[HISTORY: Adopted by the Township Committee of the Township
of Bordentown 6-12-2006 by Ord.
No. 2006-12 (Ch. 8.42 of the 2003 Municipal Code);
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Subsequent amendments noted where applicable.]
For the purposes of this chapter only, the following terms shall
have the meanings indicated:
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 Bordentown, for solicitation purposes, without obtaining
a permit from the Township Clerk. Permits are renewable on an annual
basis during the month of January.
The annual permit fee per bin is set forth in Chapter 260, Fee Schedule, 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 bona fide office; and
D.
Written consent from the property
owner to place the bin on the property owner's 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 Bordentown 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.
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;
B.
The name and address of the registered
person who owns the bin, and of any other entity which may share or
profit from any clothing or other donations collected via the bin;
C.
The telephone number of the owner'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. For the purposes
of this subsection, an answering machine or service unrelated to the
person does not constitute a bona fide office;
D.
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
E.
A statement, consistent with the
information provided to the Township in the most recent permit or
renewal application, indicating the manner in which the owner 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.
A.
The Zoning Officer shall receive
and investigate, within 30 days, any complaints from the public about
the bin. Whenever it appears to the Zoning Officer that a person has
engaged in, or is engaging in any act or practice in violation of
this chapter, the person who placed the bin shall be issued a warning,
stating that if the violation is not rectified or a hearing with the
Township of Bordentown Committee is not requested within 45 days,
the bin will be seized or removed at the expense of the person who
placed the bin, and any clothing or other donations collected via
the bin will be sold at public auction or otherwise disposed of. In
addition to any other means used to notify the person who placed the
bin, such warning shall be affixed to the exterior of the bin itself.
B.
In the event that the person who
placed the bin does not rectify the violation or request a hearing
within 45 days of the posting of the warning, the Township of Bordentown
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 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 Bordentown may bring this
action in the Township of Bordentown 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 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 Bordentown
to have that person's eligibility restored. The Township Committee
may restore the eligibility of a person who:
