[Ord. #2009-1127;Ord. #2013-1228; Ord. #2013-1233; Ord. #2014-1248]
There is hereby established a Branchburg Township Farmers' Market,
which shall operate seasonally at River Lea Farm each year during
the months of July through September.
Applications to sell at the Farmers' Market may be obtained
from the Township Health Department. The Health Department shall issue
a seasonal permit to sell at the Farmers' Market to any person who
submits a complete and accurate application and the required fee.
The fee for selling at the Farmers' Market for a season shall
be $350. The fee for one day sale shall be $35. Fees do not include
any other fees related to the nature of the applicant's business.
[Ord. #78-325; New]
As used in this section:
a.
TAXICAB — Shall mean and include any automobile or motor car,
commonly called taxi, engaged in the business of carrying passengers
for hire which is held out, announced or advertised to operate or
run, or which is operated or run over any of the streets within the
township and which accepts passengers within the township for transportation
to points or places within or without the Township of Branchburg.
b.
DRIVER — Shall mean any person who drives a taxicab within
the township.
c.
OWNER — Shall mean any person, corporation or association in
whose name title to any taxicab is registered with the New Jersey
Motor Vehicle Commission, or who appears in such records to be the
conditional vendee or lessee thereof.
No person shall hire out, keep, or use for hire or pay, or cause
to be kept or used for hire or pay, any taxicab whose point of origin,
base of operation or office is located in the township, unless both
the taxicab and the driver thereof are licensed pursuant to this section.
There are hereby established two classes of taxicab license
in the township as follows:
a.
"Taxicab driver's license." This license shall entitle the person
named therein to operate within this township any taxicab duly licensed
hereunder.
b.
"Taxicab owner's license." This license shall entitle the taxicab
therein described to be operated in this township by a driver duly
licensed hereunder.
[Ord. No. 78-325]
a.
"Taxicab drivers' licenses." The number of taxicab drivers' licenses
under this section to be issued and outstanding in any one year shall
be four.
b.
"Taxicab owner's licenses." The number of taxicab owners' licenses
under this section to be issued and outstanding in any one year shall
be four. No person shall hold or control more than two taxicab owners'
licenses at any one time.
[Ord. No. 78-325]
Any license issued pursuant to the terms of this section shall
expire at midnight, December 31 of the year in which it was issued,
and shall not be transferable.
[Ord. #78-325; Ord. #2006-1009, § 1; Ord. No. 2015-1269]
a.
Application. Each applicant for the issuance or renewal of a license
of either class shall apply by completing an application under oath
in a form provided by the township clerk, including the following
information:
1.
Name and address of owner.
2.
Name and address of operator.
3.
Age of operator.
4.
Whether the owner or operator has ever been convicted of a crime
in this or any other jurisdiction and, if so, the specifics of the
charge(s), conviction(s) and disposition(s).
5.
Make, age and serial number of automobiles.
6.
Address at which taxis will be garaged.
7.
Certificate of insurance demonstrating insurance coverage.
8.
Hours of operation each week (stating exact times of daily operation).
9.
Rates to be charged. Each applicant must also submit proof of compliance
with the qualifications required hereinafter.
b.
Qualifications of taxicab drivers. No person shall be eligible to
obtain a taxicab driver's license in the township unless he shall
first conform to the following requirements:
1.
Each applicant shall have a minimum of four years of driving experience
as a licensed driver in the State of New Jersey or any other State
in the United States of America.
2.
Each applicant must present a certificate of a reputable physician
showing that he has been examined within 60 days and that he is of
sound physique with good eyesight and not subject to epilepsy, vertigo,
heart trouble, or other infirmity of body or mind which might render
him unfit for the safe operation of a taxicab.
3.
Each applicant must state in the application for a license that the
applicant is not addicted to the use of narcotics or intoxicating
liquors.
4.
Each applicant shall submit four copies of a photograph two inches
by two inches in size (front facial view).
c.
Qualifications of taxicab owners. Each applicant for a taxicab owner's
license shall submit for examination a certificate of ownership. No
taxicab over the age of four years (model years) or having a capacity
of less than four persons or more than eight persons shall be eligible
for license as a taxicab.
a.
Upon notification by the township clerk of satisfactory fulfillment
of the foregoing requirements and qualifications, the township committee
shall either grant or deny the application unless they decide to hold
the same over for further investigation. No license shall be issued
to a taxicab owner unless he shall represent in his application that
a named licensed operator will operate the taxicab. No license shall
be issued to an operator unless he shall indicate on his application
that he will operate a specific identified licensed taxicab.
b.
Each applicant granted a license under this chapter shall be issued
a license card in evidence thereof in a form approved by the township
committee and signed by the township clerk in behalf of the township
committee.
a.
The annual fee for each taxicab owner's license hereafter issued
or any renewal thereof shall be $25 for each year or portion of a
year for which the license is issued or renewed.
b.
The annual fee for each taxicab driver's license hereafter issued
or any renewal thereof shall be $10 for each year or portion of a
year for which the license is issued or renewed.
c.
No fees shall be prorated nor any part thereof refunded for any reason
except that upon the denial of an application for issuance or renewal
of a license by the township committee, 90% of the fee deposited shall
be returned to the applicant and 10% shall be retained by the township
as compensation for investigation of the application.
a.
The license card issued to a taxicab driver upon granting of his license shall have affixed to it one of the four photographs required to be filed with the license application, as provided in subsection 4-2.6b4.
b.
Such license card shall at all times be prominently displayed and
adequately protected in the interior of any taxicab operated by the
licensee so that the fact thereof shall be at all times in full view
of and plainly legible to any passenger seated on the rear seat of
such taxicab. The said license card shall at all times be and remain
the property of the township, and on direction of the township committee
shall at once be surrendered to the township clerk.
c.
No taxicab driver's license card other than that of the licensee
actually operating the cab at the time shall be displayed therein.
No taxicab shall hereafter be operated in this township unless
and until there is prominently displayed in the interior thereof within
the full view and access of any passengers therein, a complete list
of fares, charges or tariff rates charged for transportation of passengers,
which fares, charges or tariff rates so displayed, and no other, shall
be those to be charged any passenger so transported. The rates charged
shall be the same as those set forth in the application for a taxicab
license.
a.
Every licensed taxicab may have affixed or painted on both sides
thereof the words "taxi" or "cab" in letters of at least six inches
high, or the name of the operating owner containing the words "taxi"
or "cab" or "taxicab."
b.
Every licensed taxicab may have affixed or painted on each side thereof
in letters at least one inch high the name of the owner thereof followed
or preceded by the word "owner".
c.
No other lettering or identification of a taxicab shall be permitted
on any taxicab.
a.
No person shall park any taxicab on any of the streets of the township
at any time, except at such place or places as the township committee
may from time to time designate by resolution, as municipal taxicab
stands.
a.
No taxicab shall be operated in the township unless the applicant
shall have complied with the provisions of R.S. 48:16-1 et seq. of
the State of New Jersey and the acts amendatory thereof or supplementary
thereto.
b.
Notwithstanding compliance with the provisions of R.S. 48:16-1 et
seq., no taxicab shall be operated in the township unless an insurance
policy, of a company duly licensed to transact business under the
laws of the State of New Jersey, shall be filed with the township
clerk in the minimum amount of $100,000 to satisfy all claims for
damages by reason of bodily injury or the death of any one person
resulting from an accident, in the sum of not less than $300,000 to
satisfy all claims for damages by reason of bodily injuries to or
in the death of all persons on account of any one accident, for a
sum of $10,000 to satisfy claims for damages to property arising out
of any one accident.
c.
No taxicab business shall be operated from any residence or other
building located in a residential zone and any taxicab parked at the
owners' or operators' place of residence shall be garaged, except
that taxicabs which contain no lettering or other means of identification
as a taxicab shall be subject only to the same provisions with respect
to parking as any other private passenger vehicle.
a.
The township committee may, in their discretion, refuse to issue
or renew, or may after notice and hearing revoke or suspend any license
issued hereunder if the applicant or licensee:
1.
