[HISTORY: Adopted by the Township Council of the Township
of Old Bridge 3-15-2010 by Ord. No. 2010-11.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted
as Chapter 541 of the Code but was renumbered to maintain the organizational
structure of the Code.
For the purpose of this chapter only:
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,
carts, 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 provisions of law to the contrary,
no person shall place, use, or employ a donation clothing bin within
the Township of Old Bridge for solicitation purposes without obtaining
a permit from the Recycling Coordinator. Permits are renewable on
an annual basis during the month of January.
The annual nonrefundable permit fee is $25 per bin and will
be used to offset the costs involved in enforcing this chapter. All
permits shall run from the date issued to the last day of January,
next. No application fee shall be prorated. Permits are renewable
on an annual basis during the month of January.
The application for obtaining a permit shall include:
A.
A site plan drawn to scale showing the location where the bin would
be situated, as precisely as possible, including the distance to the
nearest structure(s). The site plan shall also demonstrate that the
bin will not eliminate any parking spaces or restrict or create a
hazard for vehicles or pedestrians.
B.
The name, address, phone number and e-mail address of the registered
person who owns the bin and of any other entity which may share profit
from any clothing or other donations collected via the bin.
C.
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.
D.
The name and telephone number of the bona fide office of any person
or entity which may share or profit from any clothing or other donations
collected via the bin, at which such person can be reached during
normal business hours. For the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office.
E.
Name, address, emergency phone number, e-mail address and written consent from the property owner to place the bin on his property and written acknowledgment of his responsibility for any littering violations on his property pursuant to Chapter 265, Littering, and/or Chapter 366, Property Maintenance, of the Code of the Township of Old Bridge, relative to unlawful dumping of items outside any charity clothing bin(s) located on his property. The consent of the property owner must include a grant of access to the Township for the enforcement of the requirements contained in this chapter.
F.
The schedule of pickups removing articles from the bins shall be
not less than once per week, and the name and telephone number of
the person to be notified if the bin is overflowing prior to the scheduled
date of pickup.
G.
Permit applicant must provide a list of all fuel or other flammable
liquids or gases that are stored on the site where the bin is proposed
to be located.
H.
Permit applicants must provide a copy of their documentation which
demonstrates they are a registered charitable organization of the
State of New Jersey registered with the Division of Consumer Affairs.
No for-profit clothing bins shall be permitted to be located on public
or private property within the Township of Old Bridge.
I.
Any other information required under N.J.S.A. 40:48-2.61 as amended
from time to time.
In addition to the above application requirements, renewal applications
must include:
A.
A statement on the manner in which the person has used, sold, or
dispersed any clothing or other donation collected via the bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person anticipates it may make in the
process during the period covered by the renewal;
B.
The name and telephone number of the bona fide office of any entity
which shared or profitted 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; and
C.
If the location of the bin is to be moved, the new location where
the bin is to be situated, described as precisely as possible, and
written consent from the property owner of the new location.
A.
Old Bridge Township 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 donation
clothing 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 donation clothing bin shall
maintain the bin and the area surrounding the bin such that there
shall be no accumulation of clothing, other donations or other items
outside the bin.
B.
No permit shall be granted if the Zoning Officer determines that
the placement of the bin is either in the front yard setback or could
constitute a safety hazard.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A.
The permit number and its date of expiration;
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;
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;
D.
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 the 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; and
E.
A statement, consistent with the information provided to the Township
in the most recent permit or renewal application, indicating the manner
in which the owner 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.
A.
The Zoning Officer shall receive and investigate, within 30 days,
any complaints from the public or Township employees about the bin.
Whenever it appears to the Zoning Officer that a person has engaged
in or is engaging in any act or practice in violation of this chapter,
the person who placed the bin and/or the property owner shall be issued
a warning, stating that if the violation is not rectified or a hearing
with the Recycling Coordinator 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 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, such
warning shall be affixed to the exterior of the bin itself.
B.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Township of Old Bridge may seize the bin, remove
it, or have it removed, at the expense of the person who placed the
bin, and sell 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.
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. 48-2.60,
et seq.) which results in seizure of the donation clothing bin shall
be:
A.
Subject to a penalty of up to $20,000 for each violation. The Township
may bring this action to the Township of Old Bridge 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; and
B.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this chapter and P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.61). A person or organization disqualified
from placing, using, or employing a donation clothing 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 Township Council to have that person's eligibility
restored. The Township Council may restore the eligibility of a person
who:
