[HISTORY: Adopted by the Board of Chosen Freeholders (now Board of County Commissioners) 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 County Commissioners hereby authorize the Chairman of the Board of County Commissioners, 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.
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 County Commissioners ("Board"), along with a completed signed and dated application form as developed by the County of Atlantic ("County") for the solicitation event.
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:
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;
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.
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.
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:
Where circumstances suggest that traffic would be unreasonably impeded, interrupted or delayed;
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;
Solicitation would interfere with construction activity; or
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:
Solicitation activities shall be undertaken by persons age 18 or older;
Solicitation shall take place only during daylight hours, and participants must wear reflective safety vests in accordance with New Jersey Department of Transportation standards;
Solicitors shall not drink alcoholic beverages, use drugs or be under the influence of drugs or alcohol when engaged in solicitation activities;
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;
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.
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.