[HISTORY: Adopted by the Township Committee of the Township
of Plainsboro 7-8-2009 by Ord. No. 0-09-08.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A location where a representative of the person or entity
responsible for the donation bin can be reached during normal business
hours. An answering machine or answering service does not constitute
a bona fide office.
Any individual, business entity or organization, whether
for-profit or not-for profit, that is the registrant and owner and
is responsible for the donation bin.
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind or value in conjunction
with the maintenance of a donation bin. 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.
A.
No person shall be permitted to place, use or employ a donation bin
for solicitation of clothing or any other thing of value, on any property
located in the Township, unless a permit is first obtained.
B.
Application requirements.
(1)
In applying for a permit, the person shall set forth on the application:
(a)
The location of the bin, described as precisely as possible.
(b)
The manner in which the donations collected will be used, sold,
or dispensed, and the method by which the proceeds of collected donations
will be allocated or spent.
(c)
The name, address and telephone number of the bona fide office
of all persons who may share or profit from any donations collected.
(d)
Written consent from the property owner to place the bin on
the property.
(2)
An application fee of $25 shall be included with the application.
D.
The Township shall not grant an application for a permit to place,
use, or employ a donation 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 bin within 100
yards of any place which stores large amounts of, or sells, fuel or
other flammable liquids or gases.
E.
An expiring permit may be renewed upon submission of an application
for renewal and payment of a renewal fee of $25. Such renewal application
shall include:
(1)
The location where the bin is currently situated and, if the person
intends to move the bin, the location where the bin will be situated
after the renewal is granted.
(2)
Written consent from the property owner to place the bin on his property.
(3)
The manner in which the person has used, sold or dispensed any donations
collected, the method by which the proceeds of collected donations
have been allocated or spent, and any changes the person anticipates
being made in the use, sale or dispensation of any donations collected
during the period covered by the renewal.
(4)
The address and telephone number of the bona fide office of any person
who shared or profited from any donations collected and of any persons
who may do so during the period covered by the renewal.
F.
Upon the permit being granted, the following information must be
clearly and conspicuously displayed on the exterior of the donation
bin:
(1)
The permit number and the date of expiration;
(2)
The name, address and telephone number of the bona fide office;
(3)
A list of all entities, including name, address and telephone number,
which may share or profit from any donations collected; and
(4)
A statement indicating the manner in which donations will be used,
sold, or dispersed, and the method by which the proceeds of the donations
will be allocated or spent.
A.
The Township Zoning Officer shall investigate any complaints received
about a donation bin within 30 days of the receipt of the complaint.
Whenever it appears that a violation of this chapter of the Township
Code has occurred, the person who placed the bin shall be issued a
warning stating that, if the violation is not rectified or a hearing
before the governing body is not requested within 45 days of the notice
being issued, the Township may seize the bin and 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 Township's general fund.
B.
Notice shall be deemed to have been made on the date that the violation
notice is affixed to the exterior of the bin. The Township may, in
its sole discretion, make notice by any other additional means.
C.
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 bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The Township
Zoning Officer may bring this action in the municipal court or Superior
Court as a summary proceeding under the Penalty Enforcement Law of
1999[1], and any penalty monies collected shall be paid to the
Township's general fund.
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.
(2)
Deemed ineligible to place, use, or employ a donation bin pursuant
to this chapter. A person disqualified from placing, using, or employing
a donation bin may apply to the Township to have eligibility restored.
The Township may restore the eligibility of a person who:
