The following words and terms, when used in
this article, shall have the following meanings, unless the context
clearly indicates otherwise:
The Lavallette Fire Department and the Lavallette First Aid
Squad only. Said organizations are charitable organizations as defined
within N.J.S.A. 45:17A-20.
A permit issued by the Department pursuant to N.J.A.C. 16:40-1.1
et seq.
The State Department of Transportation.
The 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 permit issued by the Borough of Lavallette pursuant to
this article.
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.
A.
Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-1.1,
authorized charitable organizations are hereby permitted to solicit
contributions in the right-of-way of a highway located within the
Borough, subject to the provisions and restrictions contained in this
chapter.
B.
The within authorization is subject to the regulations
promulgated by the Department in consultation with the Division of
Highway Traffic Safety, as set forth in N.J.A.C. 16:40-1.1 to 11.1.
C.
Under no circumstances may an authorized charitable
organization conduct a roadway charitable solicitation without first
having obtained a permit from the Chief of Police.
A.
An authorized charitable organization seeking issuance
of a roadway solicitation permit shall file an application with the
Chief of Police on forms provided by the Chief of Police.
(1)
An application for a roadway solicitation permit shall
be filed with the Chief of Police not less than seven days before
the date upon which it is proposed to conduct such roadway solicitation.
(2)
Contents of roadway solicitation permit. The application
for a roadway solicitation permit shall set forth the following information:
(a)
Name, address and telephone number of the authorized
charitable organization seeking to conduct a roadway charitable solicitation.
(b)
Date and times upon which roadway solicitation
is proposed.
(c)
Method of roadway charitable solicitation (i.e.,
coin toss using blankets).
(d)
Specific location or locations of proposed roadway
charitable solicitation.
(e)
Contact person for the authorized charitable
organization.
(f)
Names of the persons (solicitors) conducting
the roadway charitable solicitations on behalf of the authorized charitable
organization at each proposed location.
(g)
Any additional information which the Chief of
Police shall find reasonably necessary for the fair determination
as to whether a permit should be issued.
B.
If the proposed roadway charitable solicitation is
to be conducted upon any county highway or intersection, the authorized
charitable organization must submit evidence of approval by the Ocean
County Board of Freeholders pursuant to N.J.S.A. 39:4-60.
C.
If the proposed charitable solicitation is to be conducted
upon any state highway or intersection, the authorized charitable
organization must submit evidence of approval in the form of a charitable
solicitation permit received from the Department under N.J.A.C. 16:40-1.1
et seq.
(1)
The Chief of Police is hereby authorized to sign the
charitable solicitation permit on behalf of the Borough.
(2)
The Chief of Police has been consulted and shall be
responsible for supervising the solicitation and enforcing the terms
of the charitable solicitation permit.
(3)
The roadway solicitation permit issued by the Borough
and the charitable solicitation permit issued by the Department shall
be in the possession of the solicitor for the authorized charitable
organization during all times of solicitation and be available for
inspection by the state, county and Lavallette Borough police enforcement
personnel.
A.
Solicitation of contributions is prohibited along
traffic circles or highway segments determined to be inappropriate
in the interest of public safety.
B.
Solicitation is permitted only at signalized intersections
or when the existing traffic control device causes temporary interruption
in the flow of normal traffic, such as at the opening of a movable
bridge.
C.
Borough police may suspend solicitation operations
at any time if any condition of either permit is violated or if, in
a police officer's sole discretion, traffic is being impeded or delayed
or the public safety is at risk.
D.
Solicitation shall be subject to the specific terms
and conditions of each permit granted.
E.
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 a flagperson
shall be prohibited.
F.
The authorized charitable organization shall be responsible
for cleaning up any debris from the roadway.
G.
Solicitation shall only be permitted during daylight
hours.
H.
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.
I.
Each person soliciting charitable contributions on
behalf of the authorized charitable organization shall be at least
18 years of age.
A.
All solicitors shall wear safety vests that are in
accordance with Department standards.
B.
Parking of vehicles shall comply with applicable traffic
regulations. Off-site parking is recommended.
C.
Coin tosses using blankets located off the traveled
way are the preferred method of solicitation.
D.
The solicitors shall not install any traffic control
devices.
A.
Signs advertising the roadway solicitation are permitted
but they must be of temporary construction and break-away to the extent
possible.
B.
Signage 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.
E.
Signs shall not be permitted in the traveled way or
medians less than eight feet in width.
F.
All signs warning, noticing or advertising solicitations
shall be removed immediately following the solicitation event.
Any person guilty of violating a provision of
this article shall be liable for a fine of no less than $100 and no
more than $1,000, imprisonment not to exceed 90 days or community
service of not more than 90 days, or any combination of fine, imprisonment
and community service.
