Township of Washington, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Washington 10-12-2010 by Ord. No. 2010-7. Amendments noted where applicable.]
195a App Checklist and Process 195b Permit App

§ 195-1 Definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated:
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.

§ 195-2 Permit required for placement of bins.

Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a donation clothing bin within the Township of Washington for solicitation purposes without obtaining a permit from Municipal Clerk, which is approved by the Township Committee. Permits are renewable on an annual basis during the month of January.

§ 195-3 Permit fee.

The annual permit fee is $25 per bin and will be used to offset the costs involved in enforcing this chapter.

§ 195-4 Application requirements.

The application for obtaining a permit shall include:
A. 
The location where the bin would be situated, as precisely as possible;
B. 
The name, address and telephone number of the owner and bona fide office who owns the bin and any entity which may share or profit from any clothing or other donations collected via the bins. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office;
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 the collected donations would be allocated or spent; and
D. 
Written consent from the property owner to place the bin on this property.

§ 195-5 Renewal application requirements.

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 may be made in these processes during the period covered by the renewal;
B. 
The name, telephone number and address 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 new location where the bin is to be situated, as precisely as possible, and written consent from the property of the new location.

§ 195-6 Placement of bins.

The Township of Washington 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 not be limited to, the placement of a donation clothing 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 clothing 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.

§ 195-7 Information to be displayed on bin.

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.
B. 
The name, office address, and telephone number of the registered person or entity who owns the bin, and or any other entities 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.
C. 
A statement, consistent with the information provided to the Borough in the most recent permit or renewal application, indicating the manner in which the owner 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. 
A statement, in bold print, that all donations must be placed inside and not outside of the bin.

§ 195-8 Investigation of complaints; warning notice; failure to comply; removal by Township; expenses of removal.

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 and the property owner shall be issued a warning stating that if the violation is not rectified or a hearing with the appropriate municipal agency is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin and the property owner. Any clothing or other donations collected via the bin will be sold at public auction 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 and the property owner do not rectify the violation or request a hearing within 45 days of the posting of the warning, the Township of Washington may seize the bin, remove it, or have it removed at the expense of the person who placed the bin and the property owner 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.

§ 195-9 Additional penalties and remedies.

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 donation clothing bin shall be:
A. 
Subject to the penalty of up to $20,000 for each violation. The Township may bring this action in the Washington 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 chapter and 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 Township Committee to have that person's eligibility restored. The Township Committee 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 this chapter and 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.