[Ord. #2042, § 1, 12-9-2008, added]
For the purposes of this section only, the following
terms shall have the meanings indicated:
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.
[Ord. #2042, § 1, 12-9-2008, added]
Notwithstanding any other provision of law to
the contrary, no person shall place, use, or employ a donation clothing
bin within the Township of Bernards for solicitation purposes without
obtaining a permit, which is approved by the Township Committee from
the Municipal Clerk. Permits are renewable on an annual basis during
the month of January.
[Ord. #2042, § 1, 12-9-2008, added]
The annual permit fee is $25 per bin and will
be used to offset the costs involved in enforcing this section.
[Ord. #2042, § 1, 12-9-2008, added]
The application for obtaining a permit shall
include:
a. The location where the bin would be situated, as precisely
as possible;
b. 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 collected donations would
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 property.
[Ord. #2042, § 1, 12-9-2008, added]
In addition to the above application requirements,
renewal applications must include:
a. A statement on the manner in which the person 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 person 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, 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.
[Ord. #2042, § 1, 12-9-2008, added]
a. Bernards Township shall not grant an application for
a permit to place, use, or employ a donation clothing bin if it 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 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.
b. The 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.
[Ord. #2042, § 1, 12-9-2008, added]
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 with 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 would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent.
[Ord. #2042, § 1, 12-9-2008, added]
a. The Zoning Officer shall receive and investigate,
within 30 days, any complaints from the public about the bin. Whenever
it appears to the Zoning Officer that a person has engaged in, or
is engaging in any act or practice in violation of this section, the
person who placed the bin shall be issued a warning, stating that
if the violation is not rectified or a hearing with the appropriate
municipal agency is not requested within 45 days, the bin will be
seized or removed at the expense of the person 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 addition to any
other means used to notify the person 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, Bernards 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 paid to the chief
financial officer of the Township.
[Ord. #2042, § 1, 12-9-2008, added]
In addition to any other penalties or remedies
authorized by the laws of this state, any person who violates any
provision of this section 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 Bernards 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 section 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 P.L. 2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) may
apply to the Township Committee to have that person’s eligibility
restored. The Township Committee may restore the eligibility of a
person who:
1. Acts within the public interest; and
2. Demonstrates that he made a good faith effort to comply
with the provisions of this section 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.