[HISTORY: Adopted by Council of the City of Northfield as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-30-2017 by Ord. No. 7-2017]
The City of Northfield shall permit charitable organizations,
as defined in Section 3 of P.L. 1994, c. 16 (N.J.S.A. 45:17A-20),
to solicit contributions on the roadways and highways located in the
City of Northfield, except those roadways and highways owned, controlled
and maintained by the State of New Jersey, between April 1 and November
30, in accordance with the provisions contained herein. This article
is promulgated pursuant to N.J.S.A. 39:4-60, as amended by P.L. 1997,
c. 82, approved April 30, 1997.
All charitable organizations herein who wish to solicit contributions
in the roadways and highways located in the City of Northfield shall
file a completed signed and dated application form, as developed by
the City of Northfield, with the Municipal Clerk at least 90 days
prior to the proposed solicitation event, but in no event sooner than
January 1 of the calendar year in which the requested solicitation
is to occur, which shall specify the following information:
A.
The name of the organization.
B.
The address of the organization.
C.
Purpose of funds to be collected.
D.
Name and address of person responsible/accountable for funds collected.
E.
The telephone number of the organization.
F.
The contact person at the organization.
G.
The location of the proposed charitable solicitation.
H.
The date of the proposed charitable solicitation event and two alternate
event dates in the event of a conflict.
I.
Submit evidence of approval of charitable exempt status.
J.
Certificate of insurance evidencing general liability insurance coverage
in the minimum amount of $1,000,000, naming the City of Northfield
as an additional insured.
K.
Execution of a hold harmless and indemnification agreement between
the organization and the City.
L.
The name and contact phone number of the coin drop supervisor (who
must be on location for the duration of the solicitation event) for
police, safety and other contact or communication.
M.
N.
Said request shall be reviewed by the Chief of Police of the City
of Northfield, or his designee, who shall make a recommendation to
the Mayor and Common Council of the City of Northfield through the
Municipal Clerk as to the relative aspects of the request, including
a review of the location, dates and times of the request, and a review
of the safety procedures and/or methods to be employed by said charitable
organization. The Chief of Police shall thereafter forward a report
to the Mayor and Common Council of the City of Northfield through
the Municipal Clerk as to his/her opinion to the granting, rejecting
or modification of any proposed charitable solicitation. Should the
Common Council grant the application, it shall authorize the same
through the adoption of a resolution.
O.
No charitable organization shall conduct solicitation activities
on a municipal roadway, nor on any state highway. Requests shall only
be considered for county roadways and/or highways, and shall be subject
to the further approval of the Atlantic County Board of Chosen Freeholders
to permit said charitable solicitation.
P.
Any charitable organization requesting authorization from the City
of Northfield for said charitable solicitation shall comply with all
of the terms and conditions of N.J.S.A. 39:4-60, as amended by P.L.
1997, c. 82, approved April 30, 1997.
Q.
Failure of the organization to timely submit to the Municipal Clerk
at least 90 days prior to the scheduled solicitation event the completed
signed and dated application, with satisfactory responses to all information
and documentation requests contained therein, and the certificate
of insurance and the indemnification and hold harmless agreement referenced
above, shall subject the application to rejection. Additionally, the
Chief of Police or the Common Council 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.
R.
The frequency of charitable roadway solicitation events shall be
limited as follows:
(1)
A maximum of three total roadway solicitation events shall be permitted
during any calendar year.
(2)
The solicitation event shall be a maximum of one day which shall
not be on a holiday or a holiday weekend.
(3)
No single organization shall be granted approvals for solicitations
on more than two occasions per year (January through December).
(4)
Only one solicitation location per occasion.
(5)
Hours of solicitation to be limited between 9:00 a.m. and 4:00 p.m.
(6)
Only one charitable roadway solicitation event shall be permitted
per day throughout the municipality.
S.
Each organization approved by the City of Northfield and the County
of Atlantic for a solicitation event shall additionally be required
to comply with the following requirements:
(1)
Provision of the written approval from the County of Atlantic of
the organization's charitable roadway solicitation to the Clerk
of the City of Northfield.
(2)
Terms and conditions as provided for in the application, this article,
and the requirements of N.J.A.C. 16:40-6.1.
(3)
Solicitation activities shall be undertaken by persons age 18 or
older.
(4)
Participants must wear reflective safety vests in accordance with
New Jersey Department of Transportation standards.
(5)
Solicitors shall not drink alcoholic beverages, use drugs or be under
the influence of drugs or alcohol when engaged in solicitation activities.
(6)
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.
(7)
No assistance will be rendered by the City of Northfield or any of
its departments or employees, including but not limited to the Northfield
Police Department, in terms of traffic control, signage, provision
of cones, reflective vests, equipment or personnel. Applicants must
supply their own materials, equipment and personnel.
(8)
Solicitation signs shall be constructed of wood or other stable material
and be no smaller than three feet high and two feet wide and no larger
than four feet high and three feet wide.
(9)
All solicitation signs must be removed immediately upon completion
of the solicitation event.
(10)
Solicitations may only occur at controlled intersections and
when traffic is stopped.
(11)
A minimum of six participants must be in attendance and working
at all times during each solicitation event.
(12)
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.
(13)
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 Northfield Police Department.
T.
The City of Northfield assumes 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 City of Northfield 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 City of Northfield, 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.
U.
The Common Council of the City of Northfield 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 Common Council shall not be required to list
a resolution of approval for action, nor shall the Common Council
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 be issued
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, to
the Municipal Clerk, 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.
V.
The City of Northfield 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 Northfield Police Department, traffic
is being impeded or delayed or the public safety is at risk.
W.
Any person engaged in solicitation activities found guilty of violating
a provision of this article shall be liable for a fine not to exceed
$2,000 for each day of such violation.
Classification of organizations, application approval and lottery
procedures shall be adopted by resolution.
