As used in this chapter, the following terms shall have the
meanings indicated:
CLOTHING/DONATION BIN
Any enclosed receptacle or container made of metal, steel
or any other material, or similar pattern and design, which is intended
for the donation and/or the temporary storage of clothing or other
materials.
SOLICITATION/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.
There shall be an annual permit fee in the amount set forth in Chapter
111, entitled "Fees."
The application for obtaining a permit shall include:
A. The location where the bin will be situated, as precisely as possible;
B. The manner in which the applicant 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 and telephone number of the bona fide office of any person
or entity which may share or profit from any clothing or other donations
collected via the bin, at which such person can be reached during
normal business hours; for the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office; and
D. Written consent from the property owner to place the bin on his/her
property.
In addition to the above application requirements, renewal applications
must include:
A. A statement of the manner in which the applicant has used, sold,
or dispersed any clothing or other donation collected via the bin,
the method by which the proceeds of collected donations have been
allocated or spent, and any changes the applicant anticipates it may
make in these processes during the period covered by the renewal;
B. The name and telephone number of the bona fide office 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; and
C. If the location of the bin is to be moved, a precise description
of the new location where the bin is to be situated, as precisely
as possible, and written consent from the property owner of the new
location.
No application for a permit to place, use, or employ a donation
clothing bin shall be granted if it is determined 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; or the placement of a bin where
it interferes with vehicular or pedestrian circulation. Any person
placing, using or employing a donation clothing bin shall maintain
the bin and the area surrounding the bin such that there shall be
no accumulation of clothing or other donations outside the bin.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A. The permit number and its date of expiration;
B. The name and address of the registered person who owns the bin, and
of any other entity which may share or profit from any clothing or
other donations collected via the bin;
C. The telephone number of the owner'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 the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office;
D. 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
E. A statement, consistent with the information provided to the Township
in the most-recent permit or renewal application, indicating the manner
in which the owner 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.
In addition to any other penalties or remedies authorized by
the laws of this state, any person who violates any provision of this
chapter, or the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.) 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 Township
may bring this action in the Haddon Township Municipal Court or the
Superior Court of New Jersey 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 Chief Financial
Officer of the Township; and
B. Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this chapter and 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 this chapter or P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.)
may apply to the governing body to have that person's eligibility
restored. The governing body may restore the eligibility of a person
who:
(1) Acts within the public interest; and
(2) Demonstrates that he/she made a good-faith effort to comply with
the provisions of this chapter and 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.