Except for charitable organizations duly permitted in accordance
with this chapter and other applicable law, no person shall stand
in or beside any public road or right-of-way to stop, impede, hinder,
or delay the progress of a vehicle or to otherwise interact with the
occupants of any vehicle on any public road or right-of-way, for the
purpose of soliciting the purchase of goods, merchandise, or tickets
or for the purpose of soliciting contributions for any cause, and
the only question of law and fact in determining guilt under this
section shall be whether goods, merchandise, or tickets were tendered
or offered for sale or whether a contribution was solicited.
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 Quinton shall file an application for a permit with
the Quinton Township Committee. This application must be submitted
a minimum of 90 days, suggested 120 days, prior to the planned event
date for the fundraiser. The application is required for the purpose
of specifying the following information:
A. Name and
tax identification number of applicant organization;
B. Address
of applicant organization;
C. Telephone
number of applicant organization;
D. Contact
person for applicant organization, including name, address, and day
and evening telephone number;
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 an authorization from the Salem 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 Quinton Township approval(s) and Salem 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 fundraising event. Fee(s)
associated with the application to the Department of Transportation
are the obligation of the applicant.
I. The applicant
shall 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 Quinton.
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
Quinton 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 Quinton, County of Salem, 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 Quinton, the
applicant will need to submit the necessary applications a minimum
of 60 calendar days prior to the planned event.
O. The application
shall first be submitted to the New Jersey State Police for review
and approval prior to being sent to the Township of Quinton for review
and approval.
No permits will be granted by the Township of Quinton for more
than one event, three consecutive days maximum, per calendar month,
per location for any organization.
No approved event shall be permitted for longer than three consecutive
days.
No permits shall be granted by the Township of Quinton for more
than a maximum of two 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 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 solicitations shall be conducted on State Route 49, intersecting
roadway, or state-controlled intersection within the Township of Quinton
without approval from the New Jersey Department of Transportation
for the specific date.
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 New Jersey State Police, the applicant shall
present the application to the Quinton Township Committee a minimum
of 90 days prior to the proposed coin drop for its review and consideration,
after which the Township Committee 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 Quinton Committee.
Any charitable organization requesting authorization from the
Township of Quinton for said charitable solicitation shall comply
with all the terms and conditions of N.J.S.A. 39:4-60 and 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 solicitation understands that at any point prior
to the event, during the event, or for future events, the Department
of Transportation, Salem County official, Quinton 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 article shall be liable for a fine not
to exceed $100 for each day of such violation. Tickets may be written
by the New Jersey State Police under N.J.S.A. 39:4-60 and heard at
the Mid-Salem County Municipal Court.