The purpose of this chapter is to provide for the enforcement
of P.L. 2007, c. 209.
SOLICITATION or SOLICIT
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.
The Borough of Merchantville in which the donation clothing
bin has been placed shall receive and investigate, within thirty (30)
days, any complaints from the public about the bin. Whenever it appears
to the Chief of Police or his designee that a person has engaged in,
or is engaging in any act or practice in violation of Section 2 of
P.L. 2007, c. 209 (C. 40:48-2.61), 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 is not requested within forty-five
(45) days, the bin will be seized or removed by the Chief of Police
or his designee 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.
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 Chief of Police or his designee 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.