[Adopted 6-21-04 by Ord. No. 12-2004]
Charitable organizations as defined in Section III of the Public
Laws of 1994, Chapter 16 (N.J.S.A. 45:17A-20, as amended) shall be
permitted to solicit contributions on the public roadways in the Borough
of Woodbury Heights and of the County of Gloucester subject to compliance
with the terms, conditions and provisions herein contained.
For purposes of this section, a "charitable organization" shall
mean (1) any person determined by the 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. Section 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, fire fighters 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 with charitable
purpose to mean that as defined within N.J.S.A. 45:17A-20, et seq.
Any charitable organization applying to solicit contributions
in the public roadways shall file a request with the Borough Clerk
and the Police Department, in writing, not later than 45 days in advance
of the proposed solicitation and specify or supply the following information:
A.
Name and address of charitable organization;
B.
Telephone number and contact person of charitable organization;
C.
Proposed location of charitable solicitation;
D.
Dates and times of proposed charitable solicitation;
E.
If involving a county roadway, such request shall include a copy
of an authorization from the Gloucester County Board of Chosen Freeholders
permitting such charitable solicitation;
F.
If said request involves a state roadway and/or highway, said request
shall include a copy of an authorization from the State of New Jersey
Commissioner of Transportation to permit such charitable solicitation;
G.
List of all proposed safety regulations, safety devices and training
for individuals who would participate in the charitable solicitation
and/or a report specifying the procedures to be used to insure the
safety of members of the public who will be traversing the public
roadway involved;
H.
Copy of a certification or other documentary evidence that the charitable
organization is a tax exempt organization pursuant to Section 501
(c) (e) of the Internal Revenue Code;
I.
A Certificate of Insurance naming the Borough of Woodbury Heights
as an additional insured on a policy of liability insurance with a
limit of liability of not less than one million dollars ($1,000,000)
per person, per occurrence.
J.
A written release, signed by an authorized representative of the
charitable organization, releasing any and all claims, both known
or unknown, that may arise from or be related to the proposed charitable
solicitation including a release of subordination and otherwise holding
the Borough of Woodbury Heights, its representatives and employees
harmless from and against any claims and indemnifying the borough
against any and all such claims.
K.
Name, address and telephone number of solicitation supervisor responsible
for the conduct of the solicitation event.
All requests shall be reviewed by the chief of police or his
designee, which review shall include the location, dates and time
of the requested solicitation, the safety procedures to be utilized
and other factors having an impact on public safety. Thereafter, the
said chief of police or his designee shall provide a report and recommendation
to the borough council who shall thereafter act to grant, reject or
modify the proposed charitable solicitation.
Any charitable solicitation approved shall be subject to the
applicant complying with the following conditions:
A.
Solicitations shall be held only at intersections with traffic signals
during daylight hours;
B.
Advanced warning signs of a minimal size of four feet by four (4
x 4) feet shall be provided at least 100 feet in advance of the solicitation
location which shall include the name or charitable purpose of the
solicitation;
C.
All solicitors shall be at least 18 years of age;
D.
Solicitors shall not stop traffic and may only approach vehicles
that are stopped;
E.
Solicitors shall be responsible for cleaning and removing any debris
resulting from the charitable solicitation;
F.
The charitable organization shall comply with all terms and conditions
of N.J.S.A. 39:4-60 as such statute shall be amended from time to
time and comply with all regulations promulgated pursuant to the "Administrative
Procedure Act" (N.J.S.A. 52:14B-1, et seq.).
G.
All solicitors shall wear reflective vests or orange shirts.
H.
No traffic cones shall be placed in roadway nor shall "flag men"
be used.
All solicitation contributions shall be conducted in a safe and efficient manner in order to protect solicitors and drivers from harm and to protect public and private property. Accordingly, the Police Department is vested with the authority to terminate any solicitation not consistent with the above standards or otherwise not in compliance with the provisions of Section 81-21.5 hereof. Solicitation events shall be limited to one event per calendar month.
