For purposes of this chapter only, the following terms shall
have the meanings indicated: "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 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
the Township for solicitation purposes without obtaining a permit
from the Township. Permits are renewable on an annual basis during
the month of January.
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 applicant anticipates clothing or other donations
collected via the bin will be used, sold or dispersed, and the method
by which the proceeds of the collected donations will 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 purposes of this subsection, an answering machine
or service unrelated to the person does not constitute a bona fide
office;
D. Written, signed consent from the property owner to place the bin
on his, her or its property; and
E. The applicant's agreement to provide the Township with a quarterly
report on the amount of textiles collected for inclusion in the Township's
recycling report. Failure to provide the report shall be a basis for
suspending the license.
In addition to the application requirements set forth in §
57-4, renewal applications must include:
A. A statement describing the manner in which the applicant 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 person anticipates may
be made in these processes during the period covered by the renewal;
B. The name and telephone number of the bona fide office of every entity
or person which shared or profited from any clothing or other donations
collected via the bin, and of all entities and persons who 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, stated as precisely as possible, and signed
consent from the property owner of the new location; and
D. The applicant's agreement to provide the Township with a quarterly
report on the amount of textiles collected for inclusion in the Township's
recycling report. Failure to provide the report shall be a basis for
suspending the license.
The following information shall be clearly and conspicuously
displayed on the exterior of every donation clothing bin:
A. The permit number and its date of expiration;
B. The name and address of the registered person or entity who owns
the bin, and/or any other entity which may share or profit from any
clothing or other donations collected via the bin;
C. The telephone number of the bin 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 unrelated to the person does not constitute
a bona fide office;
D. In cases when an entity other than the owner of a bin may share or
profit from clothing or other donations collected via the bin, a notice,
written in a clear and easily understandable language, stating 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 identification of all such entities
which may share or profit from such donations; and
E. A statement, consistent with the information provided to the Township
in the most recent permit or renewal application, indicating the manner
in which the bin owner anticipates clothing or other donations collected
via the bin will be used, sold or dispersed, and the method by which
the proceeds of collected donations will be allocated or spent.
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.), shall be subject to the following penalties:
A. Monetary penalties; revocation of permit.
(1) For the first offense: $100 per day;
(2) For the second offense: $250 per day;
(3) For the third offense: mandatory revocation of permit; and
B. Any person or organization may be 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 Committee to have that person's
eligibility restored. The Township Committee may restore the eligibility
of a person who:
(1) Acts within the public interest; and
(2) Demonstrates that he or she 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, and had no
fraudulent intentions.
All references in this chapter to state statutes include reference
to all amendments thereto.