Township of Little Falls, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Little Falls 11-14-2011 by Ord. No. 1141.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 29 but was renumbered to maintain the organization of the Code.

§ 58-1 Purpose.

Pursuant to N.J.S.A. 40:48-2.60 through 40:48-2.64, the purpose of this chapter is to provide a uniform set of procedures for administering the placement and maintenance of clothing bins within the Township of Little Falls (hereinafter referred to as "Township"), as well as providing for a uniform set of procedures for administering the issuance and revocation of all permits issued by the Township for the placement of clothing bins, consistent with the laws of the State of New Jersey.

§ 58-2 Definitions.

For purpose of this chapter, the following terms shall be defined as follows:
BONA FIDE OFFICE
Location at which a representative of the person or entity can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person or entity. An answering machine or service unrelated to the person or entity does not constitute a bona fide office.
CHARITABLE DONATION BIN
Any enclosed receptacle, container or other depository made of metal, steel, or a similar product, and designed or intended for the donation and the temporary storage of clothing or other materials.
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.

§ 58-3 Permit required.

A. 
Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a clothing bin for solicitation purposes, within the Township, without first obtaining a permit valid for a period of one year, from the Township Clerk, as hereinafter provided. The annual period for each permit shall commence on January 1 and conclude on December 31 of each year.
B. 
The Township will only issue permits for 12 charitable donation bins per year. The Township shall create a "wait list" for all of the applicants. The permits for the receptacles will be issued on a first-come-first-serve basis, with each company receiving a permit for a maximum of two bins.

§ 58-4 Applications for permit; fee.

A. 
Application for a permit to place and/or maintain a clothing bin shall be made, in writing, to the Township Clerk, prior to placing and/or maintaining the clothing bin.
B. 
The application shall contain the following information:
(1) 
Name, address, bona fide office and telephone number of the person, firm, corporation, club or charitable organization, institution or association placing and/or maintaining such clothing bin;
(2) 
Name and address of the owner of the premises on which the clothing bin is to be located and the written consent of the owner, if the applicant is other than the owner;
(3) 
Name, address, bona fide office and telephone number of any entity which may share or profit from any clothing or other donations collected via the bin;
(4) 
The location where the clothing bin would be situated, described as precisely as possible;
(5) 
A description of the proposed clothing bin, including dimensions;
(6) 
The manner in which the person, firm, corporation, club or charitable organization, institution or association anticipates any clothing or other donations collected via the charitable donation bin would be used, sold or dispersed, and the method by which the proceeds of collected donations would be allocated or spent;
(7) 
The schedule of pickups removing the articles from the clothing bins, which can be no less than once per week, and the name and telephone number of the person to be notified if the clothing bin is overflowing prior to the scheduled date of pickup; and
(8) 
Liability insurance certificate in an amount not less than $500,000 per incident.
C. 
The fee for such application for the permit to place and/or maintain a clothing bin shall be $25.
D. 
An expiring clothing bin permit may be renewed, upon application to the Township Clerk for renewal, which application shall include the following information and payment of a twenty-five-dollar permit renewal application fee:
(1) 
Name, address, bona fide office and telephone number of the person, firm, corporation, club or charitable organization, institution or association placing and/or maintaining such clothing bin;
(2) 
Name and address of the owner of the premises on which the clothing bin is to be located, and the written consent of the owner if the applicant is other than the owner, and, if the applicant intends to move the charitable donation bin to a new location upon renewal, the name and address of the owner of the premises on which the clothing bin is to be located and the written consent of the owner if the applicant is other than the owner;
(3) 
Name, address, bona fide office and telephone number 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;
(4) 
The location where the clothing bin would be situated, as precisely as possible, and, if the applicant intends to move it, the new location where the clothing bin would be situated, as precisely as possible;
(5) 
A description of the proposed clothing bin, including dimensions;
(6) 
The manner in which the person, firm, corporation, club or charitable organization, institution or association has used, sold or dispersed any clothing or other donations collected via the clothing bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person, firm, corporation, club or charitable organization, institution or association anticipates it may make in these processes during the period covered by the renewal;
(7) 
The schedule of pickups removing the articles from the charitable donation bins, which can be no less than once per week, and the name and telephone number of the person to be notified if the clothing bin is overflowing prior to the scheduled date of pickup; and
(8) 
Liability insurance certificate in an amount not less than $500,000 per incident.

§ 58-5 Regulations.

A. 
The following information shall be clearly and conspicuously displayed on the exterior of each charitable donation bin:
(1) 
The permit number and date of expiration;
(2) 
The name and address of the registered person, firm, corporation, club or charitable organization, institution or association that owns the chartiable donation bin, and any other entity which may share or profit from any clothing or other donations collected via the bin;
(3) 
The telephone number of the person, firm, corporation, club or charitable organization, institution or association's bona fide office and, if applicable, the telephone number of any other entity which may share or profit from any clothing or other donations collected via the bin;
(4) 
In cases when an entity other than the person who owns the clothing 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, firm, corporation, club or charitable organization, institution or association who owns the bin, and identifying all such entities which may share or profit from such donations; and
(5) 
A statement indicating the manner in which the person, firm, corporation, club or charitable organization, institution or association 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.
B. 
An application for a permit to place and/or maintain a charitable donation bin shall not be granted and/or may be revoked if the Township's Building Official and/or Police Division determines that the placement of the bin constitutes a health or safety hazard. Such hazards shall include, but are not limited to, the placement of a clothing bin in parking spaces, in any area that interferes with pedestrian or vehicular traffic, landscaping, required setbacks, or within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases, or is likely to or does attract vermin or litter.
C. 
Charitable donation bins may not be placed upon residential properties.
D. 
Each charitable donation bin shall be considered an accessory to any existing nonresidential use, and shall not be located within 100 feet of any residential area, except if located upon Township property.
E. 
Charitable donation bins are not to be placed in any front yards, and a minimum setback of 10 feet from property lines shall be required.
F. 
Charitable donation bins may not be placed in any required driveways or upon any unimproved lots within the Township.
G. 
Charitable donation bins may be placed within a parking area, provided that the Municipal Engineer determines that the space or spaces dedicated to the bins are underutilized.
H. 
A maximum of two charitable donation bins may be placed and maintained at any specific property within the Township, with the exception of the DPW transfer station, which may have a maximum of four charitable donation bins located thereon.

§ 58-6 Duty to maintain and service bins.

It shall be the obligation and duty of the person, firm, corporation, club or charitable organization, institution or association placing, using, employing or owning a charitable donation bin to properly maintain and service each such bin placed within the Township, so as to prevent the creation and/or maintenance of any nuisance, hazardous or unsafe condition.

§ 58-7 Enforcement.

This chapter shall be enforced by the Building Division and/or the Police Division. All charitable donation bins shall be subject to inspection by the Building Division, Police Division, or any duly authorized representative of the Township.

§ 58-8 Receipt and investigation of complaints.

A. 
The Building Division and/or the Police Division shall receive and investigate, within 10 days, any complaints from the public about a charitable donation bin.
(1) 
Whenever it appears that a person, firm, corporation, club or charitable organization, institution or association has engaged in, or is engaging in, any act, omission or practice which violates this chapter, the person, firm, corporation, club or charitable organization, institution or association who placed and/or maintains the clothing bin shall be issued a warning, stating that if the violation is not rectified or a hearing is not requested within 45 days, the bin will be seized or removed at the expense of the person, firm, corporation, club or charitable organization, institution or association 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 the sole discretion of the Township.
(2) 
In addition to any other means used to notify the person, firm, corporation, club or charitable organization, institution or association who placed the bin, such warning shall be affixed to the exterior of the bin itself.
B. 
In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Township 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 retained by the Township.

§ 58-9 Violations and penalties; remedies.

A. 
In addition to any other penalties or remedies authorized by the laws of this state, any person, firm, corporation, club or charitable organization, institution or association violating any of the provisions of this chapter and/or any provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), which results in the seizure of the charitable donation bin, shall be:
(1) 
Subject to a penalty of up to $20,000 for each violation. The Building Division and/or Police Division may bring this action in the Municipal Court, or in the 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; and
(2) 
Deemed ineligible to place and maintain a clothing bin pursuant to this chapter. However, a person, firm, corporation, club or charitable organization, institution or association that has been disqualified from placing and/or maintaining a charitable donation bin in the Township, due to a violation of the provisions of this chapter, may apply to the Township to have its eligibility restored. The Township may restore eligibility of any person, firm, corporation, club or charitable organization, institution or association who:
(a) 
Acts within the public interest; and
(b) 
Demonstrates a good faith effort to comply with the provisions of this chapter and all other applicable laws and regulations, or had no fraudulent intentions.
B. 
In addition to any other penalties or remedies authorized by the laws of this state and/or under this chapter, any person, firm, corporation, club or charitable organization, institution or association that violates any provision hereof, and which results in a threat to public health or safety, shall be subject to all other penalties and remedies provided by the laws governing and conferring the Township police powers.