As used in this chapter, the following terms shall have the
meanings indicated:
SOLICITATION or SOLICIT
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.
No person shall place, use, or employ a donation clothing bin,
for solicitation purposes, within the Town of Phillipsburg, unless
all of the following requirements are met:
A. The person has obtained a permit, valid for three years, from the
Phillipsburg Town Clerk in accordance with the following:
(1) In applying for such a permit, the person shall include:
(a)
The location where the bin would be situated, 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(5)(b) of this section, of any entity which may share or profit from any clothing or other donations collected via the bin; and
(d)
Written consent from the property owner to place the bin on
his property;
(e)
A zoning permit issued by the Phillipsburg Zoning Officer pursuant
to the Phillipsburg Zoning Ordinance.
[Added 9-20-2016 by Ord.
No. O:2016-21; amended 10-4-2016 by Ord. No. O:2016-21A]
(2) The Phillipsburg Town Clerk 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.
(3) The fee for such application shall be $25.
(4) An expiring permit for a donation clothing bin may be renewed for
an additional three-year period upon application for renewal and payment
of $25 to the Town Clerk. Such application shall include:
(a)
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted and written consent
from the property owner to place the bin on his property;
(b)
The manner in which the person has used, sold, or dispersed
any clothing or other donations 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 these
processes during the period covered by the renewal; and
(c)
The name and telephone number of the bona fide office required pursuant to Subsection
A(5)(b) of this section, of any entity which shared or profited 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.
(5) The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection
A(5)(b) of this section;
(a)
The person, and any other entity which may share or profit from
any clothing or other donations collected via the bin, 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; and
(b)
The following information is clearly and conspicuously displayed
on the exterior of the 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 donations
collected via the bin;
[3]
In cases when an 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; and
[4]
A statement, consistent with the information provided to the appropriate municipal agency in the most recent permit or renewal application pursuant to Subsection
A(1)(b) of this section and Subsection
A(4)(b) of this section, indicating 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.
[5]
All clothing bins shall have displayed in a conspicuous place
on each individual clothing bin a sign advising that the bins are
for clothing only and that illegal dumping is prohibited.
[Added 9-20-2016 by Ord.
No. O:2016-21; amended 10-4-2016 by Ord. No. O:2016-21A]
(6) The applicant has submitted a plan for the monitoring of the area
where the bin is proposed to be located to the Town detailing what
steps will be taken to ensure that the area will be kept free from
refuse, debris and any item not intended to be collected at the site.
[Added 9-20-2016 by Ord.
No. O:2016-21; amended 10-4-2016 by Ord. No. O:2016-21A]
In addition to any other penalties or remedies authorized by
the laws of this state, any person who violates any provision of this
chapter 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 Town
of Phillipsburg may bring this action in the 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 Town of Phillipsburg Chief Financial
Officer; and
B. Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to § 2 of P.L. 2007,
c.209 (N.J.S.A. 40:48-2.61). A person 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 Phillipsburg
Town Clerk 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 P.L. 2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) and all
other applicable laws and regulations, or had no fraudulent intentions.
[Added 10-4-2016 by Ord.
No. O:2016-21A]
Nothing set forth in this chapter shall be construed to permit
the placement of clothing bins on property owned by the Town. Placement
of clothing bins on Town-owned property is prohibited.