The purpose of this chapter shall be to provide rules, regulations
and standards for the placement and use of donation clothing bins
in the Borough of Kinnelon in order to promote the public health,
safety, convenience and welfare of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
DONATION CLOTHING BIN
A 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.
SOLICITATION
The request, indirectly or directly, 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 some 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, for
solicitation purposes, unless:
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 (N.J.S.A. 45:17A-8 et seq.); and
B. The registered charitable organization has obtained a permit for
a period of one year issued by the Borough Clerk; or
C. The donation
clothing bin is owned by a for-profit entity that is in contract to
pay a fee to the Borough.
[Added 5-19-2011 by Ord. No. 4-11]
The annual permit fee (new or renewal permit) is $25 per bin.
The application for a permit shall include:
A. The precise location where the bin would be situated;
B. The manner in which the applicant anticipates any clothing or other
donations collected via the bin would be used, sold or disbursed,
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 or entity does not constitute a
bona fide office; and
D. Written consent from the property owner to place the bin on its property.
Renewal applications shall include all application requirements stated at §
111-5 above, plus the following:
A. A statement as to the manner in which the renewal applicant has used,
sold, or disbursed 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 renewal applicant anticipates
it may make as to these procedures 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 precise new location
where the bin is to be situated along with written consent from the
property owner of the new location.
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, along with a statement
that a copy of the permit application is on file with the Borough
Clerk;
B. The name and address of:
(1) The registered person who owns the bin; and
(2) 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 any other entity which shared
or profited 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. A statement which includes all information stated herein at §
111-5B (for new permits) and §
111-6A (for renewal permits).
In addition to any other penalties or remedies authorized by the laws of the State of New Jersey, 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 per §
111-9B herein, shall be:
A. Subject to a penalty of up to $20,000 for each violation. The Borough
may bring this action in the Borough Municipal Court or Superior Court
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 Borough;
and
B. Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to section 2 of 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 Borough
Clerk to have that person's eligibility restored. The Borough
may restore the eligibility of a person who:
(1) Acts within the public interest; and
(2) Demonstrates that he made a good faith effort to comply with the
provisions of 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.