No person shall place, use or employ a donation clothing bin
for solicitation purposes within the Town of Clinton unless the following
requirements are met:
A. The person has obtained a permit, valid for one year, from the Town
of Clinton Clerk.
B. The Clerk shall issue a permit only if the person applying has supplied
the following information:
(1) The location where the bin would be situated, as precisely as possible;
and
(2) The manner in which the person anticipates any clothing or other
donation collected via the bin would be used, sold or dispensed and
a method by which the proceeds of the collected donations would be
allocated or spent; and
(3) The name and telephone number of the bona fide office required by §
54-7 of this chapter of any entity which may share or profit from any clothing or other donations collected via the bin; and
(4) Written consent of the property owner to place the bin on the property.
The Clerk shall not grant an application for a permit to place,
use or employ a donation clothing bin, if he/she determines that the
placement of the bin could constitute a safety hazard. Such hazard
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 the donation clothing bin would constitute a traffic hazard.
The fee for the application for a donation clothing bin shall
be $25.
An expiring permit for a donation clothing bin may be renewed
upon application for renewal and payment of a fee of $25.
The application for donation clothing bin shall include the
following:
A. The location where the bin is situated, as precisely as possible;
and
B. If the person intends to move the bin, 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/her property; and
C. The manner in which the person has used, sold or dispensed 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 he/she may make in these processes
during the period covered by the renewal; and
D. The name and telephone number of the bona fide office required pursuant to §
54-7 of this chapter 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.
The Clerk shall issue a permit number, and 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 described in §
54-8 of this chapter.
The person, and any other entity which may share profit from
any clothing or other donations collected by the bin shall maintain
a bona fide office where a representative of the person or 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 chapter section,
an answering machine or service unrelated to the person does not constitute
a bona fide office.
The following information shall be clearly and conspicuously
displayed on the donation clothing bin:
A. The name and address of the registered person who owns the bin and
of any other entity which may share or profit from clothing or other
donations collected via the bin; and
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; and
C. In cases where 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; and
D. A statement consistent with the information as required by §
54-1B(2) of this chapter, indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or dispensed and §
54-5C indicating the method by which the proceeds of the collected donations would be allocated.
Any person who misstates information required by this chapter
or who violates the terms of this chapter shall be subjected to a
fine not exceeding $2,500, imprisonment for up to 30 days, or community
service for up to 30 days.