§ 7-17. SOLICITATION ON BOROUGH ROADWAYS.
7-17.1 Purpose and Intent. The purpose of this section is to implement the policies and procedures of P.L. 1997, Chapter 82, N.J.S.A. 39:4-60. It is the intent of the Mayor and Borough Council to authorize charitable organizations to solicit contributions on the roadway of highways within the Borough of Sayreville to the extent permitted by P.L. 1997, Chapter 82, N.J.S.A. 39:4-60. The terms "roadway" and "highway" shall have the meanings as defined in Title 39 of the Revised Statutes, N.J.S.A. 39:1-1 et seq.
(Ord. #519-97, § 1)
7-17.2 Charitable Organizations. Only charitable organizations as defined in section 3 of P.L. 1994, Chapter 16, N.J.S.A. 45:17A-20 will be granted permission to solicit contributions in the roadway of highways in the Borough of Sayreville.
(Ord. #519-97, § 2)
7-17.3 Application for Permit. In order for a qualified charitable organization to obtain permission to solicit contributions on the roadway of highways within the Borough of Sayreville, the organization must submit an application with the Borough Clerk at least sixty (60) days prior to the proposed date of the solicitation. The charitable organization shall establish proof of the compliance with section 3 of P.L. 1994, Chapter 16, N.J.S.A. 45:17A-20 in the application. The application shall be submitted to the Chief of Police and the Municipal Department Head of the Public Works Department (the "Public Works Director"). The Chief of Police and Public Works Director shall review the application and determine if there are any traffic or public safety issues which would be created or impacted by the use of the proposed location for solicitation. The Chief of Police may also perform an independent investigation to determine whether the charitable organization complies with section 3 of P.L. 1994, Chapter 16, N.J.S.A. 45:17A-20. Following their review, the Chief of Police and the Public Works Director shall recommend to the Mayor and Borough Council that the application be: (a) approved, (b) approved subject to conditions, or (c) rejected. Upon receipt of the reports from the Chief of Police and the Director of Public Works, the Mayor and Borough Council may: (a) grant the application, (b) grant the application subject to conditions, or (c) deny the application.
(Ord. #519-97, § 3)
7-17.4 County and State Approval. Nothing in this section shall be deemed to limit the obligation of an authorized charitable organization to obtain the necessary approval from the Board of Chosen Freeholders, or the Commissioner of Transportation of the State of New Jersey as may be required by P.L. 1997, Chapter 82, N.J.S.A. 39:4-60. When the roadway of the highway which the charitable organization has proposed to use as the location for solicitation is maintained by the County of Middlesex or the State of New Jersey, the charitable organization must obtain the approval of the Board of Chosen Freeholders or the Commissioner of Transportation, as the case may be. Such County or State approval, if required, shall be obtained prior to consideration of the application by the Mayor and Borough Council.
(Ord. #519-97, § 4)
7-17.5 Privileges and Immunities. Nothing in this section shall be deemed to grant any privilege or entitlement to the issuance of a permit to any charitable organization. Neither this section nor the issuance of a permit pursuant thereto shall create any obligation upon the Borough of Sayreville to insure the safety of the members of the charitable organization. The issuance of a permit to an authorized charitable organization shall be deemed to create an obligation upon the authorized charitable organization to defend, indemnify and hold the Borough of Sayreville harmless for any injury or damage caused by any act or omission of the members of the charitable organization.
(Ord. #519-97, § 5)
7-17.6 Penalty. Any person or organization who shall violate any of the provisions of this section or any of the provisions of P.L. 1997, Chapter 82, N.J.S.A. 39:4-60, shall pay, upon conviction, penalty not to exceed the maximum permitted by said statute.
(Ord. #519-97, § 6)