Notwithstanding any other provision to the contrary, no persons
shall place, use or employ a donation clothing bin, for solicitation
purposes, unless they have obtained a permit for a period of one year,
issued by the Zoning Official.
An expiring permit for a donation clothing bin may be renewed
on an annual basis upon payment of the $25 (unless waived for a charitable
organization). The application shall include the following information:
A. The location where the bin is situated, as precisely as possible,
and if applicant intends to move it, the new location where the bin
would be situated after the renewal is granted;
B. The manner in which the entity 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 entity anticipates it may make in these processes
during the period covered by the renewal;
C. The name and telephone number of the bona fide office of the applicant
and 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. The schedule of pickups removing the articles from the bins, which
can be no less often than once per week, and the name and telephone
number of the person to be notified if the bin is overflowing prior
to the date of pickup; and
E. Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A. The permit number and expiration date; and
B. The information required to be displayed on the bin as set forth
in N.J.S.A. 40:48-2.61.
In addition to any other penalties or remedies authorized by
law, any person or entity who violates any provision of this chapter
shall be subject to a penalty of up to $20,000 for each violation
pursuant to N.J.S.A. 40:48-2.60 et seq. The Borough may bring this
action in the Municipal Court or the Superior Court as a summary proceeding
under the Penalty Enforcement Law of 1999. Any penalty moneys collected
therefrom shall be paid to the Chief Financial Officer of the Borough.
An entity violating this chapter shall be deemed ineligible to place,
use, or employ a donation clothing bin for solicitation purposes pursuant
to N.J.S.A. 40:48-2.61 et seq. An entity disqualified from placing,
using, or employing a donation clothing bin by violating the provisions
of N.J.S.A. 40:48-2.60 et seq. may apply to the Zoning Official to
have eligibility restored. The Zoning Official may restore the eligibility
of an entity who acts within the public interest and demonstrates
that it has made a good faith effort to comply with the provisions
of N.J.S.A. 40:48-2.60 et seq. and all other applicable laws and regulations
and has no fraudulent intentions.