Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro 5-21-2009 by Ord. No. 2009-18. Amendments noted where applicable.]

§ 120-1 Purpose.

The purpose of this chapter is to set forth the rules and regulations governing the use and placement of charitable clothing bins for solicitation throughout the Township of Marlboro.

§ 120-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BIN or CHARITABLE CLOTHING BIN
Receptacle used to place clothing solicited for charitable purposes under this chapter.
SOLICITATION or SOLICIT
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.

§ 120-3 Placement and use of charitable clothing bins for solicitation purposes.

A. 
Permit required. Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a charitable clothing bin for solicitation purposes unless a permit, valid for a specified time, has been obtained from the Marlboro Township Police Traffic Safety Bureau.
B. 
Refusal of permit. The Marlboro Township Police Traffic Safety Bureau shall not grant an application for a permit to place, use, or employ a charitable clothing bin if it determines that the placement of such bin may constitute a hazard to the public safety and welfare. Such hazards shall include, but not be limited to, the placement of a charitable clothing bin within 100 yards of any place which stores or sells large amounts of fuel or other flammable liquids or gases.
C. 
Permit application. In applying for such a permit, the applicant shall provide:
(1) 
A description of the proposed location, as precise as may be practicable, of each charitable clothing bin, and each bin location shall be the subject of a separate application;
(2) 
The manner in which the applicant anticipates any clothing or other donations collected by 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, street address (no post office box numbers) and telephone number of the bona fide office of the applicant or any entity which may share or profit from any clothing or other donations collected by the bin which may be contacted during normal business hours concerning the applicant or entity; and
(4) 
Written consent from the property owner to place the bin on his property.

§ 120-4 Display.

The following information shall be clearly and conspicuously displayed on the exterior of each charitable clothing bin:
A. 
The name and street address (no post office box numbers) of the permittee and of any other entity which may share or profit from any clothing or other donations collected by the bin;
B. 
The telephone number at the permittee'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 by the bin;
C. 
In cases where an entity other than the permittee owns the bin and may share or profit from any clothing or other donations collected by the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected by the bin, their proceeds, or both, may be shared or given entirely to an entity other than the permittee that owns the bin, and identifying all such entities which may share or profit from such donations; and
D. 
A statement, consistent with the information provided to the Marlboro Township Police Traffic Safety Bureau in the most recent permit or renewal application indicating the manner in which the permittee anticipates any clothing or other donations collected by the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.
E. 
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the charitable clothing bin, in addition to the other information required pursuant to this section.

§ 120-5 Fees.

A nonrefundable fee of $25 shall be charged per each application for a permit under this chapter to offset the costs involved in enforcing the provisions of N.J.S.A. 40:48-2.60 et seq.

§ 120-6 Renewal permit.

A. 
An expiring permit for a charitable clothing bin may be renewed upon application for renewal and payment of any fee imposed by the Marlboro Township Police Traffic Safety Bureau for such renewal. However, no more than $25 shall be charged for a permit regarding the same bin. Such renewal application shall include:
(1) 
A description, as precise as may be practicable, of the proposed location of the charitable clothing bin, or, if the renewal applicant intends to move such bin, the new location where the bin shall be situated after the renewal is granted, together with written consent from the property owner to place the bin on his property during the renewal period.
(2) 
The manner in which the renewal applicant has used, sold, or dispersed any clothing or other donations collected by the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the renewal applicant anticipates that it shall make in these processes during the period covered by the renewal.
(3) 
The name, street address (no post office box numbers) and telephone number of the renewal applicant's bona-fide office or of any entity which shared or profited from any clothing or other donations collected by the bin, and of any entities which may do so during the period covered by the renewal.
B. 
All renewal permittees shall abide by the provisions pursuant to § 120-4 hereinabove.

§ 120-7 Offices of applicant; related entities.

The applicant and any other entity which may share or profit from any clothing or other donations collected by the bin shall maintain a bona-fide office where a representative of the applicant or other entity, respectively, may be contacted during normal business hours for the purpose of offering information concerning the applicant or other entity. For the purposes of this section, an answering machine or service unrelated to the applicant does not constitute a bona-fide office.

§ 120-8 Maintenance.

A. 
The applicant and any other entity which may share or profit from any clothing or other donations collected by a bin shall maintain the bin and area surrounding the bin so that such area remains clean, neat and free of debris, garbage, clothing and other items.
B. 
Any person found guilty of violating any provision of this section shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the municipal court. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

§ 120-9 Receipt; investigation of complaints.

A. 
Any complaints received regarding any charitable clothing bin shall be reviewed and investigated by the Marlboro Township Police Traffic Safety Bureau within 30 days of receipt. Whenever it appears to the Marlboro Township Police Traffic Safety Bureau that a person has engaged in, or is engaging in, any act or practice in violation of N.J.S.A. 40:48-2.61, the permittee shall be issued a warning, stating that if the violation is not rectified or a hearing with the Marlboro Township Police Traffic Safety Bureau is not requested within 45 days, such charitable clothing bin shall be seized or removed at the expense of the permittee, and any clothing or other donations collected by the bin will be sold at public auction or otherwise disposed of in accordance with law. In addition to any other means used to notify the permittee who placed the bin, such warning shall be affixed to the exterior of the bin itself.
B. 
In the event that the permittee does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Marlboro Township Police Traffic Safety Bureau may seize said bin, remove it, or have it removed, at the expense of the permittee, and may sell at public auction or otherwise dispose of any clothing or other donations collected by such bin. Any proceeds from the sale of the donations collected by the bin shall be paid to Marlboro Township's Chief Financial Officer.

§ 120-10 Additional penalties; remedies.

In addition to any other penalties or remedies authorized by this chapter and the laws of this state, any person who violates any provision of this chapter which results in seizure of the charitable clothing bin shall be:
A. 
Subject to a penalty of up to $20,000 for each such violation. The Marlboro Township Police Traffic Safety Bureau may bring this action in the municipal court or Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., and any penalty monies collected shall be paid to the Marlboro Township Chief Financial Officer; and
B. 
Deemed ineligible to place, use, or employ a charitable clothing bin for solicitation purposes set forth herein. An applicant disqualified from placing, using, or employing a charitable clothing bin may apply to the Marlboro Township Police Traffic Safety Bureau to have that applicant's eligibility restored. The Marlboro Township Police Traffic Safety Bureau may restore the eligibility of an applicant who:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that he made a good faith effort to comply with the provisions of this chapter and all other applicable laws and regulations, or has no fraudulent intentions.

§ 120-11 Reporting to Township Recycling Coordinator.

[Added 3-2-2017 by Ord. No. 2017-5]
The permittee, within 30 days of the end of each year, shall file an annual report with the Recycling Coordinator, which shall be signed by an officer of the company, indicating the total quantity of recyclable material collected over the preceding year for each bin location.