The purpose of this chapter is to set forth the rules and regulations
governing the use and placement of charitable clothing bins for solicitation
throughout the Township of Marlboro.
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.
The following information shall be clearly and conspicuously
displayed on the exterior of each charitable clothing bin:
A. The name and street address (no post office box numbers) of the permittee
and of any other entity which may share or profit from any clothing
or other donations collected by the bin;
B. The telephone number at the permittee'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 by the bin;
C. In cases where an entity other than the permittee owns the bin and
may share or profit from any clothing or other donations collected
by the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected by the
bin, their proceeds, or both, may be shared or given entirely to an
entity other than the permittee that owns the bin, and identifying
all such entities which may share or profit from such donations; and
D. A statement, consistent with the information provided to the Marlboro
Township Police Traffic Safety Bureau in the most recent permit or
renewal application indicating the manner in which the permittee anticipates
any clothing or other donations collected by the bin would be used,
sold, or dispersed, and the method by which the proceeds of collected
donations would be allocated or spent.
E. The permit number and its date of expiration shall be clearly and
conspicuously displayed on the exterior of the charitable clothing
bin, in addition to the other information required pursuant to this
section.
A nonrefundable fee of $25 shall be charged per each application
for a permit under this chapter to offset the costs involved in enforcing
the provisions of N.J.S.A. 40:48-2.60 et seq.
The applicant and any other entity which may share or profit
from any clothing or other donations collected by the bin shall maintain
a bona-fide office where a representative of the applicant or other
entity, respectively, may be contacted during normal business hours
for the purpose of offering information concerning the applicant or
other entity. For the purposes of this section, an answering machine
or service unrelated to the applicant does not constitute a bona-fide
office.
In addition to any other penalties or remedies authorized by
this chapter and the laws of this state, any person who violates any
provision of this chapter which results in seizure of the charitable
clothing bin shall be:
A. Subject to a penalty of up to $20,000 for each such violation. The
Marlboro Township Police Traffic Safety Bureau may bring this action
in the municipal court or Superior Court as a summary proceeding under
the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., and
any penalty monies collected shall be paid to the Marlboro Township
Chief Financial Officer; and
B. Deemed ineligible to place, use, or employ a charitable clothing
bin for solicitation purposes set forth herein. An applicant disqualified
from placing, using, or employing a charitable clothing bin may apply
to the Marlboro Township Police Traffic Safety Bureau to have that
applicant's eligibility restored. The Marlboro Township Police
Traffic Safety Bureau may restore the eligibility of an applicant
who:
(1) Acts within the public interest; and
(2) Demonstrates that he made a good faith effort to comply with the
provisions of this chapter and all other applicable laws and regulations,
or has no fraudulent intentions.
[Added 3-2-2017 by Ord.
No. 2017-5]
The permittee, within 30 days of the end of each year, shall
file an annual report with the Recycling Coordinator, which shall
be signed by an officer of the company, indicating the total quantity
of recyclable material collected over the preceding year for each
bin location.