[HISTORY: Adopted by the Township Council of the Township of Springfield 6-8-2005
by Ord. No. 2005-7. Amendments noted where applicable.]
A.
Pursuant to the authority granted to the Township Council
under N.J.S.A. 39:4-60, the first aid/emergency squad and fire companies,
which (1) receive funding from the Township of Springfield, (2) provide services
to the residents of Springfield Township, (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 Township of Springfield, 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 Township of Springfield.
A.
Every entity subject to the provisions of this chapter
shall, prior to engaging in any roadway solicitation, file with the Chief
of Police an application in writing, which shall provide the following information:
(1)
Name, address, and date of birth of each and every person
who will engage in the roadway solicitations on behalf of the charitable organization.
(2)
A brief description of the nature of the activity to
be conducted.
(3)
The hours and location(s) for which the authority to
solicit is requested, including rain dates.
(4)
A photograph of each person who will be engaged in the
solicitation on behalf of the organization, which photograph can be taken
by the Police Department.
B.
Each application shall be signed by the Fire Chief, in
the case of the Volunteer Fire Department, or by the President of the Association,
in the case of the First Aid/Emergency Squad.
A.
Application review; permit issuance.
(1)
Upon receipt of any application, the Chief of Police
shall review the application as deemed necessary to ensure the protection
of the public safety and general welfare.
(2)
If the Chief of Police finds the application to be satisfactory,
the Chief shall endorse his/her approval on the application and shall deliver
the required permit to the applicant. A copy of each such permit shall be
filed with the Township Clerk. The permit shall show the name, address, and
photograph of each individual who shall be authorized to engage in the roadway
solicitation, the date of the issuance of the permit, the date of the solicitation
activity which is permitted, and the location of said solicitation.
B.
Denial of permit to organization. Upon review of the
application by the Chief of Police, the Chief may refuse to issue a permit
to an applicant for any of the following reasons:
(1)
The location and time of solicitation would endanger
the safety and welfare of the solicitors, peddlers, or the persons from whom
they seek to solicit contributions.
(2)
An investigation reveals that the applicant has falsified
information on the permit application.
(3)
There is no proof as to the authority of the applicant
to serve as an agent or principal of the first aid/emergency squad or fire
company.
(4)
The applicant has been denied a permit under this chapter
within the immediately preceding year, unless the applicant can and does show
to the satisfaction of the Chief of Police that the reason for the earlier
denial no longer exists.
C.
Denial of permit with respect to individual(s). Upon
review of the application by the Chief of Police, the Chief may refuse to
include an individual or individuals within the scope of the permit for any
of the following reasons:
(1)
If an individual or individuals for whom permission is
sought to solicit have been convicted of an indictable offense, disorderly
persons offense, or a criminal violation involving a sex offense, trafficking
a controlled dangerous substance or any violent acts against persons or property,
wherein such convictions were entered within 10 years preceding the date of
application.
(2)
If an individual for whom permission is sought to solicit
has received a judgment against him, or has been convicted for fraud, deceit,
or misrepresentation, wherein such judgment(s) or conviction(s) has been entered
within 10 years preceding the date of the application.
Solicitation events that receive permits pursuant to this chapter shall
abide by the following limitations, applicable to all solicitations:
A.
No minors shall be permitted to solicit pursuant to the
terms of this chapter or any permit issued hereunder.
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.
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. As such, the Township
will apply to the county on behalf of the applicant when a county highway
is involved. 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 such, the Township will apply to
the state on behalf of the applicant when a state highway is involved.
Notice of the regulations and provisions of this chapter shall be given
to all applicants for permits for solicitation. This chapter shall be implemented
and enforced by the Chief of Police of the Township of Springfield or his
designee.
As provided by N.J.S.A. 39:4-60, and notwithstanding any other provision
of the law to the contrary, the Township of Springfield 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 in the course of roadway solicitations
for the purpose of soliciting contributions conducted by organizations covered
by this chapter.
A.
Violations and penalties. It shall be unlawful for any
person to solicit in or around public roadways in violation of this chapter.
Any person who does so solicit in the public roadway in violation of this
chapter shall be subject to a fine of not less than $100 nor more than $200
for each violation.
B.
Other applicable laws.
(1)
No provision of this chapter shall be construed or interpreted
to allow solicitation where it is otherwise restricted by superseding laws.
(2)
No provision of this chapter shall be construed to authorize
or permit any person to stand in or to allow a vehicle to stand in any highway,
where the same is or shall be prohibited by any other provisions of the New
Jersey Motor Vehicles Law, Title 39, or by any amendment thereof or supplement
thereto, or by any ordinance, resolution or amendment duly adopted pursuant
to authority thereunder.
C.
Severability. In any event any section, clause or paragraph
of this chapter is for any reason held invalid, unconstitutional, or otherwise
unenforceable by a decision of a court of competent jurisdiction, that section
or portion deemed offensive shall be considered severable and shall not affect
the validity of the remaining portions of this chapter.
D.
When effective. This chapter shall take effect in accordance
with the law.
E.
Repealer. Any and all ordinances inconsistent with terms
of this chapter shall be repealed to extent of any such inconsistencies.
