N.J. Admin. Code § 16:40-3.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:40-3.1 - General provisions and restrictions

(a) All permits for charitable solicitations on a State highway or its intersections must be approved by the Department and in compliance with the provisions of 39:4-60and 16:40-4.2.

(b) To obtain approval from the Department, the charitable organization shall obtain a charitable solicitation permit from the Operations Permit Office, subject to the provisions of this chapter.

(c) Charitable solicitation permits shall be granted only to charitable organizations soliciting for charitable purposes.

(d) Each person soliciting charitable contributions on behalf of the charitable organization shall be at least 18 years old.

(e) Solicitation shall be subject to the specific terms and conditions of each permit granted.

(f) Permits shall be in possession of the solicitor during all times of solicitation and be available for inspection by local, county, and State police enforcement personnel.

(g) Solicitation shall be permitted on State right-of-way, but is strongly encouraged to be off the traveled way.

(h) 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 or any traffic control device, either portable or permanent, shall be prohibited.

(i) The charitable organization shall be responsible for cleaning up any debris from the right-of-way that resulted from the solicitation activity.

(j) Solicitation shall only be permitted during daylight hours.

(k) State, county, local police, or the Department may suspend solicitation operations at any time if any condition of the permit 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.

(l) 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.

(m) The Department shall not be liable in any civil action for damages for property damage or personal injury arising out of the solicitation activity conducted by charitable organizations in highway right of way.

(n) Permits are valid for 12 calendar days from the start date of the event. Permits will be granted on a first come, first serve basis.

N.J. Admin. Code § 16:40-3.1

Amended by 48 N.J.R. 1829(b), effective 9/6/2016