As used in this chapter, the following terms shall have the
meanings indicated:
CLOTHING DONATION BIN
Any receptacle or container made of metal, steel, or any
other material designed or intended for the collection and temporary
storage of donated clothing or other materials.
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a clothing donation bin within
the Borough of Sea Bright for solicitation purposes, unless:
A. The clothing donation 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 (N.J.S.A. 45:17A-18 et seq.); and
B. The registered charitable organization has obtained a permit for
a period of one year issued by the Borough Clerk.
The annual permit fee is $25 per bin and will be used to offset
the costs involved in enforcing this chapter. Domestic registered
charitable organizations, however, located within the Borough of Sea
Bright are exempt from paying this annual permit fee, but must still
apply for and secure a permit.
In addition to the above application requirements, renewal applications
must include:
A. A statement of the manner in which the person has used, sold, or
dispersed any clothing or other donations which have been allocated
or spent, and any changes the person anticipates he or she may make
in these process during the period covered by the renewal;
B. The name and telephone of the bona fide office 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
of the renewal; and
C. If the location of the bin is to be moved, the new location where the bin is to be situated, as precisely as possible, and written consent from the property owner of the new location. Review of new application shall be required in accordance with §
80-4B.
The Borough of Sea Bright shall not grant an application for
a permit to place, use, or employ a donation clothing 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 clothing
donation bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases; or the placement
of a bin where it interferes with vehicular or pedestrian circulation.
The person placing, using or employing a clothing donation bin shall
maintain the bin and the area surrounding the bin so that there shall
be no accumulation of clothing or other donations outside the bin.
The following information shall be clearly and conspicuously
displayed on the exterior of the clothing donation bin:
A. The permit number and its date of expiration stating that a copy
of the permit application is on file with the Borough Clerk;
B. The name and address of the registered person who owns the bin, and
of any other entity which may share or profit from any clothing or
other donations collected via the bin; and
C. The telephone number of the owner'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. For the purposes of this subsection, an answering machine
or service unrelated to the person does not constitute a bona fide
office.
In addition to any other penalties or remedies authorized by
the laws of this state, any person who violates any provision of this
chapter or the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.), which results in seizure of the clothing donation bin, shall
be:
A. Subject to a penalty of up to $20,000 for each violation. The Borough
may bring this action in the Borough of Sea Bright Municipal Court
or the Superior Court of New Jersey 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 this section and P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing,
using, or employing a clothing donation bin by violating the provisions
of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), may apply to the
Borough Council to have that person's eligibility restored. The Borough
Council may restore the eligibility of a person who:
(1) Acts within the public interest; and
(2) Demonstrates that they have made a good faith effort to comply with
the provisions of this chapter and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.), and all other applicable laws and regulations, or had no
fraudulent intentions.