Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 5-4-2009 by Ord. No. 18-2009; amended in its entirety 9-17-2018 by Ord. No. 16-2018]
A. 
No person shall place, use or employ a donation bin for solicitation purposes within the Township of Livingston unless all of the following requirements are met:
(1) 
The person shall apply for a permit from the Zoning Official, which application shall include, along with the required fee set forth in this article:
(a) 
The location where the bin would be situated as precisely as possible which shall:
[1] 
Not be permitted on residential property,
[2] 
Include a drawing or sketch of the property and proposed location, which shall not impact vehicular traffic or otherwise create a hazardous condition, as determined by the Zoning Official.
(b) 
The manner in which the person, entity or organization anticipates any donations collected via the bin would be used, sold or disbursed and the method by which the proceeds collected would be allocated or spent.
(c) 
The name and telephone number of the bona fide office of any entity which may share, or profit from any donations collected via the bin.
(d) 
Written consent of the property owner to place the bin on his property.
(e) 
A description of the item or items to be collected, which shall not be perishable, hazardous or otherwise adversely impact the public health, safety or welfare.
(f) 
A picture, specifications and measurements of the proposed bin which shall not exceed a footprint of 30 square feet nor a height of six feet and which shall be constructed of metal and not be in a rusted or deteriorated condition.
(2) 
All persons who have obtained a permit pursuant to Subsection A(1) above and wish to renew said permit shall submit, along with the required fee set forth in this article, an application for renewal prior to the expiration of the permit, which such renewal application shall include the following information:
(a) 
The location where the bin is currently situated and, if the person intends to move it, the new location where the bin would be situated and a written consent of the property owner to place the bin on his property.
(b) 
The manner in which the person has used, sold or disbursed any donations via the bin and the method by which the proceeds of collected donations have been allocated or spent, and any changes the person 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 any entity which shared or profited from any donations collected via the bin, and of any entities which may do so during the period covered by the renewal.
B. 
Notwithstanding the provisions of Subsection A above, no donation bin shall be placed, used or employed in a place that could be considered a safety hazard, which includes, but is not limited to within 100 yards of any place which stores large amounts of or sells fuel or other flammable liquids or gases.
A. 
The application fee, which must be submitted with the application under § 217-35, shall be $25.
B. 
The fee for a renewal of the permit, which must be submitted with the application under § 217-35, shall be $25.
C. 
The fee for a replacement sticker which is the permit for the donation bin is $25.
D. 
All permits and renewals obtained shall be in effect for one year and shall expire on December 31 of the year of the permit and renewals.
The following information shall be clearly and conspicuously displayed on the exterior of the donation bin:
A. 
The permit number and the date of expiration of that permit;
B. 
The name and address of the registered person who owns the bin, and any other entity which may share or profit from any clothing or donations;
C. 
The telephone number of the person's bona fide office and the telephone number of the bona fide office of any other entity which may share in the profit from any donations collected via the bin;
D. 
In cases where the entity other than the person who owns the bin may share or profit from any donations collected via the bin, then notice shall also state that donations collected via the bin, proceeds or both, may be shared, or given directly to, an entity other than the person who owns the bin, which such entity shall be identified; and
E. 
A statement indicating the manner in which the person, entity or organization anticipates any donations collected via the bin would be used, sold or disbursed and the method by which the proceeds collected would be allocated or spent.
A. 
The Zoning Officer (or his designee), upon receipt of any complaint concerning the donation donation bin, shall perform an investigation within 14 days of receipt of the complaint.
B. 
Any person who places a bin in violation of this article or N.J.S.A. 40:48-2.61 shall be given a warning stating that if the violation is not rectified or a hearing with the Zoning Official is not requested within 45 days, then the bin will be seized and removed at the expense of the person who placed the bin, and any donations collected via the bin shall be sold at public auction. This notice shall be placed on the donation bin and forwarded to the last known address of the person who placed the bin at the location according to the Township's records.
C. 
If the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, then the Township shall remove the bin or have it removed at the expense of the person who placed the bin and sell at public auction or otherwise dispose of the donations. All proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the Township.
In addition to the remedies set forth in § 217-38 above, any person who violates this article or N.J.S.A. 40:48-2.60 et seq., and as amended and or supplemented, which results in the seizure of the donation bin shall be subject to the following:
A. 
A penalty up to $2,000 for each violation. The Township shall bring this action in Municipal Court or Superior Court in a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). Penalty monies collected shall be paid to the Chief Financial Officer of the Township.
B. 
Deemed ineligible to place, use or employ a donation bin for solicitation purposes. A person who is deemed ineligible may apply to the Zoning Official to have that person's eligibility restored. The Zoning Official may restore the eligibility of a person who:
(1) 
Acted within the public interest; and
(2) 
Demonstrates that he has made a good faith effort to comply with the provisions of N.J.S.A. 40:48-2.60 et seq. and this article and had no fraudulent intentions.