[HISTORY: Adopted by the Township Council of the Township of Medford 5-6-2014 by Ord. No. 2014-6. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CLOTHING DONATION BIN
Any receptacle or container made of metal, steel or any other material designed or intended for the collection and temporary storage of donated clothing or other materials.
Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a clothing donation bin, within the Township of Medford, for solicitation purposes, unless:
A. 
They have obtained a permit for a period of one year issued by the Township Clerk.
The annual permit fee per bin is as set forth in Chapter 71 of the Code of the Township of Medford and will be used to offset the costs involved in enforcing P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.). Registered charitable organizations, located within Medford Township, are exempt from paying this annual permit fee, but must still apply for and secure a permit.
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 chapter, an answering machine or service unrelated to the person does not constitute a bona fide office;
D. 
Written consent from the property owner to place the bin on their property; and
E. 
A background check of the applicant and the person or entity referenced in § 9-4C.
An expiring permit may be renewed upon application and payment of a renewal fee per bin as set forth in Chapter 71 of the Code of the Township of Medford. In addition to the above application requirements, renewal applications must include:
A. 
A statement of the manner in which the person has used, sold, or dispersed any clothing or other donations have been allocated or spent, and any changes the person anticipates it may make in these process during the period covered by the renewal;
B. 
The name and telephone 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 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.
A. 
Medford 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 clothing donation 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 clothing donation 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.
B. 
An additional requirement for the granting of a permit is that the zoning code enforcement officer shall review the application to ensure it conforms to local zoning requirements and that it is in conformance with any site plan approval previously granted by the Medford Township Planning Board or Zoning Board of Adjustment, whichever land use board has jurisdiction under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
C. 
Bins are prohibited on Township of Medford property.
The following information shall be clearly and conspicuously displayed on the exterior of the clothing donation bin:
A. 
The permit number and its date of expiration stating that a copy of the permit application is on file with the Township Clerk;
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; and
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.
A. 
The Code Enforcement Office shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears 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 appropriate municipal agency 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, Medford 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 donation 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 clothing donation bin shall be:
A. 
Subject to a penalty of up to $20,000 for each violation. The Township may bring this action in the Medford Township 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 Section and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing, using or employing a clothing donation 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 to have that person's eligibility restored. The Township Committee may restore the eligibility of a person who:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that they have 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.
If any section, subsection, sentence, clause or phrase of this chapter is for any reasons held to be unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter.
All other ordinances in conflict or inconsistent with this chapter are hereby repealed, to the extent of such conflict or inconsistency. In the event of any inconsistencies between the provisions of this chapter and any prior ordinance of the Township of Medford, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the Code of the Township of Medford are hereby ratified and confirmed, except where inconsistent with the terms hereof.