[HISTORY: Adopted by the Township Committee of the Township
of Wall 11-22-2011 by Ord. No. 25-2011. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any receptacle or container made of metal, steel, or any
other material designed or intended for the collection and temporary
storage of donated clothing or other materials.
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a clothing donation bin, within
the Township of Wall, for solicitation purposes, unless:
A.
He or she has obtained a permit for a period of one year issued by
the Township Clerk.
[Amended 6-24-2015 by Ord. No. 11-2015]
The annual permit fee is $50 per bin and will be used to offset
the costs involved in enforcing P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.). Registered charitable organizations located within Wall
Township are exempt from paying this annual permit fee but must still
apply for and secure a permit.
[Amended 6-24-2015 by Ord. No. 11-2015]
The application for obtaining a permit 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.
Confirmation that the bin(s) shall be of the type that are enclosed
by use of a receiving door and locked so that the contents of the
bin(s) may not be accessed by anyone other than those responsible
for the retrieval of the contents. In addition, each bin must be regularly
emptied of its contents so that it does not overflow.
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 chapter, an answering
machine or service unrelated to the person does not constitute a bona
fide office; and
E.
Written consent from the property owner to place the bin on his or
her property.
[Amended 6-24-2015 by Ord. No. 11-2015]
An expiring permit may be renewed upon application and payment
of a renewal fee of $50 per bin. Permits issued under this chapter
shall be valid from October 1 to September 30 of the following year
and renewable for one-year periods thereafter. In addition to the
above application requirements, renewal applications must include:
A.
A statement of the manner in which the person has used, sold, or
dispersed any clothing or other 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;
B.
The name and telephone of the bona fide office 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
of the renewal; and
C.
If the location of the bin is to be moved, the new location where
the bin is to be situated, as precisely as possible and written consent
from the property owner of the new location.
[Amended 6-24-2015 by Ord. No. 11-2015]
Wall 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 clothing
donation bin within 100 yards of any place which stores in excess
of 250 gallons, 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 clothing donation
bin shall maintain the bin and the area surrounding the bin such that
there shall be no accumulation of clothing or other donations outside
the bin. In addition, each bin shall not cover a ground surface area
in excess of five feet by five feet and be more than six feet in height.
Nonresidential commercial premises devoted to nonprofit purposes and
churches are permitted to have four used clothing donation bins. Placement
of bins shall not be in any front yard area.
[Amended 6-24-2015 by Ord. No. 11-2015]
A permit issued to a registrant shall be affixed to the bin
prior to placement. In addition, the following information shall be
clearly and conspicuously displayed on the exterior of the clothing
donation bin:
A.
The permit number, its date of expiration, and a statement that a
copy of the permit application is on file with the Township Clerk;
B.
The permit shall be placed on the same side of the bin as the chute
used for the deposit of the clothing. Next to the permit there shall
be placed in clear lettering the name and telephone of the registrant;
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; and
D.
Upon the sale or transfer of a bin, a permit issued to the new owner
shall be affixed to the bin prior to placing it for service.
A.
The Code Enforcement Office shall receive and investigate, within
30 days, any complaints from the public about the bin. Whenever it
appears 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
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 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, Wall Township 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 donation
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. 40:48-2.60
et seq.), which results in seizure of the clothing donation bin shall
be:
A.
Subject to a penalty of up to $20,000 for each violation. The Township
may bring this action in the Wall Township 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 section and P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing,
using, or employing a clothing donation 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 Committee to have that person's eligibility restored.
The Township Committee may restore the eligibility of a person who:
