[Adopted 10-3-2011 by Ord. No. 2011-11[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
III, Solicitation of Contributions in Roadways, adopted 11-2-2009
by Ord. No. 2009-21.
A.
Charitable organizations shall be permitted to solicit contributions
in the right-of-way of a highway within the Borough of Berlin other
than traffic circles or highway segments determined to be inappropriate
by the Department in the interest of public safety.
B.
Charitable solicitations are not permitted on any county highway
or intersection thereof without the approval of the Camden County
Board of Chosen Freeholders. Charitable solicitations are not permitted
on any state highway or intersection thereof without the prior approval
of the Department. To obtain approval from the Department, the charitable
organization shall obtain a "Charitable Solicitation Permit" from
the Regional Maintenance Engineer.
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
Any person determined by the Federal Internal Revenue Service
to be a tax exempt organization pursuant to Section 501(c)(3) of the
Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
Any person who is, or holds himself or herself out to be, established
for any benevolent, philanthropic, humane, social welfare, public
health, or other eleemosynary purpose, or for the benefit of law enforcement
personnel, firefighters or other persons who protect the public safety,
or any person who in any manner employs a charitable appeal as the
basis of any solicitation, or an appeal which has a tendency to suggest
there is a charitable purpose to any such solicitation.
Any purpose described in Section 501(c)(3) of the Internal Revenue
Code of 1986, 26 U.S.C. § 501(c)(3); or
Any benevolent, philanthropic, humane, social welfare, public
health, or other eleemosynary objective, or an objective that benefits
law enforcement personnel, firefighters, or other persons who protect
the public safety.
A permit issued by the Department pursuant to N.J.A.C. 16:40-1.1
et seq.
The New Jersey Department of Transportation.
A multilane, divided highway having a minimum of two lanes
in each direction and limited access.
A public right-of-way, whether open or improved or not, including
all existing factors of improvements.
State highway property and property rights, including easements,
owned and controlled by the Department.
The portion of the roadway that lies between the edge of
the traveled way and curbline, excluding auxiliary lanes.
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the Department.
The portion of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
Charitable organizations which desire to solicit contributions
in a roadway within the Borough of Berlin shall first satisfy the
following requirements:
A.
Each applicant shall submit a permit application to the Chief of
Police on forms supplied by the Borough.
B.
An application shall not be considered to have been submitted, until
the proper application fee has been submitted and the application
is deemed complete.
C.
All applications shall be reviewed and either approved or denied
within 30 days of their submission. The time for review and approval
may be extended by the written consent of the applicant.
D.
The application form shall specify the location, dates and times
of the proposed charitable solicitation. One application form may
cover multiple dates during the same calendar year.
E.
If the charitable solicitation is on the border of two or more municipalities,
each municipality must permit the charitable solicitation by ordinance
and the applicant must obtain a permit from each municipality.
F.
If the charitable solicitation is proposed on any county highway
or intersection of a county highway, the application form shall also
be accompanied by written approval from the Camden County Board of
Chosen Freeholders.
G.
If the charitable solicitation is proposed on any state highway or
intersection of a state highway, the issuance of a permit by the Borough
of Berlin will be conditioned upon the applicant obtaining a charitable
solicitation permit from the Department.
H.
The application must be signed by an authorized representative of
the applicant certifying that the applicant has reviewed this article
and shall comply with all requirements set forth herein.
I.
The applicant shall provide such other information as may from time
to time be required or deemed necessary by the governing body of the
Borough of Berlin.
Subsequent to the filing of a complete application in accordance
with the provisions of this article, the Chief of Police shall review
the application and shall make appropriate recommendations to the
governing body as deemed necessary in his judgment. The governing
body shall by ordinance authorize a permit to allow the charitable
solicitation including, as a condition of the permit, any recommendations
made by the Chief of Police. The permit shall also be subject to any
conditions imposed by law. In cases where the charitable solicitation
requires county or state approval, the permit issued shall be conditional,
subject to approval by the county and/or state.
Solicitation shall be permitted only at signalized intersections
within the Borough of Berlin.
Charitable solicitations in the right-of-way of a highway are
subject to the following conditions and requirements:
A.
Solicitation shall be permitted in the right-of-way of a highway,
but is strongly encouraged to be off the traveled way.
B.
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of flagmen is prohibited.
C.
The charitable organization shall be responsible for cleaning up
any debris from the right-of-way.
D.
Solicitation shall only be permitted during daylight hours.
E.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol when soliciting. Solicitors
shall not harass the public.
F.
Each person soliciting charitable contributions on behalf of the
charitable organization shall be at least 18 years old.
Charitable solicitations shall comply with the following safety
criteria:
A.
All solicitors shall wear safety vests that are in accordance with
NJDOT standards.
B.
Parking of vehicles shall comply with applicable traffic regulations.
All vehicles shall be parked off site.
C.
Coin tosses shall utilize blankets located off the traveled way as
the safest method of solicitation.
D.
The solicitor shall not install any traffic control devices.
Charitable solicitation shall comply with the following signage
requirements:
A.
Signs advertising the roadway solicitation are permitted, but they
must be of a temporary construction and breakaway to the extent possible.
B.
Signs shall be a maximum of 16 square feet.
C.
Signage shall be in accordance with the temporary signage standards
contained in the Manual on Uniform Traffic Control Devices, 1988 or
superseding issue, available through the Superintendent of Documents,
U.S. Government Printing Office, Washington, D.C. 20402.
E.
Signs shall not be permitted in the traveled way or in medians less
than eight feet in width.
F.
All signs warning, noticing, or advertising a solicitation shall
be removed immediately following the solicitation event.
The Borough of Berlin may deny a permit based on the following
reasons:
A.
To ensure that traffic flow is not unreasonably impeded, interrupted,
or delayed.
B.
The design of the particular highway and/or intersection, turning
movements, travel densities and/or speeds do not permit the safe interaction
between the solicitor and vehicular traffic.
C.
The solicitation would interfere with construction activity.
D.
To protect the public safety.
The state, county, local police or the Department may suspend
solicitation operations at any time if any condition or requirement
set forth herein is violated, or, if in the police officer's
or the Department's sole discretion, traffic is being impeded
or delayed or the public safety is at risk.
The fee schedule for charitable solicitations is as follows:
Notwithstanding the above, the Borough of Berlin 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 solicitations for the purpose of soliciting contributions,
conducted by a charitable organization.
The provisions of this article shall be enforced by the Chief
of Police or his assignee, who shall be responsible for supervising
the solicitation and enforcing the terms of the charitable solicitation
permit issued by the Department.
Any person guilty of violating a provision of this article shall
be liable to a fine not to exceed $100 for each day of such violation.
Tickets shall be written by state, county or local police pursuant
to N.J.S.A. 39:4-60.
