[HISTORY: Adopted by the Township Council of the Township
of Little Falls 11-14-2011 by Ord. No. 1141.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 29 but was renumbered to maintain the organization of the Code.
Pursuant to N.J.S.A. 40:48-2.60 through 40:48-2.64, the purpose
of this chapter is to provide a uniform set of procedures for administering
the placement and maintenance of clothing bins within the Township
of Little Falls (hereinafter referred to as "Township"), as well as
providing for a uniform set of procedures for administering the issuance
and revocation of all permits issued by the Township for the placement
of clothing bins, consistent with the laws of the State of New Jersey.
For purpose of this chapter, the following terms shall be defined
as follows:
Location at which a representative of the person or entity
can be reached at a telephone information line during normal business
hours for the purpose of offering information concerning the person
or entity. An answering machine or service unrelated to the person
or entity does not constitute a bona fide office.
Any enclosed receptacle, container or other depository made
of metal, steel, or a similar product, and designed or intended for
the donation and the temporary storage of clothing or other materials.
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind of 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.
A.
Notwithstanding any other provision of law to the contrary, no person
shall place, use or employ a clothing bin for solicitation purposes,
within the Township, without first obtaining a permit valid for a
period of one year, from the Township Clerk, as hereinafter provided.
The annual period for each permit shall commence on January 1 and
conclude on December 31 of each year.
B.
The Township will only issue permits for 12 charitable donation bins
per year. The Township shall create a "wait list" for all of the applicants.
The permits for the receptacles will be issued on a first-come-first-serve
basis, with each company receiving a permit for a maximum of two bins.
A.
Application for a permit to place and/or maintain a clothing bin
shall be made, in writing, to the Township Clerk, prior to placing
and/or maintaining the clothing bin.
B.
The application shall contain the following information:
(1)
Name, address, bona fide office and telephone number of the person,
firm, corporation, club or charitable organization, institution or
association placing and/or maintaining such clothing bin;
(2)
Name and address of the owner of the premises on which the clothing
bin is to be located and the written consent of the owner, if the
applicant is other than the owner;
(3)
Name, address, bona fide office and telephone number of any entity
which may share or profit from any clothing or other donations collected
via the bin;
(4)
The location where the clothing bin would be situated, described
as precisely as possible;
(5)
A description of the proposed clothing bin, including dimensions;
(6)
The manner in which the person, firm, corporation, club or charitable
organization, institution or association anticipates any clothing
or other donations collected via the charitable donation bin would
be used, sold or dispersed, and the method by which the proceeds of
collected donations would be allocated or spent;
(7)
The schedule of pickups removing the articles from the clothing bins,
which can be no less than once per week, and the name and telephone
number of the person to be notified if the clothing bin is overflowing
prior to the scheduled date of pickup; and
(8)
Liability insurance certificate in an amount not less than $500,000
per incident.
C.
The fee for such application for the permit to place and/or maintain
a clothing bin shall be $25.
D.
An expiring clothing bin permit may be renewed, upon application
to the Township Clerk for renewal, which application shall include
the following information and payment of a twenty-five-dollar permit
renewal application fee:
(1)
Name, address, bona fide office and telephone number of the person,
firm, corporation, club or charitable organization, institution or
association placing and/or maintaining such clothing bin;
(2)
Name and address of the owner of the premises on which the clothing
bin is to be located, and the written consent of the owner if the
applicant is other than the owner, and, if the applicant intends to
move the charitable donation bin to a new location upon renewal, the
name and address of the owner of the premises on which the clothing
bin is to be located and the written consent of the owner if the applicant
is other than the owner;
(3)
Name, address, bona fide office and telephone number 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;
(4)
The location where the clothing bin would be situated, as precisely
as possible, and, if the applicant intends to move it, the new location
where the clothing bin would be situated, as precisely as possible;
(5)
A description of the proposed clothing bin, including dimensions;
(6)
The manner in which the person, firm, corporation, club or charitable
organization, institution or association has used, sold or dispersed
any clothing or other donations collected via the clothing bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person, firm, corporation, club or charitable
organization, institution or association anticipates it may make in
these processes during the period covered by the renewal;
(7)
The schedule of pickups removing the articles from the charitable
donation bins, which can be no less than once per week, and the name
and telephone number of the person to be notified if the clothing
bin is overflowing prior to the scheduled date of pickup; and
(8)
Liability insurance certificate in an amount not less than $500,000
per incident.
A.
The following information shall be clearly and conspicuously displayed
on the exterior of each charitable donation bin:
(1)
The permit number and date of expiration;
(2)
The name and address of the registered person, firm, corporation,
club or charitable organization, institution or association that owns
the chartiable donation bin, and any other entity which may share
or profit from any clothing or other donations collected via the bin;
(3)
The telephone number of the person, firm, corporation, club or charitable
organization, institution or association's bona fide office and,
if applicable, the telephone number of any other entity which may
share or profit from any clothing or other donations collected via
the bin;
(4)
In cases when an entity other than the person who owns the clothing
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, firm, corporation, club or charitable
organization, institution or association who owns the bin, and identifying
all such entities which may share or profit from such donations; and
(5)
A statement indicating the manner in which the person, firm, corporation,
club or charitable organization, institution or association 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.
B.
An application for a permit to place and/or maintain a charitable
donation bin shall not be granted and/or may be revoked if the Township's
Building Official and/or Police Division determines that the placement
of the bin constitutes a health or safety hazard. Such hazards shall
include, but are not limited to, the placement of a clothing bin in
parking spaces, in any area that interferes with pedestrian or vehicular
traffic, landscaping, required setbacks, or within 100 yards of any
place which stores large amounts of, or sells, fuel or other flammable
liquids or gases, or is likely to or does attract vermin or litter.
C.
Charitable donation bins may not be placed upon residential properties.
D.
Each charitable donation bin shall be considered an accessory to
any existing nonresidential use, and shall not be located within 100
feet of any residential area, except if located upon Township property.
E.
Charitable donation bins are not to be placed in any front yards,
and a minimum setback of 10 feet from property lines shall be required.
F.
Charitable donation bins may not be placed in any required driveways
or upon any unimproved lots within the Township.
G.
Charitable donation bins may be placed within a parking area, provided
that the Municipal Engineer determines that the space or spaces dedicated
to the bins are underutilized.
H.
A maximum of two charitable donation bins may be placed and maintained
at any specific property within the Township, with the exception of
the DPW transfer station, which may have a maximum of four charitable
donation bins located thereon.
It shall be the obligation and duty of the person, firm, corporation,
club or charitable organization, institution or association placing,
using, employing or owning a charitable donation bin to properly maintain
and service each such bin placed within the Township, so as to prevent
the creation and/or maintenance of any nuisance, hazardous or unsafe
condition.
This chapter shall be enforced by the Building Division and/or
the Police Division. All charitable donation bins shall be subject
to inspection by the Building Division, Police Division, or any duly
authorized representative of the Township.
A.
The Building Division and/or the Police Division shall receive and
investigate, within 10 days, any complaints from the public about
a charitable donation bin.
(1)
Whenever it appears that a person, firm, corporation, club or charitable
organization, institution or association has engaged in, or is engaging
in, any act, omission or practice which violates this chapter, the
person, firm, corporation, club or charitable organization, institution
or association who placed and/or maintains the clothing bin shall
be issued a warning, stating that if the violation is not rectified
or a hearing is not requested within 45 days, the bin will be seized
or removed at the expense of the person, firm, corporation, club or
charitable organization, institution or association 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 the sole discretion
of the Township.
(2)
In addition to any other means used to notify the person, firm, corporation,
club or charitable organization, institution or association 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, the 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 donations
collected via the bin shall be retained by the Township.
A.
In addition to any other penalties or remedies authorized by the
laws of this state, any person, firm, corporation, club or charitable
organization, institution or association violating any of the provisions
of this chapter and/or any provisions of P.L. 2007, c. 209 (N.J.S.A.
40:48-2.60 et seq.), which results in the seizure of the charitable
donation bin, shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The Building
Division and/or Police Division may bring this action in the Municipal
Court, or in the Superior Court as a summary proceeding, under the
Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., and any
penalty monies collected shall be paid to the Township; and
(2)
Deemed ineligible to place and maintain a clothing bin pursuant to
this chapter. However, a person, firm, corporation, club or charitable
organization, institution or association that has been disqualified
from placing and/or maintaining a charitable donation bin in the Township,
due to a violation of the provisions of this chapter, may apply to
the Township to have its eligibility restored. The Township may restore
eligibility of any person, firm, corporation, club or charitable organization,
institution or association who:
B.
In addition to any other penalties or remedies authorized by the
laws of this state and/or under this chapter, any person, firm, corporation,
club or charitable organization, institution or association that violates
any provision hereof, and which results in a threat to public health
or safety, shall be subject to all other penalties and remedies provided
by the laws governing and conferring the Township police powers.
