[HISTORY: Adopted by the Township Committee of the Township
of Winslow 4-28-09 as Ord. No. O-2009-009. Amendments noted where applicable.]
any enclosed receptacle or container made of metal, steel
or any other material, or similar pattern and design, which are intended
for the donation and/or the temporary storage of clothing or other
materials.
shall mean for purposes of 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.
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a donation clothing bin within
the Township of Winslow, for solicitation purposes, without obtaining
a permit from the Municipal Clerk, which is approved by the Township
Committee. Permits shall be renewable on an annual basis during the
month of January.
Nothing herein shall eliminate any requirements to obtain any
approval or permit as may be otherwise required by law including,
but not limited to, land use approval, zoning permits or building
permits, as the case may be.
The annual permit fee is twenty-five dollars ($25.) per bin
and will be used to offset the costs involved in enforcing this chapter.
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 any 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;
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 subsection, 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/her
property.
In addition to the above application requirements, renewal applications
must include:
A.
A statement of the manner in which the applicant has used, sold,
or dispersed any clothing or other donation collected via the bin,
the method by which the proceeds of collected donations have been
allocated or spent, and any changes the applicant 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, a precise description
of 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.
[Amended 10-25-11 by Ord. No. O-2011-028]
No application for a permit to place, use, or employ a donation
clothing bin shall be granted if it is determined 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.
Any 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 donation clothing bin shall be permitted to be placed or operated
on vacant and/or otherwise undeveloped property.
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 subsection, 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 township
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 will be used, sold, or dispersed, and the method by which
the proceeds of collected donations will be allocated or spent.
[Amended 10-25-11 by Ord. No. O-2011-028]
A.
The Construction Code Official, or his/her authorized designee, shall
receive and investigate, within thirty (30) days, any complaints from
the public about the bin. Whenever it appears to the Construction
Code Official, or his/her authorized designee, that a person has engaged
in, or is engaging in any act or practice in violation of this chapter,
the person who placed the bin shall be issued a written warning, stating
that if the violation is not rectified or a hearing before the Township
Committee 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.
B.
In the event that the person who placed the donation clothing bin
does not rectify the violation or request a hearing within forty-five
(45) days of the posting of the warning, the township may take the
following action:
(1)
The bin may be seized or removed, at the expense of the person who
placed the bin, and the township shall be permitted to sell at public
auction or otherwise dispose of the bin or any of its contents; and
(2)
The permit issued to the person who placed the bin in accordance
with the provisions of this section, may be revoked.
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 twenty thousand dollars ($20,000.)
for each violation. The township may bring this action in the Winslow
Township 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 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 this chapter or 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:
