[HISTORY: Adopted by the Mayor and Council of the Township
of North Brunswick 10-19-2009 by Ord. No. 09-19.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Canvassing and soliciting — See Ch. 143.
[1]
Editor's Note: This ordinance provided that it shall
take effect 1-1-2010.
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 North Brunswick.
As used in this chapter, the following terms shall have the
meanings indicated:
Receptacle used to place clothing solicited for charitable
purposes under this chapter.
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.
A.
Permit required. Notwithstanding any other provision of law to the
contrary, no person shall place, use, or employ a charitable clothing
bin, for solicitation purposes, unless a permit, valid for a specified
time, has been obtained from the Department of Community Development.
B.
Refusal of permit. The Department of Community Development shall
not grant an application for a permit to place, use, or employ a charitable
clothing bin if it determines that the placement of such bin may constitute
a hazard to the public safety and welfare or is not authorized in
the zone. Such hazards shall include, but not be limited to, the placement
of a charitable clothing bin within 100 yards of any place which stores
or sells large amounts of fuel or other flammable liquids or gases.
C.
Placement restrictions. Charitable clothing bins may only be placed,
used or employed in the C-2 General Commercial District. Charitable
clothing bins may not be placed, used or employed in any other zone
districts within the Township of North Brunswick.
D.
Permit application. In applying for such a permit, the applicant
shall provide:
(1)
A description of the proposed location, as precise as may be practicable,
of each charitable clothing bin, and each bin location shall be the
subject of a separate application; and
(2)
The manner in which the applicant 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; and
(3)
The name, street address (no post office box numbers) and telephone
number of the bona fide office of the applicant or any entity which
may share or profit from any clothing or other donations collected
by the bin may be contacted during normal business hours concerning
the applicant or entity; and
(4)
Written consent from the property owner to place the bin on his property.
E.
Permits to be renewed annually. Permits for charitable clothing bins are to be effective on an annual basis, commencing as of January 1 and expiring as of December 31 of each year. Any persons desiring to renew their permit shall annually, in the month of December, apply for and procure from the Department of Community Development a renewal permit therefor as set forth in § 145-6 hereinbelow.
A.
The following information shall be clearly and conspicuously displayed
on the exterior of each charitable clothing bin:
(1)
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;
(2)
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;
(3)
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
(4)
A statement, consistent with the information provided to the Department
of Community Development 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.
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.
A.
An expiring permit for a charitable clothing bin may be renewed upon
application for renewal and payment of any fee imposed by the Department
of Community Development for such renewal. However, no more than $25
shall be charged for a permit regarding the same bin. Such renewal
application shall include:
(1)
A description, as precise as may be practicable, of the proposed
location of the charitable clothing bin or, if the renewal applicant
intends to move such bin, the new location where the bin shall be
situated after the renewal is granted, together with written consent
from the property owner to place the bin on his property during the
renewal period.
(2)
The manner in which the renewal applicant has used, sold, or dispersed
any clothing or other donations collected by the bin, the method by
which the proceeds of collected donations have been allocated or spent,
and any changes the renewal applicant anticipates that it shall make
in these processes during the period covered by the renewal.
(3)
The name, street address (no post office box numbers) and telephone
number of the renewal applicant's bona fide office or of any
entity which shared or profited from any clothing or other donations
collected by the bin, and of any entities which may do so during the
period covered by the renewal.
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 subsection, an answering machine
or service unrelated to the applicant does not constitute a bona fide
office.
A.
The applicant and any other entity which may share or profit from
any clothing or other donations collected by a bin shall maintain
the bin and area surrounding the bin so that such area remains clean,
neat and free of debris, garbage, clothing and other items.
B.
Any person found guilty of violating any provision of this § 145-8 shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Court. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
A.
Any complaints received regarding any charitable clothing bin shall
be reviewed and investigated by the Department of Community Development
within 30 days of receipt. Whenever it appears to the Department of
Community Development that a person has engaged in, or is engaging
in, any act or practice in violation of N.J.S.A. 40:48-2.61, the permittee
shall be issued a warning, stating that if the violation is not rectified
or a hearing with the Department of Community Development is not requested
within 45 days, such charitable clothing bin shall be seized or removed
at the expense of the permittee, and any clothing or other donations
collected by the bin will be sold at public auction or otherwise disposed
of in accordance with law. In addition to any other means used to
notify the permittee who placed the bin, such warning shall be affixed
to the exterior of the bin itself.
B.
In the event that the permittee does not rectify the violation or
request a hearing within 45 days of the posting of the warning, the
Department of Community Development may seize the said bin, remove
it, or have it removed, at the expense of the permittee, and may sell
at public auction or otherwise dispose of any clothing or other donations
collected by such bin. Any proceeds from the sale of the donations
collected by the bin shall be paid to the Township of North Brunswick's
Chief Financial Officer.
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 $2,000 for each such violation. The
Department of Community Development 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 Township of North Brunswick's
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 Department of Community Development to have that applicant's
eligibility restored. The Department of Community Development may
restore the eligibility of an applicant who:
