Notwithstanding any other provision 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 donation clothing bin is owned
by a charitable organization registered with the Attorney General
of the State of New Jersey pursuant to P.L. 1994, c. 16; and
B. The registered charitable organization
has obtained a permit for a period of one year, issued by the Township
Clerk upon the approval of the Township Council.
An expiring permit for a donation clothing bin may be renewed by a charitable organization on an annual basis upon payment as provided in Chapter
152, Fees. The application shall include the following information:
A. The location where the bin is
situated, as precisely as possible, and, if the applicant intends
to move it, the new location where the bin would be situated after
the renewal is granted;
B. The manner in which the entity
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 entity anticipates
it may make in these processes during the period covered by the renewal;
C. The name and telephone number
of the bona fide office of the applicant and 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;
D. The schedule of pickups removing
the articles from the bins, which can be no less often than once per
week, and the name and telephone number of the person to be notified
if the bin is overflowing prior to the date of pickup;
E. Written consent from the property
owner, or the owner's authorized representative, to place the bin
on his/her property; and
F. Proof of registration with the
Attorney General as a charitable organization.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A. The permit number and expiration
date.
B. The information required to be
displayed on the bin in N.J.S.A. 40:48-2.61.
In addition to any other penalties or remedies authorized by
law, any person or entity who or which violates any provision of this
chapter shall be subject to a penalty of up to $20,000 for each violation
pursuant to N.J.S.A. 40:48-2.60 et seq. The Township may bring this
action in the Municipal Court or the Superior Court as a summary proceeding
under the Penalty Enforcement Law of 1999. Any penalty moneys collected therefrom shall be paid to
the Chief Financial Officer of the Township. An entity violating this
chapter shall be deemed ineligible to place, use, or employ a donation
clothing bin for solicitation purposes pursuant to N.J.S.A. 40:48-2.61
et seq. An entity disqualified from placing, using, or employing a
donation clothing bin by violating the provisions of N.J.S.A. 40:48-2.60
et seq. may apply to the Township Council to have eligibility restored.
The Township Council may restore the eligibility of an entity which
acts within the public interest and demonstrates that it has made
a good faith effort to comply with the provisions of N.J.S.A. 40:48-2.60
et seq. and all other applicable laws and regulations and has no fraudulent
intentions.