The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A. The permit number and the date of expiration of that permit;
B. The name and address of the registered person who owns the bin, and
any other entity which may share or profit from any clothing or donations;
C. Telephone number of the person's bona fide office and the telephone
number of the bona fide office of any other entity which may share
in the profit from any clothing or donations collected via the bin;
D. In cases where the entity other than the person who owns the bin
may share or profit from any clothing or other donations collected
via the bin, then notice shall also state that clothing or other donations
collected via the bin, proceeds or both may be shared, or given directly
to an entity other than the person who owns the bin, which such entity
shall be identified; and
E. A statement indicating the manner in which the person, entity or
organization anticipates any clothing or other donations collected
via the bin would be used, sold or disbursed and the method by which
the proceeds collected would be allocated or spent.
In addition to the remedies set forth in §
140-4 above, any person who violates this chapter or N.J.S.A. 40:48-2.60 et seq., and as amended and or supplemented, which results in the seizure of the donation clothing bin shall be subject to the following:
A. A penalty up to $20,000 for each violation. The Borough shall bring
this action in Municipal Court or Superior Court in a summary proceeding
under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A.
2A:58-10 et seq.). Penalty monies collected shall be paid to the Chief
Financial Officer of the Borough.
B. Deemed ineligible to place, use or employ a donation clothing bin
for solicitation purposes. A person who is deemed ineligible may apply
to the Zoning Official to that person's eligibility restored.
The Zoning Official may restore the eligibility of a person who:
(1) Acted within the public interest; and
(2) Demonstrates that he has made a good-faith effort to comply with
the provisions of N.J.S.A. 40:48-2.60 et seq. and this chapter and
had no fraudulent intentions.