[HISTORY: Adopted by the Township Council of the Township
of Marlboro 5-21-2009 by Ord. No. 2009-18. Amendments noted
where applicable.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
Receptacle used to place clothing solicited for charitable
purposes under this chapter.
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.
A.Â
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.Â
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.Â
Permit application. In applying for such a permit, the applicant
shall provide:
(1)Â
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)Â
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)Â
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)Â
Written consent from the property owner to place the bin on his property.
The following information shall be clearly and conspicuously
displayed on the exterior of each charitable clothing bin:
A.Â
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.Â
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.Â
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.Â
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.Â
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.
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.
A.Â
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)Â
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)Â
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)Â
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.
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.
A.Â
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.Â
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.
A.Â
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.Â
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.
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.Â
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.Â
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:
[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.