Notwithstanding any other provision 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 donation clothing bin is owned by a charitable organization registered
with the Attorney General of the State of New Jersey pursuant to P.L.
1994, c. 16; and
B. The registered charitable organization has obtained a permit for
a period of one year, issued by the Borough Clerk upon the approval
of the Borough Council.
An expiring permit for a donation-clothing bin may be renewed
by a charitable organization on an annual basis upon payment of the
$25. The application shall include the following information:
A. The location where the bin is situated, as precisely as possible,
and, if applicant intends to move it, the new location where the bin
would be situated after the renewal is granted;
B. The manner in which the entity 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 entity anticipates it may make in these processes
during the period covered by the renewal;
C. The name, and telephone number of the bona fide office of the applicant
and 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;
D. The schedule of pickups removing the articles from the bins, 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 date of pickup;
E. Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property; and
F. Proof of charitable registration with the Attorney General as a charitable
organization.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation-clothing bin:
A. The permit number and expiration date;
B. The information required to be displayed on the bin in N.J.S.A. 40:48-2.61.
In addition to any other penalties or remedies authorized by
law, any person or entity who violates any provision of this chapter
shall be subject to a penalty of up to $20,000 for each violation
pursuant to N.J.S.A. 40:48-2.60 et seq. The Borough may bring this
action in the Municipal Court or the Superior Court as a summary proceeding
under the Penalty Enforcement Law of 1999. Any penalty moneys collected therefrom shall be paid to
the Chief Financial Officer of the Borough. An entity violating this
chapter shall be deemed ineligible to place, use, or employ a donation-clothing
bin for solicitation purposes pursuant to N.J.S.A. 40:48-2.61 et seq.
An entity disqualified from placing, using, or employing a donation-clothing
bin by violating the provisions of N.J.S.A. 40:48-2.60 et seq. may
apply to the Borough Council to have eligibility restored. The Borough
Council may restore the eligibility of an entity who: acts within
the public interest; and demonstrates that they have made a good faith
effort to comply with the provisions of N.J.S.A. 40:48-2.60 et seq.
and all other applicable laws and regulations and has no fraudulent
intentions.