
If the charitable solicitation is proposed at the intersection
of a State and County highway, the charitable organization must obtain
written approval from both the New Jersey Department of Transportation
and the Camden County Board of Chosen Freeholders.
If the charitable solicitation is proposed at the border of
Winslow Township and any other municipality, the charitable organization
must also obtain approval for the solicitation from the adjoining
municipality.
A copy of the application form or letter of request filed with
the New Jersey Department of Transportation or the Camden County Board
of Chosen Freeholders shall be filed with the Township Clerk. A copy
of any permit, consent resolution or letter of consent issued by the
State or County shall be filed with the Township Clerk prior to the
solicitation event.
For all charitable solicitations in the township, regardless
of whether it is on a State, County or municipal roadway, an application
shall be filed with the Township Clerk at least forty-five (45) days
prior to the proposed solicitation event(s). The application shall
include the following information:
A.
Name and
address of charitable organization;
B.
Proposed location to conduct solicitation;
C.
Date or dates of proposed solicitation;
D.
Duration and/or times of the proposed solicitation;
E.
Name of responsible individual(s) to be on site during the proposed
solicitation;
F.
Acknowledgment of compliance with rules and regulations to be imposed
for the proposed solicitation.
G.
If more than one (1) solicitation event is to be held in any calendar
year, a township permit for all such events can be applied for and
issued in one application.
Upon the timely filing of a complete application and its review
and comments by the Township Police Department, the township shall
place on its next regularly scheduled meeting, consideration for the
adoption of a resolution of consent and the issuance of a permit to
the charitable organization. The township permit is subject to any
further approvals when it is a State or County roadway where the solicitation
event is to occur.
The municipality 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 a charitable organization
soliciting charitable donations. The charitable organization shall
be required to sign a hold harmless and indemnification agreement
with the township prior to the solicitation event(s).
