[Ord. No. O-17-09]
The purpose of this chapter is to set forth the rules and regulations
governing the use and placement of charitable clothing bins for solicitation
throughout the Town of Morristown.
[Ord. No. O-17-09]
Receptacle used to place clothing solicited for charitable
purposes under this chapter.
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.
[Ord. No. O-17-09]
a.Â
Permit
required. Notwithstanding any other provisions of law to the contrary,
no person shall place, use, or employ a charitable clothing bin, for
solicitation purposes, unless a permit, valid for a specified time,
has been obtained from the Department of Public Works, Land Use Division,
Zoning Office.
b.Â
Refusal
of permit. The Department of Public Works, Land Use Division, Zoning
Office shall not grant an application for a permit to place, use,
or employ a charitable clothing bin if it determines that the placement
of such bin may constitute a hazard to the public safety and welfare.
Such hazards shall include, but not be limited to, the placement of
a charitable clothing bin within 100 yards of any place which stores
or sells large amounts of fuel or other flammable liquids or gases.
c.Â
Permit
application. In applying for such a permit, the applicant shall provide:
1.Â
A description of the proposed location, as precise as may be practicable,
of each charitable clothing bin and each bin location shall be the
subject of a separate application; and
2.Â
The manner in which the applicant anticipates any clothing or other
donations collected by the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent; and
3.Â
The name, street address (no Post Office Box numbers) and telephone
number of the bona fide office of the applicant or any entity which
may share or profit from any clothing or other donations collected
by the bin may be contacted during normal business hours concerning
the applicant or entity; and
4.Â
Written consent from the property owner to place the bin on his property.
[Ord. No. O-17-09]
The following information shall be clearly and conspicuously
displayed on the exterior of each charitable clothing bin:
a.Â
The
name and street address (no Post Office Box numbers) of the permittee
and of any other entity which may share or profit from any clothing
or other donations collected by the bin;
b.Â
The
telephone number at the permittee's bona fide office and, of
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 by the bin;
c.Â
In
cases where an entity other than the permittee owns the bin and may
share or profit from any clothing or other donations collected by
the bin, written in a clear and easily understandable manner, indicating
that clothing or other donations collected by the bin, their proceeds,
or both, may be shared, or given entirely to, an entity other than
the permittee that owns the bin, and identifying all such entities
which may share or profit from such donations; and
d.Â
A
statement, consistent with the information provided to the Department
of Public Works, Land Use Division, Zoning Office in the most recent
permit or renewal application indicating the manner in which the permittee
anticipates any clothing or other donations collected by the bin would
be used, sold, or dispersed, and the method by which the proceeds
of collected donations would be allocated or spent.
e.Â
The
permit number and its date of expiration shall be clearly and conspicuously
displayed on the exterior of the charitable clothing bin, in addition
to the other information required pursuant to this section.
[Ord. No. O-17-09]
A nonrefundable fee of $25 shall be charged per each application
for a permit under this chapter to offset the costs involved in enforcing
the provisions of N.J.S.A. 40:49-2.60 et seq.
[Ord. No. O-17-09]
An expiring permit for a charitable clothing bin may be renewed
upon application for renewal and payment of any fee imposed by the
Department of Public Works, Land Use Division, Zoning Office for such
renewal. However, no more than $25 shall be charged for a permit regarding
the same bin. Such renewal application shall include:
a.Â
A
description, as precise as may be practicable, of the proposed location
of the charitable clothing bin, or, if the renewal applicant intends
to move such bin, the new location where the bin shall be situated
after the renewal is granted, together with written consent from the
property owner to place the bin on his property during the renewal
period.
b.Â
The
manner in which the renewal applicant has used, sold, or dispersed
any clothing or other donations collected by the bin, the method by
which the proceeds of collected donations have been allocated or spent,
and any changes the renewal anticipates that it shall make in these
processes during the period covered by the renewal.
c.Â
The
name, street address (no Post Office Box numbers) and telephone number
of the renewal applicant's bona-fide office or of any entity
which shared or profited from any clothing or other donations collected
by the bin, and of any entities which may do so during the period
covered by the renewal.
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All renewal permittees shall abide by the provisions pursuant to § 8-4 hereinabove.
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[Ord. No. O-17-09]
The applicant and any other entity which may share or profit
from any clothing or other donations collected by the bin, shall maintain
a bona-fide office where a representative of the applicant or other
entity, respectively, may be contacted during normal business hours
for the purpose of offering information concerning the applicant or
other entity. For the purposes of this section, an answering machine
or service unrelated to the applicant does not constitute a bona-fide
office.
[Ord. No. O-17-09]
a.Â
The
applicant and any other entity which may share or profit from any
clothing or other donations collected by a bin, shall maintain the
bin and area surrounding the bin, so that such area remains clean,
neat and free of debris, garbage, clothing and other items.
b.Â
Any person found guilty of violating any provision of this § 8-8 shall be punished by a fine not exceeding $500 or by imprisonment in the County jail for a term not exceeding 90 days, or both, in the discretion of the municipal court. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Ord. No. O-17-09]
a.Â
Any
complaints received regarding any charitable clothing bin shall be
reviewed and investigated by Department of Public Works, Land Use
Division, Zoning Office within 30 days of receipt. Whenever it appears
to the Department of Public Works, Land Use Division, Zoning Office
that a person has engaged in, or is engaging in, any act or practice
in violation of N.J.S.A. 40:48-2.61, the permittee shall be issued
a warning, stating that if the violation is not rectified or a hearing
with the Department of Public Works, Land Use Division, Zoning Office
is not requested within 45 days, such charitable clothing bin shall
be seized or removed at the expense of the permittee, and any clothing
or other donations collected by the bin will be sold at public auction
or otherwise disposed of in accordance with law. In addition to any
other means used to notify the permittee who placed the bin, such
warning shall be affixed to the exterior of the bin itself.
b.Â
In
the event that the permittee does not rectify the violation or request
a hearing within 45 days of the posting of the warning, the Department
of Public Works, Land Use Division, Zoning Office may seize the said
bin, remove it, or have it removed, at the expense of the permittee,
and may sell at public auction or otherwise dispose of any clothing
or other donations by such bin. Any proceeds from the sale of the
donations collected by the bin shall be paid to Town of Morristown's
Chief Financial Officer.
[Ord. No. O-17-09]
a.Â
In addition to any other penalties or remedies authorized by this
chapter and the laws of this State, any person who violates any provision
of this chapter which results in seizure of the charitable clothing
bin shall be:
1.Â
Subject to a penalty of up to $2,000 for each such violation. The
Department of Public Works, Land Use Division, Zoning Office may bring
this action in the municipal court or 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 Town
of Morristown's Chief Financial Officer; and
2.Â
Deemed ineligible to place, use, or employ a charitable clothing
bin for solicitation purposes set forth herein. An applicant disqualified
from placing, using, or employing a charitable clothing bin may apply
to the Department of Public Works, Land Use Division, Zoning Office
to have that applicant's eligibility restored. The Department
of Public Works, Land Use Division, Zoning Office may restore the
eligibility of an applicant who:
