Township of Montville, NJ
Morris County
[HISTORY: Adopted by the Township Committee of the Township of Montville 12-9-2008 by Ord. No. 2008-44. Amendments noted where applicable.]
GENERAL REFERENCES

Dumpsters — See Ch. 149.

Fee schedule — See Ch. 169.

Peddling and soliciting — See Ch. 281.

§ 125-1
Permit required. 

§ 125-2
Permit application requirements; issuance of permit; fee. 

§ 125-3
Permit renewal. 

§ 125-4
Display of information on bin. 

§ 125-5
Complaints; removal of unlawful bins. 

§ 125-6
Violations and penalties; ineligibility to place clothing bins. 

§ 125-1 Permit required.

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;

Editor's Note: See N.J.S.A. 45:17A-18 et seq.
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 Committee.

§ 125-2 Permit application requirements; issuance of permit; fee.

A. 

An application for a permit shall include the following information:

(1) 

The location where the bin would be situated, as precisely as possible;

(2) 

The manner in which the charitable organization 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;

(3) 

The name and telephone number of the bona fide office of the applicant and of any entity which may share or profit from any clothing or other donations collected via the bin;

(4) 

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 scheduled date of pickup;

(5) 

Written consent from the property owner, or the owner's authorized representative, to place the bin on his/her property; and

(6) 

Proof of registration with the Attorney General as a charitable organization.

B. 

The Committee 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 are not limited to, the placement of a donation clothing bin in parking spaces, in any area that interferes with pedestrian or vehicular traffic, or any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.

C. 

The fee for such application for the permit shall be as provided for in Chapter 169, Fee Schedule.

§ 125-3 Permit renewal.

An expiring permit for a donation clothing bin may be renewed by a charitable organization on an annual basis upon payment of the fee as provided for in Chapter 169, Fee Schedule. The application shall include the following information:

A. 

The location where the bin is situated, as precisely as possible, and, if 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 charitable registration with the Attorney General as a charitable organization.

§ 125-4 Display of information on bin.

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.

§ 125-5 Complaints; removal of unlawful bins.

A. 

The Township Committee shall receive and investigate, within 30 days, any complaints from the public about a clothing bin.

B. 

Whenever it appears to the Township Committee that a person or entity has engaged in, or is engaging in, any act or practice in violation of this chapter, the entity who placed the bin shall be issued a warning, stating that if the violation is not rectified or if a hearing before the Township Committee is not requested within 45 days, the clothing bin will be seized or removed at the expense of the entity 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 or entity who placed the bin, such warning shall be affixed to the exterior of the bin itself. In the event that the entity who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Township Committee may order the bin seized, remove it, or have it removed at the expense of the entity who placed the bin, and sell it 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.

§ 125-6 Violations and penalties; ineligibility to place clothing bins.

In addition to any other penalties or remedies authorized by law, any person or entity who 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.

Editor's Note: See N.J.S.A. 2A:58-10 et seq.
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. 40:48-2.60 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 Committee to have eligibility restored. The Township Committee may restore the eligibility of an entity who acts within the public interest and demonstrates that they have 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.