[HISTORY: Adopted by the Township Council of the Council
of Galloway 4-8-2014 by Ord. No.
1886. Amendments noted where applicable.]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a clothing donation bin within
the Township for solicitation purposes unless all of the following
requirements are met:
A.
The clothing donation bin is owned or sponsored 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, valid
for a twelve-month period, from the Township's Zoning Officer
in accordance with the following:
(1)
In its application for such a permit, the registered charitable organization
shall indicate:
(a)
The location where the bin is currently situated or proposed
to be situated;
(b)
The manner in which the charitable organization 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 the
charitable organization and any entity which may share or profit from
any clothing or other donations collected via the bin; and
(d)
Written consent from the property owner to place the bin on
its property.
(2)
The Zoning Officer shall not grant a permit to place, use, or employ
a clothing donation bin if it determines that the placement of the
bin could constitute a safety hazard. The Zoning Office shall consult
with the Police Department regarding any potential safety hazards.
Such hazards shall include, but not be limited to, the placement of
a clothing donation bin within 100 yards of any place which stores
large amounts of, or sells, fuel or other flammable liquids or gases.
(3)
No clothing donations bins shall be placed on Township-owned property.
(4)
No clothing donation bins shall be placed within 100 yards of school-owned
property (district, regional, or privately owned schools).
(5)
No clothing bins shall be placed anywhere that is determined to be
a safety hazard by the Police Department, including but not limited
to road easements and traffic entrance or entrance sight lines.
(6)
The Zoning Officer shall impose a fee for such application, in the
amount of $25 annually for each bin, to offset the costs involved
in enforcing this chapter.
(7)
An expiring permit for a clothing donation bin may be renewed upon
application for renewal and payment of the applicable annual fee.
Such application for renewal shall include information detailing:
(a)
The location where the bin is situated, and, if the person intends
to move it, 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 its property;
(b)
The manner in which the charitable organization has used, sold,
or dispersed 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 charitable organization anticipates
it may make in the processes during the period covered by the renewal;
and
(c)
The name and telephone number of the bona fide office of the
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.
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 shall be clearly and conspicuously displayed
on the exterior of the clothing donation bin:
(1)
The name and address of the registered charitable organization that
owns or is the sponsor of 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;
(4)
In cases when any entity other than the entity 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 entity which owns the bin, and identifying
all such entities which may share or profit from such donations; and
(5)
A statement, consistent with the information provided to the Township
in the most recent permit or renewal application indicating the manner
in which the entity 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 each registered charitable organization
issued a permit hereunder to properly maintain and service any clothing
donation bin placed within the Township so as to prevent such clothing
bin from creating any nuisance, hazardous or unsafe condition.
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 a 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 40:48-2.63.
Any licensee who violates any provision of this chapter and
fails to cure such violation within 48 hours of notice of such violation
shall be subject to the following penalties, in addition to those
penalties and remedies set forth in N.J.S.A. 40:48-2.62 and 40:48-2.63:
(Reserved)
