[Adopted 1-25-2022 by Ord. No. 2913]
A. 
Pursuant to the authority granted to the City of Garfield under N.J.S.A. 39:4-60, the first aid/emergency squad and fire companies, which 1) receive funding from the City of Garfield, 2) provide services to the residents of the City of Garfield, 3) qualify as nonprofit organizations, and 4) qualify as charitable organizations within the meaning of N.J.S.A. 39:4-60, are hereby authorized to solicit contributions in the roadways of the City of Garfield; subject, however, to the permit process set forth below.
B. 
No other organization other than the voluntary First Aid/Emergency Squad or fire companies shall be permitted to engage in roadway solicitations within the City of Garfield.
Every entity subject to the provisions of this chapter shall, prior to engaging in any roadway solicitation, file with the City Manager a permit application as outlined in Article I of this chapter.
Solicitation events that receive permits pursuant to this chapter shall abide by the following limitations, applicable to all solicitations:
A. 
No juveniles (persons under 17) shall be permitted to solicit pursuant to the terms of this chapter or any permit issued hereunder. Juveniles may be present but must remain at a safe distance and location from the street.
B. 
No ambulance, fire truck or other emergency vehicle may be parked in the area of solicitation if such parking violates the terms of N.J.S.A. 39:4-60 or any other state statute.
C. 
Solicitation shall only occur at controlled intersections, wherein the flow of traffic is regulated by stop signs and/or traffic lights. Solicitors shall use cones and reflective vests as appropriate.
D. 
Each highway, intersection or sections thereof covered by a permit for solicitation issued under this chapter shall be adequately marked by clear and appropriate signage indicating the solicitation of donations for the benefit of the organization. Said signs shall be erected and maintained by the applicant.
E. 
Roadway solicitation, otherwise permitted by authority of a permit issued under this chapter, shall be ceased in adverse weather conditions, including but not limited to ice, rain, snow, sleet and hail.
F. 
Solicitation may occur through placing a barrel in the center on the yellow lines for motorists to throw money into. Placement and retrieval of the barrel may only be done by someone over the age of 18. That person must wear properly sized ANSI 107-2004 (or later) Class 2 or 3 high-visibility apparel. Wearing non-ANSI-approved apparel will be reason for immediate cessation of the event.
G. 
At no time shall the solicitation stop or impede the flow of traffic.
H. 
Signs advertising the solicitation may be placed about 500 feet in advance. Signs must be temporary, breakaway, and a maximum of 16 square feet.
A separate permit shall be required by the First Aid/Emergency Squad and each volunteer fire company for each solicitation event. Nothing in this chapter shall prevent applicants from submitting more than one application at a time for separate events throughout the year.
Every entity required to obtain a permit under the provisions of this chapter shall exhibit the permit when requested to do so by any prospective contributor or Police Department employee. The individual in charge of the solicitation event shall be responsible to produce the permit upon demand.
This chapter does not abrogate the responsibility of the First Aid/Emergency Squad or any Fire Company that intends to solicit on any county highways or intersection of any county highway to obtain the approval from the Board of Chosen Freeholders as required by N.J.S.A. 39:4-60. Similarly, this chapter does not abrogate the responsibility of the organizations included within this chapter who intend to solicit on any state highway or intersection of a state highway from obtaining the approval of the Commissioner of Transportation.
As provided by N.J.S.A. 39:4-60, and notwithstanding any other provision of the law to the contrary, the City of Garfield shall not be liable in civil action for damages for property damage or personal injury resulting from a motor vehicle accident arising out of or during roadway solicitations for the purpose of soliciting contributions conducted by organizations covered by this chapter.