For the purposes of this chapter, relative to charitable clothing
bins, the following terms shall have the meanings indicated:
SOLICITATION or SOLICIT
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind of 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.
[Amended 3-8-2016 by Ord.
No. 4136-16]
It shall be unlawful for any person firm, or corporation to
erect, place, maintain or operate in the Township of Franklin any
charitable clothing bin without first submitting a completed application
to the Township Clerk; receiving approval from the Franklin Township
Police Department and Zoning Officer; and obtaining a decal from the
Township Clerk and affixing that decal to the charitable clothing
bin.
The application for a charitable clothing bin permit shall require
the following information from the applicant:
A. Name, address, telephone number, name of contact person of the organization
that is in charge of the charitable clothing bin;
B. Location where the bin would be situated, as precisely as possible,
including but not limited to block and lot of property, street address,
description of exact location of bin and written consent from the
property owner to place the bin on his property;
C. 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;
D. Name and telephone of the bona fide office required pursuant to §
109-7B of any entity which may share or profit from any clothing or other donations collected via the bin.
The Township shall not grant an application for a permit to
place, use, or employ a charitable clothing bin if it determines that
the placement of the bin could constitute a safety hazard. Such hazards
include, but shall not be limited to, the placement of a charitable
clothing bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases.
In addition to any other penalties or remedies authorized by
the laws of this state, county or municipality, any person who violates
any provision of this chapter which results in seizure of the donation
clothing bin shall be:
A. Subject to a penalty of up to $20,000 for each violation. The appropriate
municipal office may bring this action in the municipal court or Superior
Court 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 payable to the Chief Financial Officer of
the Township.
B. Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to § 2 of 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 § 2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.),
may apply to the appropriate municipal office to have that person's
eligibility restored. The appropriate municipal office may restore
the eligibility of a person who:
(1) Acts within the public interest; and
(2) Demonstrates that he made a good faith effort to comply with the
provisions of § 2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.), and all other applicable laws and regulations, or had no
fraudulent intentions.