The purpose of this article is to implement the provisions of
P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), and to establish
guidelines for the use of charitable clothing bins/donation bins throughout
the Borough of Berlin.
For the purposes of this article only, the terms "solicitation"
or "solicit" shall mean 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 collecting 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, corporation or entity (hereinafter collectively "person")
shall place, use or employ a charitable clothing bin/donation clothing
bin, for solicitation purposes, unless all the following requirements
are met:
A. Permit. The person shall obtain a permit, valid for one year, issued
by the Borough Zoning Official. In applying for such permit, the person
shall include:
(1) The name and address of the property owner(s) where the bin is proposed
to be situated;
(2) The location (street address and block/lot) where the bin is to be
situated;
(3) The location on the property in relation to the property lines and
improvements [number of feet (distance) from all property lines and
improvements], as precisely as possible;
(4) 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 the collected donations would
be allocated or spent;
(5) The name and telephone number of the bona fide office of any entity
which may share or profit from any clothing or other donations collected
via the bin;
(6) Written consent from the property owner to place the bin on its property;
(7) The fee for the application shall be $50.
B. Renewal of the permit.
(1) An expiring permit for charitable clothing bin/donation bin may be
renewed upon application for renewal.
(2) The fee for permit renewal shall be $50 upon application for renewal.
C. Denial of permit.
(1) The Borough Zoning Official shall not grant an application for a
permit to place, use or employ a charitable clothing bin/donation
clothing bin if the Zoning Official 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 bin within 100
yards of any place which stores or sells fuel or other flammable liquids
or gases or other combustible products.
(2) No bin shall be placed upon any public property, public right-of-way
and/or easement and/or public road without the approval and consent
of the governing body.
D. Display of permit information. The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin. In addition, the following information set forth in this Subsection
D of this section shall be displayed. The following information must be clearly and conspicuously displayed on the exterior of the charitable clothing bin/donation clothing bin:
(1) The name and address of the registered person that owns the bin,
and any other entity which may share or profit from any clothing or
other donations collected via the bin;
(2) 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. For the purposes of this subsection, an answering machine
or service unrelated to the person does not constitute a bona fide
office; and
(3) 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 the 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.
E. Limit and location of charitable clothing/donation bins. No more
than four bins shall be allowed on a single property. Said bins shall
be located to the side or rear of the respective property.