[HISTORY: Adopted by the Township Committee of the Township
of Cranford 5-26-2009 by Ord. No.
2009-29 (Ch. 112, Art. V, of the 1992 Code). Amendments
noted where applicable.]
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:
B.
The registered charitable organization or the person has obtained
a permit, valid for a period of one year, from the Zoning Officer,
in accordance with the following:
(1)
In applying for such a permit, the registered charitable organization
or person shall include:
(a)
The location where the bin would be situated, as precisely as
possible;
(b)
The manner in which the charitable organization or 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, address, and telephone number of the bona fide office
of the applicant and of any entity which may share or profit from
any clothing or other donations collected via the bin;
(d)
The schedule of pickups removing the articles from the bin,
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 scheduled date of pickup; and
(e)
Written consent from the property owner, or the owner's
authorized representative, to place the bin on his/her property.
(2)
The Zoning Officer shall not grant an application for a permit to
place, use, or employ a donation clothing bin if he determines that
the placement of the bin is either in the front yard setback or could
constitute a safety hazard. Such hazards shall include, but are not
limited to, the placement of a donation clothing bin in parking spaces,
in any area that interferes with pedestrian or vehicular traffic,
or any place which stores large amounts of, or sells, fuel or other
flammable liquids or gases.
(4)
An expiring permit for a donation clothing bin may be renewed by
a charitable organization or person upon payment of the renewal fee
of $25 and by application that shall include the following information:
(a)
The location where the bin is situated, as precisely as possible,
and, if the 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 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;
(c)
The name, address 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 bin,
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; and
(e)
Written consent from the property owner, or the owner's
authorized representative, to place the bin on his/her property.
(5)
The following information shall be clearly and conspicuously written
in either paint or permanent marker on the exterior of the donation
clothing bin:
(a)
The name and address of the registered charitable organization
or 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 organization'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. The telephone number of an answering
machine or service unrelated to the charitable organization does not
satisfy this requirement;
(c)
The charitable organization's registration number, permit
number and its date of expiration;
(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 indicating the manner in which the charitable organization
or 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.
The Zoning Officer or his designee shall receive and investigate,
within 30 days, any complaints from the public about the bin.
A.
Whenever it appears to the Zoning Officer or his designee that an
organization or a person has engaged in or is engaging in any act
or practice in violation of this chapter, the organization or person
who placed the bin shall be issued a warning, stating that if the
violation is not rectified or an appeal taken within 45 days, then
the bin and any clothing or other donations collected via the bin
will be sold at public auction. In addition to any other means used
to notify the person who placed the bin, a 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
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 Township.
C.
In addition to any other penalties or remedies under this chapter,
any person who violates any provision which results in the seizure
of the donation clothing bin shall be subject to a penalty of up to
$100 for each violation.
