[Added 5-17-2010 by Ord. No. 09-2010]
The purpose of this article is to implement the provisions of
P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), and establish guidelines
for the use of charitable clothing bins/donation clothing bins throughout
the Township of Harrison.
For the purposes of this article only, the terms "solicitation"
or "solicit" shall mean 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, corporation or entity (hereinafter collectively "person")
shall place, use, or employ a charitable clothing bin/donation clothing
bin, for solicitation purposes, unless all of the following requirements
are met:
A.
Permit. The person shall obtain a permit, valid for one year, issued
by the Township's Zoning Officer, Housing Officer and/or his/her designee.
In applying for such a permit, the person shall include:
(1)
The name and address of the property owner(s) where the bin is proposed
to be situated;
(2)
The location (street address and block/lot) where the bin would be
situated;
(3)
The location on the property in relation to the property lines and
improvements [number of feet (distance) from all property lines and
improvements], as precisely as possible;
(4)
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 the collected donations would
be allocated or spent;
(5)
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;
(6)
Written consent from the property owner to place the bin on its property;
(7)
The fee for an application for a permit shall be $25; and
C.
Denial of permit.
(1)
The Township of Harrison's Zoning Officer, Housing Officer and/or
or his/her designee shall not grant an application for a permit to
place, use or employ a charitable clothing bin/donation clothing bin
if the Zoning Office or Housing Office 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 or sells fuel or other flammable
liquids or gases or other combustible products.
(2)
No bin shall be placed upon any public property, public right-of-way
and/or easement and/or public road without the consent and approval
of the governing body.
(3)
The Township of Harrison's Zoning Officer, Housing Officer and/or
his/her designee shall not grant an application for a permit to place,
use or employ a charitable clothing bin/donation clothing bin if said
bin is not screened from public view and may be seen from a public
road or adjoining commercial or retail property.
[Added 12-5-2016 by Ord.
No. 31-2016]
(4)
The Township of Harrison's Zoning Officer, Housing Officer and/or
his/her designee shall not grant an application for a permit to place,
use or employ a charitable clothing bin/donation clothing bin if said
bin is proposed to be located in an area that does not have at least
15 feet of unobstructed and paved (impervious coverage) vehicular
access to both sides and the front of the bin.
[Added 12-5-2016 by Ord.
No. 31-2016]
(5)
The Township of Harrison's Zoning Officer, Housing Officer and/or
his/her designee shall not grant an application for a permit to place,
use or employ a charitable clothing bin/donation clothing bin if said
bin is proposed to be located on property where a bin is currently
situated.
[Added 12-5-2016 by Ord.
No. 31-2016]
(6)
The Township of Harrison's Zoning Officer, Housing Officer and/or
his/her designee shall not grant an application for a permit to place,
use or employ a charitable clothing bin/donation clothing bin unless
the applicant has obtained site plan or amended site plan approval,
if required, for the proposed bin location.
[Added 12-5-2016 by Ord.
No. 31-2016]
(7)
The Township of Harrison's Zoning Officer, Housing Officer and/or
his/her designee shall not grant an application for a permit to place,
use or employ a charitable clothing bin/donation clothing bin if said
bin is proposed to be located in a retail or commercial property parking
lot or parking stall.
[Added 12-5-2016 by Ord.
No. 31-2016]
D.
Display of permit information. The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin. In addition, the following information set forth in this Subsection D of this section shall be displayed. The following information must be clearly and conspicuously displayed on the exterior of the charitable clothing bin/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. For purposes of this subsection, an answering machine
or service unrelated to the person does not constitute a bona fide
office; and
(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 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.
A.
The person, organization and/or entity responsible for the donation
clothing bin shall provide the Clerk of the Township of Harrison with
a written annual report on or before December 1 of each year that
includes the following information:
(1)
The number of times the clothing bin was emptied during the year
in which the permit was issued;
(2)
The weight (in terms of pounds) of the contents each time the clothing
bin was emptied;
(3)
The name, address and telephone number of the location (destination)
of the contents of the clothing bin.
B.
Failure to provide the information requested in this section shall
be cause to deny renewal of the permit.
A.
All complaints received from the public regarding a charitable clothing
bin/donation clothing bin shall be investigated within 30 days by
the Harrison Township Zoning Officer, Housing Officer and/or his/her
designee. Whenever it appears to the Harrison Township Zoning Officer,
Housing Officer and/or his/her designee that a person has engaged
in, or is engaging in, any act or practice in violation of this article,
the owner of the property where the bin is situated and/or person
who placed the bin shall be issued a warning stating that if the violation
is not rectified or a hearing with the appropriate municipal agency
is not requested within 45 days, the bin will be seized or removed
at the expense of the person who placed the bin and/or the owner of
the property where the bin is situated, and any clothing or any donations
collected via the bin will be sold at public auction or otherwise
disposed of. In addition to any other means used to notify the person
who placed the bin and/or the owner of the property where the bin
is situated, such warning shall be affixed to the exterior of the
bin itself.
B.
In the event the person who placed the bin and/or the owner of the
property where the bin is situated does not rectify the violation
or request a hearing within 45 days of the posting of the warning,
the Township of Harrison Zoning Officer, Housing Officer and/or his/her
designee may seize the bin, remove it or have it removed, at the expense
of the person who placed the bin and/or the owner of the property
where the bin is situated and sell it at public auction or otherwise
dispose of any clothing or other donations collected via the bin.
Any proceeds from the sale of the donations collected via the bin
shall be paid to the Chief Financial Officer of the Township of Harrison.
C.
In addition to any other penalties or remedies authorized by the
laws of the State of New Jersey, any person who violates any provision
of this article which results in the seizure of the charitable clothing
bin/donation clothing bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The Township
of Harrison may bring this action in the 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 Township of Harrison.
(2)
Deemed ineligible to place, use, or employ a charitable clothing
bin/donation clothing bin for solicitation purposes pursuant to N.J.S.A.
40:48-2.60 et seq. A person disqualified from placing, using or employing
a charitable clothing bin/donation clothing bin by violating provisions
of N.J.S.A. 40:48-2.60 et seq. may apply to the appropriate municipal
agency to have that person's eligibility restored. The Harrison Township
Zoning Officer, Housing Officer and/or his/her designee may restore
the eligibility of a person who:
