[HISTORY: Adopted by the Township Committee
of the Township of Montville 12-9-2008 by Ord. No. 2008-44. Amendments noted
where applicable.]
Notwithstanding any other provision to the contrary,
no person shall place, use or employ a donation clothing bin, for
solicitation purposes, unless all of the following requirements are
met:
A.
An application for a permit shall include the following
information:
(1)
The location where the bin would be situated, as precisely
as possible;
(2)
The manner in which the charitable organization 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;
(3)
The name and telephone number of the bona fide office
of the applicant and of any entity which may share or profit from
any clothing or other donations collected via the bin;
(4)
The schedule of pickups removing the articles from
the bins, which can be no less often than once per week, and the name
and telephone number of the person to be notified if the bin is overflowing
prior to the scheduled date of pickup;
(5)
Written consent from the property owner, or the owner's
authorized representative, to place the bin on his/her property; and
(6)
Proof of registration with the Attorney General as
a charitable organization.
B.
The Committee 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 are not limited to, the placement of a
donation clothing bin in parking spaces, in any area that interferes
with pedestrian or vehicular traffic, or any place which stores large
amounts of, or sells, fuel or other flammable liquids or gases.
An expiring permit for a donation clothing bin may be renewed by a charitable organization on an annual basis upon payment of the fee as provided for in Chapter 169, Fee Schedule. The application shall include the following information:
A.
The location where the bin is situated, as precisely
as possible, and, if applicant intends to move it, the new location
where the bin would be situated after the renewal is granted;
B.
The manner in which the entity has used, sold or dispersed
any clothing or other donations collected via the bin, the method
by which the proceeds of collected donations have been allocated or
spent, and any changes the entity 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 the applicant and 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;
D.
The schedule of pickups removing the articles from
the bins, which can be no less often than once per week, and the name
and telephone number of the person to be notified if the bin is overflowing
prior to the date of pickup;
E.
Written consent from the property owner, or the owner's
authorized representative, to place the bin on his/her property; and
F.
Proof of charitable registration with the Attorney
General as a charitable organization.
The following information shall be clearly and
conspicuously displayed on the exterior of the donation clothing bin:
A.
The Township Committee shall receive and investigate,
within 30 days, any complaints from the public about a clothing bin.
B.
Whenever it appears to the Township Committee that
a person or entity has engaged in, or is engaging in, any act or practice
in violation of this chapter, the entity who placed the bin shall
be issued a warning, stating that if the violation is not rectified
or if a hearing before the Township Committee is not requested within
45 days, the clothing bin will be seized or removed at the expense
of the entity who placed the bin, and any clothing 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
or entity who placed the bin, such warning shall be affixed to the
exterior of the bin itself. In the event that the entity who placed
the bin does not rectify the violation or request a hearing within
45 days of the posting of the warning, the Township Committee may
order the bin seized, remove it, or have it removed at the expense
of the entity who placed the bin, and sell it 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.
In addition to any other penalties or remedies
authorized by law, any person or entity who violates any provision
of this chapter shall be subject to a penalty of up to $20,000 for
each violation pursuant to N.J.S.A. 40:48-2.60 et seq. The Township
may bring this action in the Municipal Court or the Superior Court
as a summary proceeding under the Penalty Enforcement Law of 1999.[1] Any penalty moneys collected therefrom shall be paid to
the Chief Financial Officer of the Township. An entity violating this
chapter shall be deemed ineligible to place, use, or employ a donation
clothing bin for solicitation purposes pursuant to N.J.S.A. 40:48-2.60
et seq. An entity disqualified from placing, using, or employing a
donation clothing bin by violating the provisions of N.J.S.A. 40:48-2.60
et seq. may apply to the Township Committee to have eligibility restored.
The Township Committee may restore the eligibility of an entity who
acts within the public interest and demonstrates that they have made
a good faith effort to comply with the provisions of N.J.S.A. 40:48-2.60
et seq. and all other applicable laws and regulations and has no fraudulent
intentions.
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.
