[Adopted 9-7-2016 by Ord.
No. 15-2016]
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a donation bin, within the Township
of Pemberton, 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 costs involved in enforcing this article and P.L. 2007, c. 209
(N.J.S.A. 40:48-2.60 et seq.). All permits shall run from the date
issued to the last day of January next. No application fee shall be
prorated. Permits are renewable on an annual basis during the month
of January.
In the event that the owner or keeper of a donation bin within the Township of Pemberton fails to make application or renewal application to the Township of Pemberton within 31 days of the first day of each year, or within a time frame consistent with § 142-22, as applicable, then, in addition to the permit fees set forth in § 142-23 above, a charge of $2 per month per bin shall be made to the Township Chief Financial Officer for the donation bin for each month during which a permit application has not been submitted. Late permit application or renewal may result in the Township imposing the aforesaid late fee and/or removing the bin at the sole expense of the person or entity that placed the bin. For the purposes of this section, a month shall not be prorated but instead, where an owner or keeper has failed to submit a permit application during any part of a month, the late fee of $2 per month per bin shall apply.
The Township Clerk shall review each application and obtain
input from the Chief of Police, Fire Chief, and Zoning Officer prior
to issuing a permit. The application for obtaining a permit for a
donation bin shall include:
A.
A site plan showing the location where the bin would be situated,
as precisely as possible, including the distance to the nearest structure(s).
The site plan shall also demonstrate that the bin will not eliminate
any parking spaces or restrict or create a hazard for vehicles or
pedestrians; and
B.
The name, address, phone number and e-mail address of the registered
person who owns the bin; and
C.
The name and telephone number of the bona fide office of any person
or entity which may share or profit from any clothing, items or other
donations collected via the bin, at which such person can be reached
during normal business hours. For the purpose of this article, a voice
mail service or other answering machine or service does not constitute
a bona fide office; and
D.
The manner in which the person anticipates any clothing, items 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; and
E.
Name, address, emergency telephone number, e-mail address and written consent from the property owner to place the bin on his property and written acknowledgment of his responsibility for any violations of law relative to the bin, including but not limited to Chapter 126, Litter Control, including unlawful dumping of items outside any donation bins located on his property. The consent of the property owner must include a grant of access to the Township for enforcement of the requirements contained in this chapter; and
F.
The schedule of pickups removing articles from the bins shall not
be less than once per week, and the name and telephone number of the
person to be notified if the bin is overflowing prior to the scheduled
date of pickup; and
G.
Permit applicants must provide a list of all fuel or other flammable
liquids or gases that are stored on the site where the bin is proposed
to be located pursuant to N.J.S.A. 40:48-2.61a(2); and
H.
Any other information required under N.J.S.A. 40:48-2.61, as amended
from time to time.
An expiring permit may be renewed upon application and payment
of a renewal fee of $25 per bin. 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, items or other donations have been allocated
or spent, and any changes the person or entity anticipates it may
make in these processes during the period covered by the renewal;
and
B.
The name and telephone number of the bona fide office of any entity
which shared or profited from any clothing, items or other donations
collected via the bin and of any entities which may do so during the
period covered by the renewal; and
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.
The Township of Pemberton shall not grant a permit to place,
use, or employ a donation bin if it determines that the placement
of the bin could constitute a safety hazard. Such hazards shall include,
but not limited to, the placement of a donation 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 person placing, using
or employing a donation bin shall maintain the bin and area surrounding
the bin such that there shall be no accumulation of clothing, items
or other donations outside the bin.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation bin:
A.
The permit number and its date of expiration stating that a copy
of the permit application is on file with the Township Clerk; and
B.
The name and address of the registered person or entity that owns
the bin and any other entity which may share or profit from any clothing,
items, or other donations collected via the bin; and
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, items or other
donations collected via the bin.
A permit may be revoked by the Township of Pemberton by reason
of a violation of the terms of the permit, a violation of any municipal
ordinance or state or federal statute or falsification in applying
for the permit. If a permit is revoked, the permit holder shall be
entitled to a hearing by the Township Business Administrator upon
written request to the Township Business Administrator within 45 days
of the notice of violation. No fees shall be returned for any unexpired
period of a permit whether revoked or not.
The officials designated to enforce the provisions of this article
shall be the Chief of Police and the Director of Community Development
or their designees, including the Code Enforcement Officers.
A.
The Township Police Department or Director of Community Development
or their designees shall receive and investigate, within 30 days,
any complaints from the public or Township employees about any bin.
Whenever it appears that a person or entity has engaged in or is engaging
in any act or practice in violation of this article or P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.61 et seq.), the person who placed the bin
shall be issued a written warning stating that if the violation is
not rectified or a hearing with the Township Business Administrator
is not requested within 45 days, the bin will be seized or removed
at the sole expense of the person or entity that placed the bin, and
any clothing, items or other donations collected via the bin will
be sold at public auction or otherwise disposed of. In addition to
any other means used to notify the person 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 appropriate municipal agency may seize the bin, remove
it, or have it removed, at the sole expense of the person who placed
the bin, and sell at public auction or otherwise dispose of any clothing,
items or other donations collected via the bin. Any proceeds from
the sale of the donations collected via the bin shall be paid to the
Chief Financial Officer of the Township.
In addition to any other penalties or remedies authorized by
the laws of the State of New Jersey, any person who violates any provision
of this article 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 bin shall be:
A.
Subject to penalty of up to $20,000 for each violation. The Township
may bring this action in the Township of 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 bin for solicitation
purposes pursuant to Section 2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61).
A person or entity disqualified from placing, using or employing a
donation 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 Clerk to have that person's
eligibility restored. The Township Clerk may restore the eligibility
of a person who:
