[HISTORY: Adopted by the Township Committee of the Township
of West Amwell 5-6-2009 by Ord. No. 17-2009. Amendments noted
where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 127.
The purpose of this chapter is to provide a uniform set of procedures
for administering the placement and maintenance of clothing bins within
the Township of West Amwell, as well as providing for a uniform set
of procedures for administering the issuance and revocation of all
permits issued by the Zoning Officer of the Township of West Amwell
for the placement of clothing bins.
As used in this chapter, the following terms have the meanings
indicated:
Any enclosed receptacle or container made of metal, steel
or any other materials, or similar pattern and design, which is intended
for the donation and/or the temporary storage of clothing or other
materials.
Any container, regardless of size or construction, which
was used for the collection of clothing.
Any person, firm, corporation, club or charitable organization,
institution or association.
No solicitor shall place, use, or employ a donation clothing
bin, for solicitation purposes, unless all of the following requirements
are met:
A.
The solicitor has obtained a permit, valid for one year, from the
Zoning Officer of the Township of West Amwell in accordance with the
following:
(1)
In applying for a permit, the solicitor shall include:
(a)
The location where the bin will be located as precisely as possible;
(b)
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 collected donations would
be allocated or spent;
(c)
The name and telephone number of the bona fide office required pursuant to Subsection A(1)(b) of this section of any entity which may share or profit from any clothing or other donations collected in the bin; and
(d)
Written consent from the property owner to place the bin on
the owner's property.
(2)
The Zoning Officer shall not grant an application for a permit if
it is determined that the placement of the bin could constitute a
safety hazard. Such hazards shall include, but not be limited to,
the placement of a bin within 100 yards of any place which stores
large amount of, or sells, fuel or other flammable liquids or gases;
(3)
The fee for a clothing bin permit shall be $25.
(4)
All applications for renewal of expiring permits shall be subject
to the same procedures and regulations set forth above.
Permit numbers, new or renewals, and the expiration dates shall be clearly and conspicuously displayed on the exterior of the clothing bin, in addition to the information required pursuant to § 64-6.
The solicitor, and any other entity which may share or profit
from any clothing or other donations collected in the bin, must maintain
a bona fide office where a representative of the solicitor or other
entity can be reached at and a telephone information line during normal
business hours for the purpose of offering information concerning
the solicitor/applicant. For the purposes of this chapter, an answering
machine or service unrelated to the person does not constitute a bona
fide office.
The following information must be clearly and conspicuously
displayed on the exterior of the bin:
A.
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 in the bin;
B.
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 in the bin;
C.
In cases where any entity other than the person who owns the bin
may share or profit from any clothing or other donations collected
in the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected in 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 said donations; and
D.
A statement, consistent with the information provided to West Amwell Township in the most recent permit or renewal application pursuant to § 64-3A(1)(b) of this chapter, indicating the manner in which the person anticipates any clothing or other donations collected in the bin would be used, sold or dispersed, and the method by which the proceeds of collected donations would be allocate or spent.
The Township Zoning Officer shall receive and investigate, within 30 days, any complaints from the public concerning the placement and maintenance of the bins. Whenever it appears to said Zoning Officer that a person has engaged in, or is engaging in, any act or practice in violation of § 64-3 through 64-6 of this chapter, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the Zoning Office is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected in the bin will be sold at public auction or otherwise dispensed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself. Any proceeds from the sale of the donations collected shall be paid to the chief financial officer of West Amwell Township.
In addition to any other penalties or remedies authorized by
the laws of this state, any person who violates any of the provisions
of this chapter which results in seizure of the donation bin shall
be:
A.
Subject to a penalty of up to $20,000 for each violation. The Township
Zoning Officer may bring this action in the Township Municipal Court
or Superior Court 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 Township Chief Financial
Officer; and
B.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this chapter. A person so disqualified
may apply to the Zoning Officer to have his or her or its eligibility
restored. The Zoning Officer may restore the eligibility of a person
who:
