Charitable organizations, as defined in N.J.S.A.
45:17A-20, shall be permitted to solicit contributions for charitable
purposes in the right-of-way of a road or highway maintained or under
the jurisdiction of the New Jersey Department of Transportation or
the Camden County Board of Chosen Freeholders or the Township of Waterford
subject to the charitable organization obtaining prior written approval
and/or permit from the governmental entity having jurisdiction over
the road or highway.
A. In the case of any state road or highway or intersection
thereof, a charitable solicitation permit shall be obtained from the
Department of Transportation in accordance with the provisions of
N.J.A.C. 16:40-4.1 et seq., together with the applicant complying
with the requirements of this article.
B. In the case of any county road or highway or intersection
thereof, an approval in writing and/or permit shall be obtained from
the Camden County Board of Chosen Freeholders in accordance with rules
and regulations established by it, together with the applicant complying
with the requirements of this article.
C. In the case of any state, county or municipal road
or highway or intersection thereof, a Township resolution of consent
and permit shall be obtained in accordance with the rules and regulations
established in this article.
D. Solicitation shall be subject to any specific terms
and conditions of the permit granted by the state, county or Township.
The state, county and/or Township permit, as applicable, shall be
in the possession of the responsible individual on site during all
times of solicitation and be available for inspection by state, county
and/or Township law enforcement officers.
The following rules and regulations shall apply
to charitable organizations soliciting under the terms of this article
regardless of whether it is a state, county or Township roadway.
A. Charitable organizations shall solicit only for charitable
purposes.
B. Solicitations shall be permitted only at signalized
intersections or when an existing traffic control device causes temporary
interruption in the flow of normal traffic, such as at the opening
of a movable bridge.
C. Each person soliciting charitable contributions on
behalf of a charitable organization shall be at least 18 years old.
D. Solicitation is encouraged to be off the traveled
way.
E. Solicitors shall not stop traffic or impede the flow
of traffic. Traffic shall already be stopped before solicitation may
occur and shall cease when traffic is moving. The use of flagmen is
prohibited.
F. Solicitation shall only be permitted during daylight
hours.
G. State, county, local law enforcement officers or representatives
of the Department of Transportation may suspend solicitation operations
at any time if any condition of the permit is violated, or, if in
the local law enforcement officer's sole discretion or the state or
county's sole discretion, traffic is being impeded or delayed or the
public safety is at risk.
H. Solicitors shall not drink alcoholic beverages, use
drugs, or be under the influence of drugs or alcohol while soliciting.
I. Solicitors shall not harass the public.
J. All solicitors shall wear safety vests that are in
accordance with Department of Transportation standards.
K. Parking of vehicles used as part of the solicitation
shall comply with applicable traffic regulations and any directive
issued by the local Police Department.
L. Solicitors shall not install any traffic control devices.
M. Signs.
(1) Signs advertising the roadway solicitation are permitted,
providing the signs are of a temporary construction and breakaway
to the extent possible. Signs shall be a maximum of 16 square feet.
Signage shall be in accordance with the temporary signage standards
contained in the Manual of Uniform Traffic Control Devices, 1988,
or superseding issue.
(2) At least two warning signs shall be required and placed
as follows:
(a)
CHARITABLE SOLICITATIONS 500 FEET AHEAD.
(b)
The second sign following shall identify the
name of the charitable organization.
(c)
Signs shall not be permitted in the traveled
way or in medians less than eight feet in width. All signs warning,
noticing or advertising a solicitation shall be removed immediately
following the solicitation event.
N. The charitable organization shall be responsible for
cleaning up any debris from the right-of-way.
O. Any other requirement as may be determined necessary
by the Township Police Department.
If the charitable solicitation is proposed at
the intersection of a State and County highway, the charitable organization
must obtain written approval from both the New Jersey Department of
Transportation and the Camden County Board of Chosen Freeholders.
If the charitable solicitation is proposed at
the border of Waterford Township and any other municipality, the charitable
organization must also obtain approval for the solicitation from the
adjoining municipality.
A copy of the application form or letter of
request filed with the New Jersey Department of Transportation or
the Camden County Board of Chosen Freeholders shall be filed with
the Township Clerk. A copy of any permit, consent resolution or letter
of consent issued by the state or county shall be filed with the Township
Clerk prior to the solicitation event.
Upon the timely filing of a complete application
and its review and comments by the Township Police Department, the
Township shall place on its next regularly scheduled meeting, consideration
for the adoption of a resolution of consent and the issuance of a
permit to the charitable organization. The Township permit is subject
to any further approvals when it is a state or county roadway where
the solicitation event is to occur.
The municipality shall not be liable in any
civil action for damages for property damage or personal injury resulting
from a motor vehicle accident arising out of or in the course of a
charitable organization soliciting charitable donations. The charitable
organization shall be required to sign a hold harmless and indemnification
agreement with the Township prior to the solicitation event(s). The
charitable organization shall also be required to provide a certificate
of insurance naming the Township as an additional insured prior to
commencing any coin drop activity.
This article shall become effective immediately
upon its final passage and publication as required by law. A certified
copy of this article shall be filed with the New Jersey Department
of Transportation and the Camden County Board of Chosen Freeholders.