[Added by Ord. No. 13-2017, 5-23-2017]
As used in this article, the following terms shall have the
meanings indicated:
Any person determined by the Federal 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. § 501(c)(3); or
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.
Any purpose described in Section 501(c)(3) of the Internal Revenue
Code of 1986, 26 U.S.C. § 501(c)(3); or
Any benevolent, philanthropic, humane, social welfare, public
health, or other eleemosynary objective, or an objective that benefits
law enforcement personnel, firefighters, or other persons who protect
the public safety.
(a)
No person shall stand in the roadway of a highway to stop, impede,
hinder or delay the progress of a vehicle for the purpose of soliciting
the purchase of goods, merchandise or tickets, or for the purpose
of soliciting contributions for any cause except as otherwise permitted
herein.
(b)
Notwithstanding the foregoing, charitable organizations, as defined
herein, may solicit contributions in the roadway of a highway, other
than interstate highways or toll roads maintained pursuant to P.L.
1962, c. 10 (N.J.S.A. 27:12C-1 et seq.),[1] or P.L. 1991, c. 252 (N.J.S.A. 27:25A-1 et seq.), P.L.
1952, c. 16 (N.J.S.A. 27:12B-1 et seq.),[2] or P.L. 1948, c. 454 (N.J.S.A. 27:23-1 et seq.), subject
to regulations promulgated pursuant to the Administrative Procedure
Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.), by the Department
of Transportation in consultation with the Division of Highway Traffic
Safety, and in accordance with the provisions of this article.
(c)
Nothing contained herein shall authorize charitable organizations
to solicit on any county highway or intersection of a county highway
within the Township of Teaneck without the approval of the Board of
County Commissioners.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
Nothing contained herein shall authorize charitable organizations
to solicit on any state highway or intersection of a state highway
without the approval of the Commissioner of Transportation.
(e)
Notwithstanding any provision to the contrary, the Township of Teaneck
may deny a permit based on any of the following reasons:
(1)
To ensure that traffic flow is not unreasonably impeded, interrupted,
or delayed;
(2)
The design of the particular highway and/or intersection, turning
movements, traffic densities, and/or speeds do not permit the safe
interaction between the solicitor and vehicular traffic;
(3)
The solicitation would interfere with construction activity;
or
(4)
To protect the public safety.
(f)
If a permit is denied, the reasons therefor shall be set forth on
the denial.
(a)
All permits for charitable solicitations on a Teaneck roadway or
intersections must be approved by the Manager and the Township Council.
(b)
To obtain approval from the Township, the charitable organization
shall obtain a charitable solicitation permit from the Township, subject
to the provisions of this article.
(c)
Charitable solicitation permits shall be granted only to charitable
organizations soliciting for charitable purposes.
(d)
Each person soliciting charitable contributions on behalf of the
charitable organization shall be at least 18 years old.
(e)
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
(f)
Permits shall be in possession of the solicitor during all times
of solicitation and be available for inspection by local, county,
and state police enforcement personnel.
(g)
Solicitation shall be permitted on the Teaneck right-of-way, but
is strongly encouraged to be off the traveled way.
(h)
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of flagmen or any traffic
control device, either portable or permanent, shall be prohibited.
(i)
The charitable organization shall be responsible for cleaning up
any debris from the right-of-way that resulted from the solicitation
activity.
(j)
Solicitation shall be permitted only during daylight hours.
(k)
State, county, or local police or the Department of Transportation
may suspend solicitation operations at any time if any condition of
the permit is violated or if, in the police officer's or the Department's
sole discretion, traffic is being impeded or delayed or the public
safety is at risk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(l)
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol when soliciting. Solicitors
shall not harass the public.
(m)
The Township shall not be liable in any civil action for damages
for property damage or personal injury arising out of the solicitation
activity conducted by charitable organizations in highway right-of-way.
(n)
Permits are valid for the date(s) of the event on the permit only.
Permits will be granted on a first-come-first-served basis.
Charitable organizations may have access to Teaneck roadways
and/or intersections only with approval of the Township Manager and
the Township Council. Steps to secure an approved permit are as follows:
(a)
Review this article, which implements the process by which charitable
organizations may have access to Teaneck roadways and/or intersections.
(b)
In addition, familiarize yourself with Teaneck's roadway solicitation
permit application, N.J.S.A. 39:4-60, N.J.S.A. 45:17A-20, N.J.A.C.
16:40-6.1, and N.J.A.C. 16:40-5.1.
(c)
At least 30 days prior to the proposed date of the solicitation event,
the charitable organization must submit the following to the Township
Manager:
(1)
A completed, signed and notarized county roadway solicitation
permit application.
(2)
A detailed traffic control plan, clearly displaying written
approval by the Teaneck Municipal Police Department. (You may draw/photocopy/print,
from Google Maps, a map of the proposed solicitation location; mark
the proposed placement of firefighters, fire apparatus, police vehicles,
signs, cones, etc.; and have Teaneck's Chief of Police sign the traffic
plan, indicating his/her approval.)
(3)
Your current certificate of insurance, naming the Township as
additional insured for liability purposes in an amount not less than
$1,000,000.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
A signed and notarized indemnification and hold harmless agreement.
A copy of this agreement is included with the roadway solicitation
permit application.
(a)
Signs advertising the roadway solicitation are permitted, but they
must be of a temporary construction and breakaway to the extent possible.
(b)
Signs shall be a maximum of 16 square feet.
(c)
Signage shall be in accordance with the temporary signage standards
contained in the Manual on Uniform Traffic Control Devices for Streets
and Highways (MUTCD), 2003 edition with Revisions 1 and 2, as amended
and supplemented, incorporated herein by reference. The MUTCD is available
on the Federal Highway Administration website at: http://mutcd.fhwa.dot.gov
or on the American Association of State Highway and Transportation
Officials (AASHTO) website at: https://bookstore.transportation.org.
(e)
Signs shall not be permitted in the traveled way or in medians less
than eight feet in width.
(f)
All signs warning, noticing, or advertising a solicitation shall
be removed immediately following the solicitation event.
(a)
All solicitors shall wear safety vests labeled as meeting the ANSI
107-1999 standard performance, incorporated herein by reference as
amended and supplemented for Class 2 risk exposure. The ANSI standards
are available at http://webstore.ansi.org.
(b)
Parking of vehicles shall comply with applicable traffic regulations.
The Township recommends off-site parking.
(c)
The Township strongly recommends coin tosses using blankets located
off the traveled way as the safest method of solicitation.
(d)
The solicitor shall not install any traffic control devices.
The Township may impose special conditions on any charitable
solicitation permit to preserve and protect the public safety and
the free flow of traffic on its roadways.
An applicant who has been denied a charitable solicitation permit
by the Township Manager may appeal the denial to the Township Council
by submitting a written request for reconsideration within 30 days
of the denial of a permit. The Township Council may grant, upon request,
an informal meeting with representatives of the charitable organization.
The Council shall render a decision, in writing, to the organization
within 15 days of such meeting or within 30 days of receipt of the
written request if there is no meeting. Decisions of the Township
Council shall be final.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Application fees and permit fees for charitable solicitation permits shall be as set forth in Appendix III, Fees and Charges for Certain Township Services, of Chapter 2 of this Code.
Pursuant to N.J.S.A. 39:4-60, any person guilty of violating
any provision of this article shall be liable for a fine not to exceed
$100 for each day of the violation.
