[Ord. #2013-10]
For the purposes of this Chapter 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 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. #2013-10]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a donation clothing bin within
the Borough of Point Pleasant, for solicitation purposes, without
obtaining a permit from the Municipal Clerk, which is approved by
the Borough Council of the Borough of Point Pleasant Borough. Permits
are renewable on an annual basis during the month of January.
[Ord. #2013-10; amended 2-25-2019 by Ord. No. 2019-06; 3-25-2019 by Ord. No. 2019-11]
The annual permit fee is twenty-five ($25.00) dollars per bin
and will be used to offset the costs involved in enforcing this Chapter.
However there will be no permit fee due from nonprofit entities who
provide to the Borough sufficient proofs to show that they are a Section
501(c) not-for-profit entity, under which circumstances the permit
fee will be waived.
[Ord. #2013-10]
The application for obtaining a permit shall include:
a.
The location where the bin would be situated, as precisely as possible;
b.
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 collected donations would
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 the purposes of this Section, an answering
machine or service unrelated to the person does not constitute a bona
fide office; and
d.
Written consent from the property owner to place the bin on his property.
[Ord. #2013-10]
In addition to the above application requirements, renewal application
must include:
a.
A statement on the manner in which the person has used, sold, or
dispersed any clothing or other donation collect via the bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person anticipates it may make in these
processes during the period covered by the renewal;
b.
The name and telephone number of the bona fide office of any 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; 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.
[Ord. #2013-10; amended 2-25-2019 by Ord. No. 2019-06; 3-25-2019 by Ord. No. 2019-11]
The Borough of Point Pleasant Borough shall not grant an application
for a permit to place, use, or employ a donation clothing bin if it
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 clothing bin within one hundred (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 clothing bin shall maintain the bin and the area surrounding
the bin such that there shall be no accumulation of clothing or other
donations outside the bin. No bins shall be located in residentially
zoned areas of the Borough, but rather shall be exclusively located
within commercial, retail or industrial zones of the Borough.
[Ord. #2013-10]
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
a.
The permit number and its date of expiration;
b.
The name and address of the registered person who owns the bin, and
of any other entity which may share or profit from any clothing or
other donations collected via the bin;
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 or other donations
collected via the bin. For the purposes of this Section, an answering
machine or service unrelated to the person does not constitute a bona
fide office;
d.
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 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; and
e.
A statement, consistent with the information provided to the Borough
in the most recent permit or renewal application, indicating the manner
in which the owner 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.
[Ord. #2013-10]
a.
The Zoning Officer shall receive and investigate, within thirty (30)
days, any complaints from the public about the bin. Whenever it appears
to the Zoning Officer that a person has engaged in, or is engaging
in any act or practice in violation of Chapter, the person who placed
the bin shall be issued a warning, stating that if the violation is
not rectified or a hearing with the Borough Council of the Borough
of Point Pleasant Borough is not requested within forty-five (45)
days, the bin will be seized or removed at the expense of the person
who placed the bin, and any clothing 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; and
b.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within forty-five (45) days of
the posting of the warning, the Borough of Point Pleasant may seize
the bin, remove it, or have it removed, at the expense of the person
who placed the bin, and sell at public auction or otherwise dispose
of any clothing 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 Borough.
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.) which results in seizure of the donation clothing bin shall
be:
a.
Subject to a penalty of up to one thousand ($1,000.00) dollars for
each violation. The Borough of Point Pleasant Borough may bring this
action in the Borough of Point Pleasant 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 Borough; and
b.
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 Borough
of Point Pleasant Borough to have that person's eligibility restored.
The Borough Council may restore the eligibility of a person who:
