The purpose of this chapter is to implement the provisions of
P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) and establishing guidelines
for the use of charitable clothing bins/donation clothing bins throughout
the Township of Logan.
For the purposes of this chapter only:
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.
Notwithstanding any other provision of law to the contrary,
no person, corporation or entity (hereinafter collectively "person")
shall place, use, or employ a charitable clothing bin/donation clothing
bin, for solicitation purposes, unless all of the following requirements
are met:
A. Permit. The person shall obtain a permit, valid for one year, issued
by the Township's Zoning Officer and/or his/her designee. In
applying for such a permit, the person shall include:
(1) The name and address of the property owner(s) where the bin is proposed
to be situated;
(2) The location (street address and block/lot) where the bin would be
situated;
(3) The location on the property in relation to the property lines and
improvements (number of feet [distance] from all property lines and
improvements), as precisely as possible;
(4) 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 the collected donations would
be allocated or spent;
(5) The name and telephone number of the bona fide office of any entity
which may share or profit from any clothing or other donations collected
via the bin;
(6) Written consent from the property owner to place the bin on its property;
and
(7) The fee for an application for a permit shall be $35.
[Amended 6-15-2010 by Ord. No. 08-2010]
B. Renewal of permit.
(1) An expiring permit for a charitable clothing bin/donation clothing
bin may be renewed upon application for renewal.
(2) The fee for a permit renewal shall be $35 upon application for renewal.
[Amended 6-15-2010 by Ord. No. 08-2010]
C. Denial of permit.
(1) The Township of Logan's Zoning Officer and/or his/her designee
shall not grant an application for a permit to place, use or employ
a charitable clothing bin/donation clothing bin if the Zoning Officer
and/or his/her designee 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 or sells fuel or other flammable liquids
or gases or other combustible products.
(2) No bin shall be placed upon any public property, public right-of-way
and/or easement and/or public road without the consent and approval
of the governing body.
D. Display of permit information.
(1) The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin. In addition, the following information set forth in Subsection
D(2) of this section shall be displayed.
(2) The following information must be clearly and conspicuously displayed
on the exterior of the charitable clothing bin/donation clothing bin:
(a)
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;
(b)
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. For purposes of this subsection,
an answering machine or service unrelated to the person does not constitute
a bona fide office; and
(c)
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.
All prior ordinances or parts of ordinances inconsistent with
this chapter are hereby repealed to the extent of such inconsistencies.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.