[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 3-17-2009 by Ord. No.
2009:08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Distribution of handbills — See Ch. 195.
Site plans — See Ch. 225.
Peddling and soliciting — See Ch. 296.
Zoning — See Ch. 430.
[1]
Editor's Note: The provisions of this ordinance
were originally adopted as Ch. 129 but were renumbered in order to
maintain the alphabetical sequence of the Code.
For the purposes of this chapter only, the term
"solicitation" or "solicit" shall mean 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.
Notwithstanding any other provision of law to
the contrary, no person shall place, use, or employ a charitable clothing
bin within the Township of Parsippany-Troy Hills for solicitation
purposes, without obtaining a permit from the Zoning Officer. Permits
shall be valid for one year, except for initial permits issued after
January 1, and may be annually renewed thereafter. All permits shall
expire on December 31 of each year. The provisions of this chapter
shall apply to all charitable clothing bins in place as of the effective
date of this chapter, and to all charitable clothing bins placed subsequent
to the effective date of this chapter.
The annual permit fee shall be $25 per bin and
will be used to offset the costs involved in enforcing this chapter.
The fee will not be prorated for initial permits issued after January
1.
The application for obtaining a permit shall
include:
A.
The location where the bin will be situated, as precisely
as possible, drawn on a copy of the property survey, showing the bin's
relationship to property features, including but not limited to roads,
building, parking spaces, and grassy areas;
B.
The manner in which the person anticipates any clothing
or other donations collected via the bin will be used, sold, or disbursed,
and the method by which the proceeds of collected donations will be
allocated or spent;
C.
The name, telephone number and address of the bona
fide office where a representative of the person or entity, respectively,
which may share or profit from any clothing or other donations collected
via the bin, can be reached at a telephone information line during
normal business hours (NOTE: An answering machine or service unrelated
to the person or entity does not constitute a bona fide office.);
and
D.
Written consent from the property owner to place the
bin on his/her property.
In addition to the above application requirements,
renewal applications must include:
A.
A statement on the manner in which the person or entity
has used, sold, or disbursed 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 person or entity
anticipates to make in these processes during the period covered by
the renewal;
B.
The name, address and telephone number of the bona fide office required in § 121-4C 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 owner of the new location, consenting
to placement of the bin on his/her property.
The Township shall not grant an application
for a permit to place, use, or employ a charitable 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 charitable 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 charitable 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.
The following information shall be clearly and
conspicuously displayed on the exterior of the charitable clothing
bin:
A.
The permit number and its date of expiration;
B.
The name and address of the registered person or entity
who owns the bin, and of any other person or entity who may share
or profit from any clothing or other donations collected via the bin;
C.
The telephone number of the owner'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 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;
D.
In cases when any entity other than the person or
entity who owns the bin may share or profit from any clothing or other
donations collected via the bin, a notice, written in a clear and
easily understandable manner, indicating that clothing or other donations
collected via the bin, their proceeds, or both, may be shared, or
given entirely to, an entity other than the person/entity who owns
the bin, and identifying all such entities which may share or profit
from such donations; and
E.
A statement, consistent with the information provided
to the Township 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 will be used, sold, or disbursed,
and the method by which the proceeds of collected donations will be
allocated or spent.
A.
The Zoning Officer or the Zoning Officer's designee
shall receive and investigate, within 30 days, any complaints from
the public about the bin. Whenever it appears to the Zoning Officer
or the Zoning Officer's designee that a person has engaged in, or
is engaging in any act or practice in violation of this chapter, the
person/entity who placed the bin shall be issued a violation notice,
stating that if the violation is not rectified or a hearing with the
Township Council is not requested within 45 days, the bin will be
seized or removed at the expense of the person/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/entity who placed the bin,
such violation notice shall be affixed to the exterior of the bin
itself.
B.
In the event that the person who placed the bin does
not rectify the violation or request a hearing within 45 days of the
posting of the violation notice, the Township may seize the bin, remove
it, or have it removed, at the expense of the person/entity who placed
the bin, 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 transmitted to the
chief financial officer of the Township.
In addition to any other penalties or remedies
authorized by the Township Code or the laws of this state, any person/entity
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 charitable clothing bin, shall be:
A.
Subject to a penalty of up to $20,000 for each violation.
The Township may bring this action in the 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 charitable
clothing bin for solicitation purposes pursuant to this chapter and
P.L.2007, c.209 (N.J.S.A. § 40:48-2.60). A person/entity
disqualified from placing, using, or employing a charitable 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 Council to have that person's eligibility
restored. The Township Council may restore the eligibility of a person/entity
who:
In addition to the requirements of this chapter,
no charitable clothing bin shall be placed on commercial property
without prior application to the Township Planning Board and the grant
by the Planning Board of site plan approval.
