[HISTORY: Adopted by the Township of Howell 2-17-2009 by Ord. No.
O-09-06. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind or value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
Notwithstanding any other provision of law to
the contrary, no person shall place, use, or employ a donation clothing
bin within the Township of Howell, for solicitation purposes, without
obtaining a permit from the Municipal Clerk, which is approved by
the Township Council. Permits are renewable on an annual basis during
the month of January.
The annual permit fee is as set forth in Chapter 139, Fees, and will be used to offset the costs involved in enforcing this chapter.
The application for obtaining a permit shall
include:
A.
The location where the bin would be situated, as precisely
as possible;
B.
The manner in which the person anticipates any clothing
or other donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
C.
The name and telephone number of the bona fide office of any person or entity which may share or profit from any clothing or other donations collected via the bin, at which such person can be reached during normal business hours. For the purposes of this Subsection C, an answering machine or service unrelated to the person does not constitute a bona fide office; and
D.
Written consent from the property owner to place the
bin on his property.
In addition to the above application requirements,
renewal applications must include:
A.
A statement on the manner in which the person has
used, sold, or dispersed any clothing or other donation collected
via the bin, the method by which the proceeds of collected donations
have been allocated or spent, and any changes the person anticipates
he or she may make in these processes during the period covered by
the renewal;
B.
The name and telephone number of the bona fide office
of any entity which shared or profited from any clothing or other
donations collected via the bin, and of any entities which may do
so during the period covered by the renewal; and
C.
If the location of the bin is to be moved, the new
location where the bin is to be situated, as precisely as possible,
and written consent from the property owner of the new location.
Howell Township shall not grant an application
for a permit to place, use, or employ a donation clothing bin if it
determines that the placement of the bin could constitute a safety
hazard. Such hazards shall include, but not be limited to, the placement
of a donation clothing bin within 100 yards of any place which stores
large amounts of, or sells, fuel or other flammable liquids or gases;
or the placement of a bin where it interferes with vehicular or pedestrian
circulation. The person placing, using or employing a donation clothing
bin shall maintain the bin and the area surrounding the bin such that
there shall be no accumulation of clothing or other donations outside
the bin.
The following information shall be clearly and
conspicuously displayed on the exterior of the donation clothing bin:
A.
The permit number and its date of expiration;
B.
The name and address of the registered person who
owns the bin, and of any other entity which may share or profit from
any clothing or other donations collected via the bin;
C.
The telephone number of the owner's bona fide office, and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin. For the purposes of this Subsection C, an answering machine or service unrelated to the person does not constitute a bona fide office;
D.
In cases when any entity other than the person who
owns the bin may share or profit from any clothing or other donations
collected via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations; and
E.
A statement, consistent with the information provided
to the Township in the most recent permit or renewal application,
indicating the manner in which the owner anticipates any clothing
or other donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent.
A.
The Zoning Officer shall receive and investigate,
within 30 days, any complaints from the public about the bin. Whenever
it appears to the Zoning Officer that a person has engaged in, or
is engaging in any act or practice in violation of this chapter, the
person who placed the bin shall be issued a warning, stating that
if the violation is not rectified or a hearing with the appropriate
municipal agency is not requested within 45 days, the bin will be
seized or removed at the expense of the person who placed the bin,
and any clothing or other donations collected via the bin will be
sold at public auction or otherwise disposed of. In addition to any
other means used to notify the person who placed the bin, such warning
shall be affixed to the exterior of the bin itself.
B.
In the event that the person who placed the bin does
not rectify the violation or request a hearing within 45 days of the
posting of the warning, Howell Township may seize the bin, remove
it, or have it removed, at the expense of the person who placed the
bin, and sell at public auction or otherwise dispose of any clothing
or other donations collected via the bin. Any proceeds from the sale
of the donations collected via the bin shall be paid to the Chief
Financial Officer of the Township.
In addition to any other penalties or remedies
authorized by the laws of this state, any person who violates any
provision of this chapter or the provisions of P.L. 2007, c. 209 (N.J.S.A.
40:48-2.60, et seq.) which results in seizure of the donation clothing
bin shall be:
A.
Subject to a penalty of up to $2,000 for each violation.
The Township may bring this action in the Howell Township Municipal
Court or the Superior Court of New Jersey as a summary proceeding
under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A.
2A:58-10 et seq.), and any penalty monies collected shall be paid
to the Chief Financial Officer of the Township; and
B.
Deemed ineligible to place, use, or employ a donation
clothing bin for solicitation purposes pursuant to this chapter and
P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from
placing, using, or employing a donation clothing bin by violating
the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.)
may apply to the Township Council to have that person's eligibility
restored. The Township Council may restore the eligibility of a person
who: