City of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 11-13-2008 by Ord. No. 23-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Fee Schedule — See Ch. 146.
Peddling and soliciting — See Ch. 259.

§ 121-1 Definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated:
SOLICITATION or SOLICIT
[1]
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.
[1]
Editor's Note: The former definition of "appropriate municipal agency," which immediately preceded this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 121-2 Requirements for placement and use for solicitation purposes.

Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a donation clothing bin, for solicitation purposes, unless all of the following requirements are met:
A. 
The person has obtained a permit, valid for one year, from the Building Department on a form provided by the Building Department, in accordance with the following:
(1) 
The permit application, whether or not specifically requested on the form, shall include:
(a) 
The precise location where the applicant proposes to situate the bin, which must include the address of the property on which the bin is to be located and a detailed description of the location on the property the applicant proposes to place the bin which may be accomplished through the submission of a survey, architectural rendering or other visual depiction;
(b) 
The manner in which the person anticipates any clothing or other donations collected via the bin will be used, sold, or dispersed, and the method by which the proceeds of collected donations will be allocated or spent;
(c) 
The name, address and telephone number of the bona fide office required pursuant to Subsection B of this section, of any entity which may share or profit from any clothing or other donations collected via the bin; and
(d) 
Written consent from the property owner to place the bin on his property; and
(e) 
A description of the material from which the bin will be constructed, the proposed color of the bin, and a description of all wording, pictures or other visual depictions, if any which will be placed on the bin that is in addition to the information required to be placed on the bin pursuant to Subsection C hereof;
(2) 
The Building Department 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. In addition, the Building Department shall not grant an application if it determines that the material from which the applicant proposes to construct the bin is not sufficiently durable to withstand the elements thus constituting a safety hazard or if it determines that the color of the bin or the wording, pictures or other visual depictions on the bin are such as to constitute a traffic safety hazard;
(3) 
The Building Department shall charge a fee as set forth in Chapter 146, Fee Schedule, for such application to offset the costs involved in reviewing license applications and enforcing this chapter;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of a fee as set forth in Chapter 146, Fee Schedule, imposed by the Building Department for such renewal to offset the costs involved in enforcing this chapter. Such application shall include:[2]
(a) 
The precise location where the bin is presently situated;
(b) 
The manner in which the person has used, sold, or dispersed any clothing or other donations collected via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates it may make in these processes during the period covered by the renewal;
(c) 
The name, address and telephone number of the bona fide office, required pursuant to Subsection B of this section, 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;
(d) 
If the person intends to move the bin, the applicant must supply all information required under Subsection A(1)(a) of this section;
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection C of this section;
B. 
The person, and any other entity which may share or profit from any clothing or other donations collected via the bin, maintains a bona fide office where a representative of the person and/or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person and/or other entity. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office; and
C. 
The following information is clearly and conspicuously displayed on the exterior of the donation clothing bin:
(1) 
The name and address of the registered person that owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;
(2) 
The telephone number of the person'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;
(3) 
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
(4) 
A statement, consistent with the information provided to the Building Department in the most recent permit or renewal application pursuant to Subsection A(1)(b) of this section and Subsection A(4)(b) of this section, indicating 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.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Any other information required by law.

§ 121-3 Limitation on number of permits and placement of bins.

The City reserves the right to limit the number of donation clothing bin permits. No more than two donation clothing bins may be placed on any particular parcel of property; provided, however, that the Building Department may, in its sole discretion, limit the number of donation clothing bins on a property to one if it believes that the additional bin would pose a safety hazard. The City reserves the right to refuse placement of any clothing bins on City property.

§ 121-4 Complaints; warning; hearing; removal of bin. [1]

A. 
Any person may submit a complaint about a charitable donation bin to the Building Department, and upon receipt of such complaint, the Building Department shall, within 30 days, investigate any such complaints. Whenever it appears to the Building Department that a person has engaged in, or is engaging in any act or practice in violation of Section 2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61), the person to whom a permit to place a donation clothing bin was issued shall be issued a warning, stating that if the violation is not rectified or a hearing with the Building Department 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 to whom a permit to place a donation clothing bin was issued does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Building Department 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 City of Burlington.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 121-5 Violations and penalties; additional remedies. [1]

In addition to any other penalties or remedies authorized by the laws of this state, 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 Building Department 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 paid to the City of Burlington; and
B. 
Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to Section 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 P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the Building Department to have that person's eligibility restored. The Building Department 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 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).