The purpose of this chapter is to establish in accordance with
N.J.S.A. 40:48-2.60 et seq. a set of criteria for granting of permits
to place and to regulate charitable clothing bins within the Township
of Cedar Grove ("Township").
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
CHARITABLE CLOTHING BIN
A container which a person, organization, or other entity
intends to place on either Township of Cedar Grove or private property
to collect clothing and other charitable donations and that will remain
where placed for a period of time granted pursuant to the permitting
procedures described below.
SOLICITATION or SOLICIT
The request, directly or indirectly, of 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.
A charitable clothing bin permit application must include the
following information:
A. The name, address and phone number of the applicant;
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
D of this section, of any entity which may share or profit from any clothing or other donations collected via the bin;
D. The name of any and all person(s), and any other entity which may
share or profit from any clothing or other donations collected via
the bin, which maintains a bona fide office where a representative
of the person or other entity, respectively, can be reached at a telephone
information line during normal business hours for the purpose of offering
information concerning the person or other entity. For the purposes
of this subsection, an answering machine or service unrelated to the
person does not constitute a bona fide office;
E. The location where the bin would be placed, as precisely as possible;
F. The length of time the applicant requests the permit be granted for;
and
G. If the bin will be placed on private property, written consent from
the property owner.
In addition to any other penalties or remedies authorized by
the Township Code or other laws of this state, any person who violates
any provision of this chapter or N.J.S.A. 40:48-2.60 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 appropriate
municipal agency may bring this action in the municipal court or Superior
Court as a summary proceeding under the "Penalty Enforcement Law of
1999," N.J.S.A. 2A:58-10 et seq., and any penalty monies collected
shall be absorbed by the Township Treasury; and
B. Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to N.J.S.A. 40:48-2.61 et seq.
A person disqualified from placing, using, or employing a donation
clothing bin by violating the 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 appropriate municipal agency may restore
the eligibility of a person who:
(1) Acts within the public interest; and
(2) Demonstrates that he made a good faith effort to comply with the
provisions of N.J.S.A. 40:48-2.60 et seq. and all other applicable
laws and regulations, or had no fraudulent intentions.