Has been convicted of a crime in this or any other jurisdiction.
2.
Has been convicted of being a disorderly person.
3.
Has been found guilty of a violation of Title 39. "Motor Vehicles
and Traffic Regulations" of the Revised Statutes of New Jersey.
4.
Violates any provision of this section or any Ordinance of the township.
5.
Has any judgment unsatisfied of record against him arising out of
an automobile accident.
6.
Has in any degree contributed to any injury to any person or damage
to property arising out of negligent operation of a motor vehicle.
7.
Has any communicable or contagious disease, or has developed any
physical or mental condition which interferes with his ability to
operate a motor vehicle in a safe manner.
8.
Has not complied fully with all requirements of this section.
b.
Any taxicab owner's license may be denied, revoked or suspended,
or not renewed, for any of the following reasons:
1.
If the motor vehicle licensed or to be licensed, by reason of unsafe
or unsanitary conditions, is dangerous to the safety or health of
the occupants or others.
2.
If the policy of insurance required by Section 48: 16-3 of the Revised
Statutes of New Jersey has once lapsed or such coverage is not maintained
at all times.
b.
Any corporation violating any of the provisions of this section shall,
upon conviction thereof, pay a fine of not more than $500, which may
be recovered in an action of debt.
c.
Any person who aids, assists, or abets in the violation of any of
the provisions of this section shall be subject to the penalties herein
provided for.
[Ord. #82-426; Ord. #83-434; Ord. #91-606; Ord. #2005-978]
As used in this section:
a.
AMUSEMENT MACHINE — Shall mean any machine which upon direct
or indirect payment of money may be operated for amusement, entertainment
or competition, including but not limited to pinball machines, skillball
machines and video games. The definition shall not include devices
for playing recorded music or devices used solely in private residences.
b.
PERSON — Shall mean any natural person, firm, corporation,
partnership or other association whether publicly or privately owned
or whether for profit or not for profit.
No person shall permit the operation of an amusement machine
in a place where the public is invited or permitted without first
obtaining an amusement machine license. Licenses shall be issued on
a calendar year basis. Each license shall be issued only to the owner
or operator of the premises upon which the amusement machine will
be located. Each license shall be issued for a special location and
shall state the number of machines for which it is issued. A license
may be transferred to a new owner or operator by submitting to the
township committee the same information as is required for a new license.
A license may not be transferred to a new location.
All applications for amusement machine licenses shall be made
to the township clerk on forms provided for that purpose and shall
contain the following:
a.
The name and address of the applicant.
b.
The location of the amusement machine or machines to be licensed.
c.
The number and type of machines to be licensed.
d.
A description of each machine to be licensed sufficient to identify
it.
e.
A statement of whether the applicant has ever been convicted of a
crime or disorderly persons offense in the State of New Jersey or
elsewhere and describing any such conviction in detail.
f.
A plan sufficient to show the proposed location of each machine,
other objects in the area, and each entrance and exit of the premises.
g.
Proof that all taxes, sewer use fees and other municipal charges
for the property on which the amusement machines are to be located
are current.
h.
Such other information as the township committee may reasonably require
to supplement the application.
i.
A sworn statement of the applicant that all information in the application
is true.
[Amended 10-26-2020 by Ord. No. 2020-1393]
An application for the renewal of an amusement machine license
shall be submitted at least 30 days before expiration of the license.
[Ord. #82-426, S1; Ord. #2005-978, SS2, 3]
a.
An amusement machine license may be revoked or not renewed by the
township committee upon its determination that:
1.
The licensee has been convicted of any offense, including violation
of municipal ordinance which relates directly or indirectly to the
use of amusement machines, the use or operation of the licensed premises
or the licensee's fitness to hold a license.
2.
Any misstatement of fact in the application.
3.
Failure to maintain the licensed premises or its patrons in good
order.
4.
Any Alcoholic Beverage Control violations.
5.
Any violation reported by the health officer or fire inspector that
has not been corrected within the time required by the health officer
or fire inspector.
b.
