For the purpose 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.
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a donation clothing bin within
the Township of Raritan, for solicitation purposes, without obtaining
a permit from the Municipal Clerk, which is approved by the Township
Committee. Permits are renewable on an annual basis during the month
of January.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The annual permit fee is as provided in Chapter
245, Fees, §
245-4, 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 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 subsection, an answering machine or service
unrelated to the person does not constitute a bond fide office; and
D. Written consent from the property
owner to place the bin on his property.
In addition to the above application requirements, renewal applications
must include:
A. A statement on the manner in which
the person 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 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.
The Township of Raritan 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; 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.
[Amended 12-18-2018 by Ord. No. 18-30]
A. The name and address of the registered
person that owns the bin, and any other entity which may share or
profit from any clothing or 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 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 renewal
application, 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 the collected
donations will be allocated or spent.
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
$20,000 for each violation. The Township of Raritan may bring this
action in the Township of Raritan 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 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 Township Committee of the Township
of Raritan to have that person's eligibility restored. The Township
Committee may restore the eligibility of a person who:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1) Acts within the public interest;
and
(2) Demonstrates that he made
a good faith effort to comply with the provisions of this chapter
and 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.