[HISTORY: Adopted by the Township Committee of the Township
of Colts Neck 1-25-2017 by Ord. No. 2017-3. Amendments noted where
applicable.]
It has come to the attention of the Township of Colts Neck that
commercial enterprises are soliciting donations of clothing and other
items with the appearance that such clothing will be used for charitable
purposes. However, such commercial enterprises may thereafter be selling
such clothing or other items with little or no benefit to any charitable
organizations. It is the purpose of this chapter to prohibit commercial
enterprises from soliciting clothing or other item donations by the
furnishing of donations bins.
As used in this chapter, the following terms shall have the
meanings indicated:
Any receptacle or container made of metal, steel or other
material designed or intended for the collection and temporary storage
of donated clothing or other items.
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a donation bin, within the Township
of Colts Neck for solicitation purposes, unless:
A.
The donation bin is owned and/or operated by the Township and/or
a charitable organization registered with the Attorney General of
the State of New Jersey pursuant to P.L. 1994, c.16 (N.J.S.A. 45:17A-18
et seq.); and
B.
The registered charitable organization has obtained a permit for
a period of one (1) year issued by the Township Zoning Officer.
The annual permit fee is $100 per site for the first year and
$25 per site for each renewal year which will be used to offset the
costs involved in enforcing this chapter. Donation bin renewal applications
must be received by January 31 for each renewal year.
A.
A plan showing the location where the bin would be situated, as precisely
as possible;
B.
Charitable organization contact information including name of organization,
contact name, address, email, phone number, NJ Attorney General charitable
organization registration number as well as current charitable organization
Registration Statement filed with the Attorney General.
C.
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;
D.
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; and
E.
Written consent from the property owner to place the bin on their
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 this process
during the period covered by the renewal;
B.
Charitable organization contact information including name of organization,
contact name, address, email, phone number, NJ Attorney General charitable
organization registration number as well as current charitable organization
registration statement filed with the Attorney General;
C.
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
D.
If the location of the bins 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.
Colts Neck Township shall not grant an application for a permit
to place, use or employ a donation 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 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 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.
A.
Nonresidential commercial premises, firehouses, first-aid squads
and churches are permitted to have up to two donation bins.
B.
The bin(s) shall be appropriately located so as not to interfere
with sight triangles, on-site circulation, required setbacks, landscaping,
parking and any other requirements that may have been imposed as part
of the site plan approval for the premises and shall be placed on
a concrete surface.
C.
The bins(s) shall be of the type that are enclosed by use of a receiving
door and locked so that the contents of the bin(s) may not be accessed
by anyone other than those responsible for the retrieval of the contents.
D.
Each bin shall not cover a ground surface area in excess of five
feet by five feet, nor be more than six feet in height.
E.
Each bin must be regularly emptied of its contents so that it does
not overflow, resulting in used clothing being strewn about the surrounding
area.
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 Zoning Officer;
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 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 Officer shall receive and investigate within
30 days any complaints from the public about the bin. Whenever it
appears to the Code Enforcement 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 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, Colts Neck 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 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 clothing donation bin shall
be:
A.
Subject to a penalty of up to $2,000 for each violation.
The Township may bring this action in the Colts Neck 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:
