[HISTORY: Adopted by the Board of Chosen
Freeholders of Atlantic County as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-22-1998by Ord. No. 20-1998]
Upon request by a duly authorized charitable
organization, having previously received authority from the host municipality,
subject to a duly adopted municipal ordinance, the Board of Chosen
Freeholders hereby authorize the Chairman of the Board of Chosen Freeholders,
or his or her designee, to grant the approval authorized at N.J.S.A.
39:4-60.
The purpose of this article is to comply and
enforce the provisions of N.J.S.A. 39:4-60 and to afford to the County
the immunities provided in N.J.S.A. 59:2-1.1.
Nothing herein shall circumscribe the authority
of the State Department of Transportation regarding the regulations
promulgated pursuant to the Administrative Procedure Act, N.J.S.A.
52:14B-1 et seq. or the authority therein reserved to authorize charitable
organizations to solicit on any state highway or intersection of a
state highway.
[Adopted 7-26-2011 by Ord. No. 14-2011]
Charitable solicitations on designated County roadways and at
designated County intersections shall be limited to charitable organizations
defined under the provisions of N.J.S.A. 45:17A-20.
A.
In order for a charitable organization, as defined above, to be considered
for approval of permission to conduct solicitation activities, the
organization must first secure the concurrence of the local municipality
where the organization is situated and/or in which the solicitation
activity is to be conducted. Municipal approval shall be pursuant
to authorization by a municipal ordinance enacted pursuant to N.J.S.A.
39:4-60, and it shall be the responsibility of the charitable organization,
at least 30 days prior to the scheduled solicitation event, to submit
a copy of the ordinance to the Clerk of the Atlantic County Board
of Chosen Freeholders ("Board"), along with a completed signed and
dated application form as developed by the County of Atlantic ("County")
for the solicitation event.
B.
The completed signed and dated application form with satisfactory
responses to all information and documentation requests shall be accompanied
by the copy of the municipal ordinance authorizing the solicitation
event and with evidence of approval of the solicitation event by the
municipality. It shall also be accompanied with the following additional
documents:
(1)
A current certificate of insurance from a reputable insurance company
authorized to transact business in the State of New Jersey naming
the County and the Board as additional insureds for liability purposes
in an amount not less than $1,000,000;
C.
Failure of the organization to timely submit to the Board at least
30 days prior to the scheduled solicitation event the completed signed
and dated application, with satisfactory responses to all information
and documentation requests in it, and the certificate of insurance
and the indemnification and hold harmless agreement referenced above,
shall subject the application to rejection.
D.
The application may also be rejected if the scheduled event does not meet the safety criteria set forth in Chapter 43 of the Atlantic County Code, N.J.S.A. 39:4-60 and/or the regulations promulgated pursuant to the Administrative Procedure Act by the Department of Transportation in consultation with the Division of Highway Traffic Safety.
E.
Additionally, the Board may consider the reasons below for not bringing
a resolution of approval to action, or for an adverse vote on such
a resolution:
(1)
Where circumstances suggest that traffic would be unreasonably impeded,
interrupted or delayed;
(2)
When the turning movements, traffic densities and/or speeds of the
particular highway or intersection do not permit the safe interaction
between the solicitor and vehicular traffic;
(3)
Solicitation would interfere with construction activity; or
(4)
Denial of the solicitation permit is necessary to protect public
safety.
Each organization which satisfactorily meets the qualifications of §§ 43-4 and 43-5 of this article shall be limited to two one-day solicitation events per year in the aggregate. Each organization approved by the Board for a solicitation event shall additionally be required to comply with the following requirements:
A.
Solicitation activities shall be undertaken by persons age 18 or
older;
B.
Solicitation shall take place only during daylight hours, and participants
must wear reflective safety vests in accordance with New Jersey Department
of Transportation standards;
C.
Solicitors shall not drink alcoholic beverages, use drugs or be under
the influence of drugs or alcohol when engaged in solicitation activities;
D.
Solicitation shall not stop or impede the flow of traffic. Traffic
shall be stopped before solicitation may occur, and solicitation shall
cease while traffic is moving. Soliciting organizations shall not
use a flagman;
E.
The soliciting organizations shall place two warning signs, the first
of which shall indicate "charitable solicitation 500 feet ahead" and
a second sign following which shall identify the organization conducting
the solicitation. Signage shall comply with all requirements contained
in N.J.A.C. 16:40-6.1.
F.
Violations of any of these requirements and/or the safety requirements of Chapter 43 of the Atlantic County Code, N.J.S.A. 39:4-60 and/or the regulations of the Department of Transportation previously referenced, may be grounds for immediate termination of the event by the appropriate municipal authorities for the municipality or the Atlantic County Director of Public Safety.
The County and the Board assume no responsibility for the sponsorship,
direction or control of any fundraising event permitted under this
article. The charitable organization conducting any event hereunder
shall assume full and complete responsibility for the sponsorship
and control of all aspects of the fundraising event, including the
safety and welfare of its member participants as well as members of
the public. The County and the Board shall retain all tort claim immunities
pursuant to both the New Jersey Claims Act, N.J.S.A. 59:1-1 et seq.,
and common law. Any charitable organization, as previously defined,
availing itself of the activities afforded under this article agrees
to indemnify, defend and hold harmless the County and the Board, and
their agents, servants, and employees from any claims for death, personal
injury, property damage or claims of any type that may arise as a
result of activities and events conducted by the organization pursuant
to this article.
Nothing contained herein shall circumscribe the State Department
of Transportation's regulations promulgated pursuant to the Administrative
Procedures Act, N.J.S.A. 52:14B-1 et seq., to regulate or prohibit
solicitation events on any state highway or any intersection encompassing
a state highway.
The Board may authorize approval for a solicitation event to
those organizations that meet the requirements described herein by
resolution, subject to the provisions of this article pursuant to
N.J.S.A. 39:4-60 and the criteria and safety requirements described
herein. The Board shall not be required to list a resolution of approval
for action, nor shall the Board be precluded from denying approval
by way of an adverse vote on such a resolution. In the event of a
denial, a denial letter shall issue which sets forth the reasons for
the denial. An applicant which has been denied a permit shall, if
it desires, submit a written request for reconsideration within 30
days of denial of the permission, and the reconsideration request
will be considered and/or acted upon by resolution using the same
process and criteria set forth herein. After reconsideration a rejection
shall be considered to be final.
The County reserves the right to suspend solicitation operations
at any time if any condition of the permission is violated or if,
in the judgment of the local police or in the judgment of the Atlantic
County Director of Public Safety, traffic is being impeded or delayed
or the public safety is at risk.
Any provisions of Chapter 43 of the County Code entitled "Roadway Solicitation" which are inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
Any person engaged in solicitation activities found guilty of
violating a provision of this article shall be liable for a fine not
to exceed $100 for each day of such violation. Tickets may be written
by local police under N.J.S.A. 39:4-60. Prosecution shall take place
in the municipal court of the municipality where the solicitation
fund-raising event occurred.
