The purpose of this chapter shall be to provide rules, regulations
and standards for the placement and use of donation clothing bins
in the City of Gloucester in order to promote the public health, safety,
convenience and welfare of the City.
DONATION CLOTHING BIN
A receptacle or container made of metal, steel or other material
designed or intended for the collection and temporary storage of donated
clothing or other items.
SOLICITATION
The request, indirectly or directly, 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 some other thing of value. A solicitation shall take place whether
or not the person making the solicitation receives any contribution.
The annual permit fee (new or renewal permit) is $25 per bin.
The application for a permit shall include:
A. The precise location where the bin would be situated;
B. The amount of compensation (if any) that the owner of the property
is receiving for the installation and/or placement of the bin;
C. The manner in which the applicant 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;
D. 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 chapter, an answering machine
or service unrelated to the person or entity does not constitute a
bona fide office;
E. Written consent from the property owner to place the bin on their
property; and
F. For entities subject to municipal land use regulation, a copy of
the resolution of approval from the Planning Board granting approval
for the proposed donation bin location.
Renewal applications shall include all application requirements stated at Section
45-5 above, plus the following:
A. A statement as to the manner in which the renewal 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 renewal applicant anticipates
it may make as to these procedures 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 precise new location
where the bin is to be situated along with written consent from the
property owner of the new location.
The City of Gloucester 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 include, but are not limited to, the placement of a clothing
donation bin within 100 yards of any place which stores or sells large
amounts of fuel or other inflammable liquids or gases; the placement
of a bin where it interferes with vehicular or pedestrian circulation
and/or flow; or the placement of where it interferes with sight triangles
or sight clearance. The person who uses, places or employs 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. Any person who uses, places or employs a donation
clothing bin and permits the accumulation of clothing or other donations
outside the bin shall be subject to a $100 fine.
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, along with a statement
that a copy of the permit application is on file with the City Clerk;
B. The name and address of (i) the registered person who owns the bin;
and (ii) any other entity which may share or profit from any clothing
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 any other entity which shared
or profited 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. A statement which includes all information stated herein at Section
45-5 (for new permits) and Section
45-6 (for renewal permits).
E. The registered person who owns the bin shall report to the City Clerk
any change of entity or entities which may share or profit from any
clothing or other donations collected via the bin no later than 30
days from the changes. Failure to provide the City Clerk with said
report within the thirty-day period shall result in revocation of
the permit.
In addition to any other penalties or remedies authorized by the laws of the State of New Jersey, any person or entity 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 per Section
45-9 herein, shall be:
A. Subject to a penalty of up to $20,000 for each violation. The appropriate
municipal agency may bring this action in the Municipal Court or Superior
Court as a summary proceeding under the "Penalty Enforcement Law of
1999," P.L.1999, c. 274 (C.2A:58-10 et seq.), and any penalty monies
collected shall be paid to the Chief Financial Officer of the City;
and
B. Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to section 2 of 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 City
Clerk to have that person's eligibility restored. The City may
restore the eligibility of a person who:
(1) Acts within the public interest; and
(2) Demonstrates that he made a good faith effort to comply with the
provisions of P.L. 2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) and all
other applicable laws and regulations, or had no fraudulent intentions.