Pursuant to N.J.S.A. 40:48-2.60 et seq., for the purposes of
this chapter only, 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.
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a donation clothing bin within
Willingboro Township, for solicitation purposes, without obtaining
a permit from the Township Clerk. Permits are renewable on an annual
basis during the month of January.
The annual permit fee is $25 per bin and will be used to offset
the cost involved in enforcing this chapter, according to N.J.S.A.
40:48-2.61.
The application for obtaining a permit shall include:
A. The location where the bin will 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 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 subsection, an answering
machine or service does not constitute a bona fide office;
D. Written consent from the property owner to place the bin on the property;
and
E. The bin owner shall provide the Township with its current annual
report to the State of New Jersey at the time that the permit application
is filed with the Township.
In addition to the above application requirements, renewal applications
must include:
A. A statement on the manner in which the person has used, sold, or
dispersed any clothing or other donation 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;
B. The name and telephone number 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
covered by the renewal;
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; and
D. The donation bin owner shall provide its annual report made to the
State of New Jersey for the year of the renewal with any subsequent
permit renewal applications.
Willingboro 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 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 a bin where it interferes with vehicular or pedestrian circulation.
The requirements of the site plan must be maintained for the number
of parking spaces, or application for a use variance must be made
to the Zoning Board of Adjustment. The person placing, using or employing
a donation clothing 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.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A. The permit number and its date of expiration;
B. The name and address of the registered person who owns the bin, and
of any other entity which may share or profit from any clothing or
other donations collected via the bin;
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 does not constitute a bona fide office;
D. In cases when 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
E. A statement, consistent with the information provided to Willingboro
Township in the most recent permit or renewal application, indicating
the manner in which the owner 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.
It shall be the duty of the person placing, using, employing,
or owning a clothing donation bin to properly maintain and service
each clothing donation bin placed within Willingboro Township so as
to prevent such clothing bin from creating any nuisance or hazardous
or unsafe condition, in accordance with this chapter and the Code
of the Township of Willingboro.
The Zoning Officer or other person designated by the Township
Council as a person authorized to enforce the provisions of this chapter
shall, upon receipt of a complaint by a local resident or any other
person that a clothing donation bin is causing a nuisance or hazardous
or unsafe condition, investigate such complaint and take such enforcement
action as is permitted pursuant to N.J.S.A. 40:48-2.62 and N.J.S.A.
40:48-2.63.
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 donation clothing bin, in
accordance with N.J.S.A. 40:48-2.63, shall be:
A. Subject to a penalty of up to $1,000 for each violation. The Township
of Willingboro may bring this action in the Willingboro 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 chapter and 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
Township Council of Willingboro Township to have that person's
eligibility restored. The Willingboro Township Council 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 this chapter and 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.