[HISTORY: Adopted by the Township Council
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-13-2008 by Ord. No. 41-2008]
The purpose of this article is to implement
the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.)
establishing guidelines for the use of charitable clothing bins/donation
clothing bins throughout the Township of Washington.
Notwithstanding any other provision of law to
the contrary, no 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 has obtained a permit, valid for
a specified period of time, from the Zoning Officer of the Township
of Washington. In applying for such a permit, the person shall include:
[Amended 3-25-2009 by Ord. No. 10-2009]
(1)
The location where the bin would be situated, as precisely
as possible;
(2)
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;
(3)
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; and
(4)
Written consent from the property owner to place the
bin on his property.
B.
Renewal of permit. An expiring permit for a charitable clothing bin/donation clothing bin may be renewed upon application for renewal and payment of fees outlined in Chapter 80, Fees, of the Code of the Township of Washington. Such application shall include:
(1)
The location where the bin is situated, as precisely
as possible, and, if the person intends to move it, the new location
where the bin would be situated after the renewal is granted and written
consent from the property owner to place the bin on his property;
(2)
The manner in which the person 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 person anticipates it may make in these
processes during the period covered by the renewal;
(3)
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.
C.
Denial of permit. The Zoning Officer of the Township
of Washington shall not grant an application for a permit to place,
use or employ a charitable clothing bin/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.
[Amended 3-25-2009 by Ord. No. 10-2009]
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 to the information required pursuant to Subsection D(2) of this section.
(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;
(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; and
(d)
A statement, consistent with the information
provided to the Zoning Officer of the Township of Washington in the
most recent permit or renewal application indicating 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.
[Amended 3-25-2009 by Ord. No. 10-2009]
[Amended 3-25-2009 by Ord. No. 10-2009]
A.
All complaints received from the public regarding
a charitable clothing bin/donation clothing bin shall be investigated
within 30 days by the Zoning Officer of the Township of Washington.
Whenever it appears to the Zoning Officer of the Township of Washington
that a person has engaged in, or is engaging in, any act or practice
in violation of this article, 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 any 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 the person who placed the bin does not
rectify the violation or request a hearing within 45 days or the posting
of the warning, the Zoning Officer of the Township of Washington may
seize the bin, remove it or have it removed at the expense of the
person who placed the bin and sell it 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 of Washington.
C.
In addition to any other penalties or remedies authorized
by the laws of the State of New Jersey, any person who violates any
provision of this article which results in the seizure of the charitable
clothing bin/donation clothing bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation.
The Township of Washington may bring this action in the 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 of Washington.
(2)
Deemed ineligible to place, use, or employ a charitable
clothing bin/donation clothing bin for solicitation purposes pursuant
to Section 2 of P.L. 2007. A person disqualified from placing, using
or employing a charitable clothing bin/donation clothing bin by violating
provisions of P.L. 2007 may apply to the appropriate municipal agency
to have that person's eligibility restored. The Zoning Officer of
the Township of Washington may restore the eligibility of a person
who:
