[Adopted 7-28-2009 by Ord. No. O:20-2009; amended in its
entirety 5-29-2018 by Ord. No.
O:14-2018]
The purpose of this chapter is to set forth the rules and regulations
governing the use and placement of charitable clothing bins for solicitation
throughout the Township of Monroe.
As used in this chapter, 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 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.
The fee for use of a charitable clothing bin is outlined in Chapter
74, Fees, §
74-42, of the Code of the Township of Monroe. Said fee is a nonrefundable fee and shall be charged per each application for a permit under this chapter to offset the costs involved in enforcing the provisions of N.J.S.A. 40:48-2.60 et seq.
The applicant and any other entity which may share or profit
from any clothing or other donations collected by the bin shall maintain
a bona fide office where a representative of the applicant or other
entity, respectively, may be contacted during normal business hours
for the purpose of offering information concerning the applicant or
other entity. For the purposes of this subsection, an answering machine
or service unrelated to the applicant does not constitute a bona fide
office.
In addition to any other penalties or remedies authorized by
this chapter and the laws of this state, any person who violates any
provision of this chapter which results in seizure of the charitable
clothing bin shall be:
A. Subject to a penalty of up to $2,000 for each such violation. The
Department of Code Enforcement and/or its designee may bring this
action in the Municipal Court or Superior Court as a summary proceeding
under the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.,
and any penalty monies collected shall be paid to the Township of
Monroe's Chief Financial Officer; and
B. Deemed ineligible to place, use, or employ a charitable clothing
bin for solicitation purposes set forth herein. An applicant disqualified
from placing, using, or employing a charitable clothing bin may apply
to the Department of Code Enforcement and/or its designee to have
that applicant's eligibility restored. The Department of Code
Enforcement and/or its designee may restore the eligibility of an
applicant who:
(1) Acts within the public interest; and
(2) Demonstrates that he made a good faith effort to comply with the
provisions of this chapter and all other applicable laws and regulations
or has no fraudulent intentions.