[HISTORY: Adopted by the Township Council of the Township
of Logan 5-18-2010 by Ord. No. 6-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 123.
The purpose of this chapter is to implement the provisions of
P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) and establishing guidelines
for the use of charitable clothing bins/donation clothing bins throughout
the Township of Logan.
For the purposes 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,
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 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;
and
(7)
The fee for an application for a permit shall be $35.
[Amended 6-15-2010 by Ord. No. 08-2010]
C.
Denial of permit.
(1)
The Township of Logan's Zoning 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 the Zoning Officer
and/or his/her designee 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.
D.
Display of permit information.
(1)
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 Subsection D(2) of this section shall be displayed.
(2)
The following information must be clearly and conspicuously displayed
on the exterior of the charitable clothing bin/donation clothing bin:
(a)
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;
(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 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
(c)
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 Logan 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 Logan Township Zoning Officer and/or his/her designee. Whenever
it appears to the Logan Township Zoning Officer and/or his/her designee
that a person has engaged in or is engaging in any act or practice
in violation of this chapter, 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 Logan Zoning 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 Logan.
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 chapter 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 Logan 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 Logan.
(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 Logan
Township Zoning Officer and/or his/her designee may restore the eligibility
of a person who:
All prior ordinances or parts of ordinances inconsistent with
this chapter are hereby repealed to the extent of such inconsistencies.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.