Any action for the revocation of the license shall be initiated by
the chief of police, who shall provide a written statement of reasons
for the proposed revocation. The proposed revocation shall be effective
15 days after delivery of notice of the proposed revocation to the
licensed premises unless within that time the licensee has requested
a public hearing on the charges before the township committee. If
the licensee requires more time to prepare a defense of the charges,
the hearing may be adjourned at the licensee's request for up to 15
additional days. Upon the conclusion of the hearing, the township
committee may revoke or not revoke the license by a majority vote
of the members present.
c.
If any licensee's license is revoked or not renewed for cause, no
application of the licensee or for the licensed premises shall be
considered by the township committee until the violations are corrected.
d.
If the chief of police believes that the public interest requires,
he may request that any license be suspended pending determination
of whether the license should be revoked. In such a case, the chief
of police may present his request to the township committee at any
time following the delivery of written charges and, upon a two-thirds
vote of the members present, the township committee may suspend the
license pending a determination of whether it should be revoked.
[Ord. No. 82-426 § 1]
a.
Every amusement machine shall be located at least five feet from
the entrance and a similar distance from any fire exit in the licensed
premises, and shall be so placed so that it does not obstruct free
entry and egress.
b.
Every amusement machine shall be located so that there is reasonable
space, determined by the specific configuration of the machine, for
patrons and observers. Every licensed premises shall comply fully
with fire and occupancy requirements of the township.
[Ord. No. 82-426 § 1]
No sound emitted by any amusement machine shall be audible beyond
the property lines of the premises upon which the amusement machine
is located.
[Ord. No. 82-426 § 1]
Any person violating any of the provisions of this section shall,
upon conviction, be subject to a minimum fine on a first offense of
$50 and a maximum not to exceed $500 or to imprisonment in the county
jail not to exceed 90 days or both. In the event the conviction is
for a second or subsequent offense, there shall be a fine not less
than $100 nor more than $500 or imprisonment in the county jail not
to exceed 90 days or both.
[Ord. No. 2006-1050 § 1]
The Municipal Clerk is hereby delegated the authority to act
as the "issuing authority" to approve the granting of raffle and bingo
licenses.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 77-316,
85-477, 86-486, 2009-1127 and 2013-1233.
[Ord. No. 2015-1278]
As used in this section, the following terms shall have the
meanings indicated:
a.
APPLICANT — Shall mean a person who seeks to apply for a permit
to act as a peddler or solicitor under this Section.
b.
MERCHANDISE — Shall mean all goods, wares, food, fruit, vegetables,
farm products, magazines, periodicals or other articles of personal
property, orders or contracts for a service, home improvement, repair
or alteration.
c.
PEDDLER — Shall mean and include any person traveling by foot
or conveyance from place to place by traveling on the streets and
roads of this Township or from house to house, carrying, conveying
or transporting merchandise for the purpose of selling or attempting
to sell merchandise to customers.
d.
PEDDLE or PEDDLING — Shall mean the act of traveling by foot
or conveyance from place to place by traveling on the streets and
roads of this Township or from house to house, carrying, conveying
or transporting merchandise for the purpose of selling or attempting
to sell merchandise to customers.
e.
SOLICIT or SOLICITING — Shall mean the act of traveling on
the streets and roads of the Township or going from house to house
in the Township whether by foot or by any conveyance, in an attempt
to sell merchandise or in an attempt to arrange for the performance
of services or to solicit or to collect funds.
f.
SOLICITOR — Shall mean any person who goes from place to place
by traveling on the streets and roads of this Township whether by
foot or by any conveyance, or who goes from house to house attempting
to sell merchandise or attempting to arrange for the performance of
services, whether or not that person carries samples or literature,
or who solicits or collects funds.
[Ord. No. 2015-1278]
The purpose of this Section is to prevent unauthorized business
practices, to provide for traffic and pedestrian safety by regulating
the use of the streets and property adjacent thereto by persons within
the scope of this Section, to prevent extended parking or trespassing
on private or public property, to prevent violations of the Township's
Land Development Ordinance and to generally provide for the safety
of the residents of the Township of Branchburg.
[Ord. No. 2015-1278]
a.
Except as otherwise provided in subsection 4-5.8, it shall be unlawful for any peddler or solicitor to sell, dispose of or to offer to sell or to dispose of any merchandise or to solicit funds within the Township without having first applied for and received a permit issued by the Township Clerk.
b.
Permits issued to solicitors and peddlers and must be produced for
inspection upon the request of any resident or any member of the Branchburg
Police Department.
c.
Each Applicant shall pay the sum of $25 to the Township to cover
the Township's costs of processing the Applicant's application.
d.
A permit issued under this Section shall be valid for a period of
six months.
e.
Applicants for a permit under this Section must file with the Township
Clerk, on a form to be furnished by the Township Clerk, a written
application certified by the Applicant or Applicant's authorized agent,
which includes all of the following information:
1.
The Applicant's name, title and address or addresses and applicant's
state of incorporation, if applicable. The names and addresses of
any individuals that will engage in soliciting or peddling in the
Township together with or on behalf of the Applicant.
2.
The Applicant's telephone number where the Applicant or Applicant's
authorized agent may be contacted and two emergency telephone numbers.
3.
A valid photo identification such as a driver's license and a 2 x
2 color photograph for the Applicant and each individual that will
engage in soliciting or peddling in the Township together with or
on behalf of the Applicant.
4.
The scheduled date and length of time of the activity for which the
permit is sought.
5.
A statement of the nature, character and quality of the merchandise
to be sold or offered for sale or a statement of the nature of the
services to be performed. A statement as to whether the merchandise
proposed to be sold is from stock in possession or from stock by sample,
at auction, by direct sale or by taking orders for future delivery.
6.
A statement of the nature and character of any advertising used or
proposed to be used in order to attract customers. Copies of all such
advertising, whether handbills, circulars, or otherwise, shall be
attached to the application as exhibits thereto.
7.
A statement as to whether the Applicant or any individual peddling
or soliciting together with or acting on behalf of the Applicant has
been convicted of a crime of moral turpitude or a disorderly persons
offense in this State or any infraction in any other State or jurisdiction
that would be considered a crime of moral turpitude or a disorderly
persons offense in this State and the punishment assessed therefor.
8.
A description of all motor vehicles to be used by the Applicant or
any individual peddling or soliciting together with or on behalf of
the Applicant, including the color, year, make and model of such motor
vehicles.
9.
A copy of a background check conducted by Morpho Trak a/k/a/ IndentoGO
for the Applicant and any individual peddling or soliciting together
with or on behalf of the Applicant. (Information and an application
for the background check is available from the Township Clerk).
f.
All applications shall be filed with the Township Clerk at least
30 days before the scheduled date of the activity for which the permit
is sought.
[Ord. No. 2015-1278]
Upon receipt of an application for a permit under this Section
by the Township Clerk, the application shall be reviewed as follows:
a.
The Township Clerk shall forward every application to the Zoning
Officer for review to determine whether the application complies with
the Township's Land Development Ordinance. The Zoning Officer shall
promptly forward a finding as to whether or not the application complies
to the Township Clerk.
b.
If the permit sought includes any food sales, the Township Clerk
shall forward the application to the Health Department for review
to determine whether the application complies with all applicable
statutes, regulations and ordinances relative to food sales. The Health
Department shall promptly forward a finding as to whether or not the
application complies to the Township Clerk.
c.
Upon receipt of findings of compliance from the Zoning Officer and
Health Officer, if applicable, and upon the determination that the
application satisfies all of the requirements of this Section, the
Township Clerk shall so certify and shall issue a permit.
[Ord. No. 2015-1278]
a.
An application for a permit issued pursuant to this Section shall
be denied or revoked by the Township Clerk for any of the following
causes:
1.
Inaccurate statements contained in the application for the permit.
2.
Inaccurate statements made in connection with the selling of merchandise
for which the permit was obtained.
3.
Any violation of this Section or any law during the permit's duration.
4.
The commission of a crime of moral turpitude or a disorderly persons
offense in this State or any infraction in any other State or jurisdiction
that would be considered a crime of moral turpitude or a disorderly
persons offense in this State prior to the issuance of a permit under
this Section.
b.
In denying an application for a permit or revoking a permit, the
Township Clerk shall set forth, in writing, the facts supporting the
denial or revocation. The Applicant may appeal such denial or revocation
as set forth in this Section.
[Ord. No. 2015-1278]
A denial or revocation of a permit may be appealed to the Township
Committee.
[Ord. No. 2015-1278]
Prior to the issuance of a permit under this section, the Applicant
shall provide to the Township Clerk a certificate of insurance setting
forth the Township of Branchburg as a named insured under the policy
with a liability insurance limit of $1,000,000 per occurrence. If
the Applicant is a not-for-profit organization, an indemnification
agreement executed by the Applicant and the Township in favor of the
Township may be submitted in lieu of a certificate of insurance.
[Ord. No. 2015-1278]
The requirements of subsection 4-5.3 shall not apply to:
a.
Any person delivering merchandise or providing services in the regular
course of business to a person who had previously ordered the merchandise
or services or who is entitled to receive the merchandise or services
pursuant to a prior agreement;
b.
Any person selling personal property at wholesale to dealers in merchandise
of that sort;
c.
Any member of a school, or civic organization, benevolent society,
service club, fire company, rescue squad or any other party that is
exempted by law who has provided a list of the names and addresses
of the members soliciting or peddling on its behalf to the Township
Clerk prior to the time any member offers any merchandise for sale
or solicits any funds.
[Ord. No. 2015-1278]
No peddler or solicitor shall:
a.
Attract attention by crying out, blowing a horn, using a noisemaker
or making any other loud or unusual noise; or
b.
Peddle or solicit at any place where there is posted a sign expressly
prohibiting such activity; or
c.
Represent that receipt of a permit under this Section implies that
his or her character or fitness to peddle or solicit has been the
subject of any inquiry by the Township; or
d.
Peddle or solicit on Sundays or on State or national holidays and
at any time other than between the hours of 9:00 a.m. and dusk on
Mondays through Saturdays.
[Ord. No. 2015-1278]
The Township Clerk shall maintain all permits issued to peddlers
and solicitors in a registration book and shall maintain all applications
in accordance with law.
[Ord. No. 2015-1278]
Any person violating any of the provisions of this Section shall,
upon conviction, be subject to a minimum fine on a first offense of
$50 and a maximum not to exceed $500 or to imprisonment in the County
Jail not to exceed 90 days or both. If the conviction is for a second
or subsequent offense, there shall be a fine not less than $100 nor
more than $500 or imprisonment in the County Jail not to exceed 90
days or both.
[Ord. #2013-1233]
As used in this section, the following terms shall have the
meanings indicated:
a.
CHARITABLE ORGANIZATION — Shall mean a first aid ambulance
and rescue squad or a volunteer fire company which provides services
to residents of the Township of Branchburg.
b.
CONTRIBUTION — Shall mean the giving of money, credit, property,
financial assistance, or other thing of any kind or value which will
be used for a charitable purpose to benefit a charitable organization.
c.
SOLICIT or SOLICITATION — Shall mean the request for money,
credit, property, financial assistance, or other thing of any kind
or value to benefit a charitable organization.
d.
SOLICITOR — Shall mean any person soliciting contributions
on behalf of a charitable organization that has been authorized to
conduct a solicitation for contribution upon the streets and highways
of the Township of Branchburg.
Charitable organizations shall be permitted to solicit contributions
in the streets and highways of the Township of Branchburg in accordance
with the provisions of N.J.S.A. 39:4-60, as amended, together with
any regulations adopted by the Department of Transportation to regulate
or control the solicitation of charitable contributions on streets
and highways in the State of New Jersey.
Any charitable organization wishing to solicit contributions
in the streets and highways of the Township of Branchburg must file
an application for a permit with the Branchburg Police Department
at least five days before the date upon which the solicitation is
proposed to occur. Application forms are available in the Branchburg
Police Department and the office of the township clerk and must contain
the following information:
a.
The name, address, telephone number of the charitable organization.
b.
The name of the contact person of the charitable organization.
c.
The location or locations of the proposed solicitation.
d.
The dates and times of the proposed solicitation.
e.
The proposed equipment and signage to be used by the charitable organization
during the solicitation.
f.
The names of the persons conducting the solicitation on behalf of
the charitable organization at each proposed location.
g.
Any additional information which the chief of police or his designee
find reasonably necessary for the fair determination as to whether
a permit should be issued.
h.
If the application for a permit to solicit contributions involves
solicitation upon a county street or highway, the application shall
include a copy of an authorization from the Somerset County Board
of Chosen Freeholders in accordance with N.J.S.A. 39:4-60.
i.
If the application for a permit to solicit contributions involves
solicitation upon a State street or highway, the application shall
include a copy of an authorization from the State of New Jersey Commissioner
of Transportation in accordance with N.J.A.C. 16:40-1.1 et seq.
No single permit may be issued for more than three days and
no charitable organization may receive more than two permits within
a calendar year.
The following requirements shall adhere to all permits issued
in accordance with this section.
a.
The chief of police or his designee is hereby authorized to approve
the permit on behalf of the township.
b.
The chief of police or his designee shall be responsible for enforcing
the terms of the permit.
c.
Two or more charitable organizations shall not be permitted to solicit
on the same date within the township. The first charitable organization
to submit a complete application that complies with all of the terms
of this section for a specific date shall be the first to be considered
for a permit for that date.
d.
The chief of police or his designee shall determine whether an application
is complete and complies with all of the terms of this section. No
application shall be deemed received until all information requested
by the chief of police or his designee is supplied by the applicant.
e.
A permit obtained in accordance with this section shall be in the
possession of the solicitor or solicitors throughout the duration
of the authorized solicitation and shall be available for inspection
upon the request of any law enforcement officer of the Township of
Branchburg, the County of Somerset, or the State of New Jersey.
f.
A permit obtained in accordance with this section is non-transferable
and shall be void after expiration.
a.
An application for a solicitation permit by a charitable organization
may be denied upon a finding that the proposed solicitation or the
location chosen for the proposed solicitation represents a public
safety hazard.
b.
If an application for a solicitation permit is denied, the chief
of police or his designee shall set forth the reasons for the denial
and shall transmit notice of the denial to the contact person for
the charitable organization within five days of the denial.
c.
A denial of a solicitation permit may be appealed to the township
committee. Any appeal must be in writing and must be transmitted to
the township committee within 30 days of the date of the denial.
d.
The township committee shall render a decision and transmit notice
of its decision to the contact person for the charitable organization
within 15 days of receipt of the appeal.
a.
The charitable organization shall be responsible for removing any
debris caused to remain after the solicitation.
b.
Solicitation shall only be permitted during daylight hours.
c.
Solicitors shall be at least 18 years of age and members of the charitable
organization or family members of members of the charitable organization.
d.
Solicitors shall not touch any vehicle or tap on any window or in
any way intimidate the occupant of any vehicle.
e.
Solicitors shall not install any traffic control devices.
f.
Signs advertising solicitation authorized under this section are
permitted, but must be of temporary construction and be not larger
than 16 square feet.
g.
Signs shall not impede the flow of traffic and must be removed within
24 hours following the authorized solicitation.
The Township of Branchburg assumes no responsibility for the
sponsorship, direction or control of any solicitation permitted under
this section. The charitable organization conducting any event hereunder
shall assume full and complete responsibility for the sponsorship
and control of all aspects of the fundraising event, including the
safety and welfare of its solicitors as well as members of the public.
The township shall retain all tort claim immunities pursuant to both
the New Jersey Claims Act, N.J.S.A. 59:1-1 et seq., and common law.
Any charitable organization availing itself of the activities afforded
under this section agrees to indemnify, defend and hold harmless the
township, and its agents, servants, and employees, from any claims
for death, personal injury, property damage or claims of any type
that may arise as a result of the solicitation conducted by the charitable
organization pursuant to this section.
Any person guilty of violating a provision of this section shall
be liable for a fine not to exceed $100 for each day of such violation.
