[HISTORY: Adopted by the Township Committee of the Township
of Montague 9-23-14 as Ord. No. 2014-11. Amendments noted where applicable.]
For the purposes of this Article, "solicitation" or "solicit"
means the request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind of 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, for
solicitation purposes, unless all of the following requirements are
met:
A.
The person has obtained a permit, valid for a specified period of
time from the Township, in accordance with the following:
(1)
In applying for such a permit, the person 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 required
pursuant to subsection (E) of this section, of any entity which may
share or profit from any clothing or other donations collected via
the bin; and
(d)
Written consent of the property owner to place the bin on his
property.
B.
The Township 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
100 yards of any place which stores large amounts of, or sells, fuel
or other flammable liquids or gases.
C.
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of the fee imposed for such renewal.
Such application shall include:
(1)
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted and written consent
from the property owner to place the bin on his property;
(2)
The manner in which the person has used, sold, or dispersed any clothing
or other donations collected 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; and
D.
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection E of this section.
E.
The person, and any other entity which may share or profit from any
clothing or other donations collected via the bin, maintains a bona
fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. For the purposes of this subsection, an
answering machine or service unrelated to the person does not constitute
a bona fide office; and
(1)
The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(a)
The name and address of the registered person that owns the
bin, and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
(b)
The telephone number of the person'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;
(c)
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
(d)
A statement, consistent with the information provided to the Township in the most recent permit or renewal application in Subsections A and C of this section, indicating 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.
The Township, through its Code Enforcement Department, shall
receive and investigate any complaints from the public about a bin.
Whenever it appears 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.40:48-2.60
et seq.) or this chapter, the person who placed the bin shall be issued
a warning, stating that if the violation is not rectified by applying
for a permit within 10 days, a summons will issue.
In the event that the person who placed the bin does not rectify
the violation, the Township 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 Township.
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of P.L.2007,
c.209 (C.40:48-2.60 et seq.) or this chapter which results in seizure
of the donation clothing bin shall be:
A.
Subject to a penalty of up to $20,000 for each violation. The Township
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 municipality;
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
(C.40:482.61) and this chapter. A person disqualified from placing,
using or employing a donation clothing bin by violating the provisions
of P.L.2007, c.209 (C.40:482.60 et seq.) and this chapter may apply
to the Township to have that person's eligibility restored. The
Township may restore the eligibility of a person who:
