As used in this chapter, 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.
[Amended 11-11-2020 by Ord. No. 20-22]
No person shall place, use, or employ a donation clothing bin,
for solicitation purposes, within the Township of Jefferson, unless
all of the following requirements are met:
A. The person has obtained a permit from the Jefferson Township Clerk
in accordance with the following:
(1) In applying for such a permit, the person 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 required pursuant to Subsection
E of this section, of any entity which may share or profit from any clothing or other donations collected via the bin;
(d)
Written consent from the property owner to place the bin on
his property; and
(e)
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 day of pickup.
B. The Jefferson Township Clerk shall not grant an application for a
permit to place, use, or employ a donation clothing bin if it determines
that:
(1) 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 that stores large amounts
of, or sells, fuel or other flammable liquids or gases.);
(2) The bin will not be placed on commercial property;
(3) Granting the application will cause more than four bins to be placed
on one commercial property; or
(4) Granting the application will cause a bin to be placed on Township
property and the Township Council has not approved such placement,
provided that Council approval shall not be required for one permit
for each of the following emergency services locations:
(a)
Jefferson Fire Company No. 1;
(b)
Jefferson Fire Company No. 2;
(c)
Jefferson Rescue Squad; and
C. The fee for such application shall be $25. The application fee will
not be prorated for initial permits issued after January 1.
D. An expiring permit for a donation clothing bin may be renewed for
a one-year period upon application for renewal and payment of $25
to the Township Clerk. In addition to the initial application requirement
set forth in this chapter, such renewal 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 required pursuant to Subsection
E of this section, 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
(4) 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
F of this section.
E. The person, and any other entity which may share or profit from any
clothing or other donations collected via the bin, maintains a bona
fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. For the purposes of this subsection, an
answering machine or service unrelated to the person does not constitute
a bona fide office; and
F. The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(1) 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;
(2) 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;
(3) 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
(4) A statement, consistent with the information provided to the appropriate municipal agency in the most recent permit or renewal application pursuant to Subsection
A(1)(b) of this section and Subsection
D(2) of this section, 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.
G. Permits shall be valid for one year, except for initial permits issued
after January 1, and may be annually renewed thereafter in accordance
with the provisions of this chapter. All permits shall expire on December
31. The provisions of this section shall apply to all donation clothing
bins in place as of the effective date of this section and to all
clothing bins placed subsequent to the effective date of this section.
In addition to any other penalties or remedies
authorized by the laws of this state, any person who violates any
provision of this chapter, 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 of Jefferson may bring this action in the Municipal Court
or Superior Court 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 Jefferson Township Chief
Financial Officer ; and
B. Deemed ineligible to place, use, or employ a donation
clothing bin for solicitation purposes pursuant to section 2 of 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 Jefferson
Township Clerk to have that person's eligibility restored. The appropriate
municipal agency 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 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.