[HISTORY: Adopted by the Township Committee of the Township
of Washington 10-12-2010 by Ord. No. 2010-7. Amendments noted where
applicable.]
For the purposes of this chapter, the following terms shall
have the meanings indicated:
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 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.
The annual permit fee is $25 per bin and will be used to offset
the costs involved in enforcing this chapter.
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.
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.
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.
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.
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.
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:
