Township of Buena Vista, NJ Chapter 101 Clothing Bins

[HISTORY: Adopted by the Township Committee of the Township of Buena Vista 10-24-2011 by Ord. No. 13-2011. Amendments noted where applicable.]

§ 101-1 Definitions.

As used in this chapter, the following items shall have the meaning indicated:

CLOTHING BINS

Any container or receptacle to the public as a place where people can drop articles of clothing and to store such clothing until carted away.

§ 101-2 Regulations.

No person shall use, place or employ a donation clothing bin for solicitation purposes at a location that is not directly and continuously attended unless all of the following requirements are met:

A. The donation clothing bin is owned by a charitable organization registered pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.);

B. The registered charitable organization has obtained a permit from the local law enforcement agency within the municipality in which the donation clothing bin will be placed as follows:

(1) In its application for such a permit, the registered charitable organization shall indicate the location where the bin would be situated as precisely as possible;

(2) The local enforcement agency shall not grant an application for a permit to place, use or employ a donation clothing 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 200 yards of any school, public building, or place which stores large amounts of, or sell, fuel or other flammable liquids or gases; and

(3) The local enforcement agency may impose a fee for such application, not to exceed $25 annually to offset the costs involved in this chapter.

C. The registered charity 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 charitable organization or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the charitable organization or other entity. For the purposes of this subsection, an answering service unrelated to the charitable organization does not constitute a bona fide office;

D. The following information is clearly and conspicuously displayed on the exterior of the donation clothing bin:

(1) The name and address of the registered charitable organization 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 registered charitable organization's charitable registration number;

(3) The telephone number of the registered charitable organization'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 required pursuant to Subsection C of this section;

(4) The following statement: "INFORMATION FILES WITH THE NEW JERSEY ATTORNEY GENERAL'S DIVISION OF CONSUMER AFFAIRS IN THE DEPARTMENT OF LAW AND PUBLIC SAFETY CONCERNING THIS CHARITABLE ORGANIZATION MAY BE OBTAINED FROM THE DIVISION BY CALLING __________________ AND IS AVAILABLE ON THE INTERNET AT _____________________. REGISTRATION WITH THE DIVISION OF CONSUMER AFFAIRS DOES NOT IMPLY ENDORSEMENT" (with the telephone number and Internet website address though which members of the general public may obtain information from the Division of Consumer Affairs about the information filed by the registered charitable organization inserted in place of the appropriate blanks);

(5) A copy of the permit granted pursuant to Subsection B of this section; and

(6) In cases when any entity other than the registered charitable organization which 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 registered charitable organization which owns the bin, and identifying all such entities which may share or profit from such donations.

§ 101-3 Violations and penalties.

A. Any person, partnership, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be punished by one or more of the following:

(1) A fine not exceeding $1,000;

(2) Confinement in the county jail for a period not to exceed 90 days;

(3) A period of community service not to exceed 90 days.

B. The minimum penalty or fine for the violation of any of the provisions of this chapter shall be $100.

C. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and take to be a separate and distinct offense.