Township of Parsippany-Troy Hills, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills 3-17-2009 by Ord. No. 2009:08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Distribution of handbills — See Ch. 195.
Site plans — See Ch. 225.
Peddling and soliciting — See Ch. 296.
Zoning — See Ch. 430.
[1]
Editor's Note: The provisions of this ordinance were originally adopted as Ch. 129 but were renumbered in order to maintain the alphabetical sequence of the Code.

§ 121-1 Definitions.

For the purposes of this chapter only, the term "solicitation" or "solicit" shall mean 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.

§ 121-2 Requirement for permit; duration of permit; applicability.

Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a charitable clothing bin within the Township of Parsippany-Troy Hills for solicitation purposes, without obtaining a permit from the Zoning Officer. Permits shall be valid for one year, except for initial permits issued after January 1, and may be annually renewed thereafter. All permits shall expire on December 31 of each year. The provisions of this chapter shall apply to all charitable clothing bins in place as of the effective date of this chapter, and to all charitable clothing bins placed subsequent to the effective date of this chapter.

§ 121-3 Permit fee.

The annual permit fee shall be $25 per bin and will be used to offset the costs involved in enforcing this chapter. The fee will not be prorated for initial permits issued after January 1.

§ 121-4 Application requirements.

The application for obtaining a permit shall include:
A. 
The location where the bin will be situated, as precisely as possible, drawn on a copy of the property survey, showing the bin's relationship to property features, including but not limited to roads, building, parking spaces, and grassy areas;
B. 
The manner in which the person anticipates any clothing or other donations collected via the bin will be used, sold, or disbursed, and the method by which the proceeds of collected donations will be allocated or spent;
C. 
The name, telephone number and address of the bona fide office where a representative of the person or entity, respectively, which may share or profit from any clothing or other donations collected via the bin, can be reached at a telephone information line during normal business hours (NOTE: An answering machine or service unrelated to the person or entity does not constitute a bona fide office.); and
D. 
Written consent from the property owner to place the bin on his/her property.

§ 121-5 Renewal application requirements.

In addition to the above application requirements, renewal applications must include:
A. 
A statement on the manner in which the person or entity has used, sold, or disbursed 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 or entity anticipates to make in these processes during the period covered by the renewal;
B. 
The name, address and telephone number of the bona fide office required in § 121-4C 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, consenting to placement of the bin on his/her property.

§ 121-6 Placement of bins.

The Township shall not grant an application for a permit to place, use, or employ a charitable 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 charitable 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. The person placing, using or employing a charitable 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.

§ 121-7 Display of permit.

The following information shall be clearly and conspicuously displayed on the exterior of the charitable clothing bin:
A. 
The permit number and its date of expiration;
B. 
The name and address of the registered person or entity who owns the bin, and of any other person or entity who 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 or entity 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/entity 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 disbursed, and the method by which the proceeds of collected donations will be allocated or spent.

§ 121-8 Receipt and investigation of complaints; seizure or removal of bin.

A. 
The Zoning Officer or the Zoning Officer's designee shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the Zoning Officer or the Zoning Officer's designee that a person has engaged in, or is engaging in any act or practice in violation of this chapter, the person/entity who placed the bin shall be issued a violation notice, stating that if the violation is not rectified or a hearing with the Township Council is not requested within 45 days, the bin will be seized or removed at the expense of the person/entity 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/entity who placed the bin, such violation notice 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 violation notice, the Township may seize the bin, remove it, or have it removed, at the expense of the person/entity 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 transmitted to the chief financial officer of the Township.

§ 121-9 Violations and penalties.

In addition to any other penalties or remedies authorized by the Township Code or the laws of this state, any person/entity 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 charitable 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 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 charitable clothing bin for solicitation purposes pursuant to this chapter and P.L.2007, c.209 (N.J.S.A. § 40:48-2.60). A person/entity disqualified from placing, using, or employing a charitable 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 Council to have that person's eligibility restored. The Township Council may restore the eligibility of a person/entity who:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that he/she/it 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.
C. 
Subject to the general penalty provisions contained in § 1-17 of the Township Code.

§ 121-10 Site plan approval required.

In addition to the requirements of this chapter, no charitable clothing bin shall be placed on commercial property without prior application to the Township Planning Board and the grant by the Planning Board of site plan approval.