Notwithstanding any other provision 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 donation clothing bin is owned by a charitable
organization registered with the Attorney General of the State of
New Jersey pursuant to P.L. 1994, c. 16; and
B. The registered charitable organization has obtained
a permit for a period of one year, issued by the Township Clerk upon
the approval of the Township Committee.
An expiring permit for a donation clothing bin may be renewed by a charitable organization on an annual basis upon payment of the fee as provided for in Chapter
169, Fee Schedule. 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;
E. Written consent from the property owner, or the owner's
authorized representative, to place the bin on his/her property; and
F. Proof of charitable registration with the Attorney
General as a charitable organization.
The following information shall be clearly and
conspicuously displayed on the exterior of the donation clothing bin:
A. The permit number and expiration date;
B. The information required to be displayed on the bin
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 Township
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 Township. 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. 40:48-2.60
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 Township Committee to have eligibility restored.
The Township Committee may restore the eligibility of an entity who
acts within the public interest and demonstrates that they have 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.