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.
Notwithstanding any other provision of law 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:
A. The person has obtained a permit, valid for a twelve-month period
of time, from the Borough's Zoning Officer, 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 of any
entity which may share or profit from any clothing or other donations
collected via the bin; and
(d)
Written consent from the property owner to place the bin on
his 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 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.
(3) The Zoning Officer shall impose a fee for such application, not to
exceed $25, to offset the costs involved in enforcing this chapter.
(4) An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of any fee imposed by the Zoning
Officer for such renewal, not to exceed $25 annually, to offset the
costs involved in enforcing this chapter. Such application shall include:
(a)
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;
(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; and
(c)
The name and telephone number of the bona fide office required pursuant to Subsection
A(1)(c) 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.
B. 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 of this section.
C. 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 officer.
D. 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 the 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
(4) A statement, consistent with the information provided to the Zoning
Officer 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.
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 Zoning
Officer 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 Chief Financial Officer of the Borough;
and
B. Deemed ineligible to place, use or employ a donation clothing bin for solicitation purposes pursuant to §
115-2 hereof. A person disqualified from placing, using or employing a donation clothing bin by violating the provisions of this chapter may apply to the Zoning Officer to have that person's eligibility restored. The Zoning Officer may restore the eligibility of a person who:
(1) Acts within the public interest; and
(2) Demonstrates that he or she made a good-faith effort to comply with
the provisions of this chapter and all other applicable laws and regulations,
or had no fraudulent intentions.
Each section of this chapter and every subsection hereof shall
be deemed independent, separate and distinct from all other sections,
and the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any section or part hereof.
All ordinances, codes or parts thereof that are inconsistent
with this chapter are repealed or otherwise modified.
This chapter shall take effect upon passage and publication
as required by law.