Township of Old Bridge, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Old Bridge 3-15-2010 by Ord. No. 2010-11.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 265.
Property maintenance — See Ch. 366.
[1]
Editor's Note: This ordinance was originally adopted as Chapter 541 of the Code but was renumbered to maintain the organizational structure of the Code.

§ 99-1 Definitions.

For the purpose of this chapter only:
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, carts, 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.

§ 99-2 Permit required.

Notwithstanding any other provisions of law to the contrary, no person shall place, use, or employ a donation clothing bin within the Township of Old Bridge for solicitation purposes without obtaining a permit from the Recycling Coordinator. Permits are renewable on an annual basis during the month of January.

§ 99-3 Permit fee.

The annual nonrefundable permit fee is $25 per bin and will be used to offset the costs involved in enforcing this chapter. All permits shall run from the date issued to the last day of January, next. No application fee shall be prorated. Permits are renewable on an annual basis during the month of January.

§ 99-4 Application requirements.

The application for obtaining a permit shall include:
A. 
A site plan drawn to scale showing the location where the bin would be situated, as precisely as possible, including the distance to the nearest structure(s). The site plan shall also demonstrate that the bin will not eliminate any parking spaces or restrict or create a hazard for vehicles or pedestrians.
B. 
The name, address, phone number and e-mail address of the registered person who owns the bin and of any other entity which may share profit from any clothing or other donations collected via the bin.
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 collected donations would be allocated or spent.
D. 
The name and telephone number of the bona fide office of any person or entity which may share or profit from any clothing or other donations collected via the bin, at which such person can be reached during normal business hours. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office.
E. 
Name, address, emergency phone number, e-mail address and written consent from the property owner to place the bin on his property and written acknowledgment of his responsibility for any littering violations on his property pursuant to Chapter 265, Littering, and/or Chapter 366, Property Maintenance, of the Code of the Township of Old Bridge, relative to unlawful dumping of items outside any charity clothing bin(s) located on his property. The consent of the property owner must include a grant of access to the Township for the enforcement of the requirements contained in this chapter.
F. 
The schedule of pickups removing articles from the bins shall be not less 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.
G. 
Permit applicant must provide a list of all fuel or other flammable liquids or gases that are stored on the site where the bin is proposed to be located.
H. 
Permit applicants must provide a copy of their documentation which demonstrates they are a registered charitable organization of the State of New Jersey registered with the Division of Consumer Affairs. No for-profit clothing bins shall be permitted to be located on public or private property within the Township of Old Bridge.
I. 
Any other information required under N.J.S.A. 40:48-2.61 as amended from time to time.

§ 99-5 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 it may make in the process during the period covered by the renewal;
B. 
The name and telephone number of the bona fide office of any entity which shared or profitted 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, described as precisely as possible, and written consent from the property owner of the new location.

§ 99-6 Placement of bins.

A. 
Old Bridge Township 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, other donations or other items outside the bin.
B. 
No permit shall be granted if the Zoning Officer determines that the placement of the bin is either in the front yard setback or could constitute a safety hazard.

§ 99-7 Display of permit.

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 and address of the registered person who owns the bin and of any other entity which 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 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 the 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 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 would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.

§ 99-8 Receipt and investigation of complaints.

A. 
The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public or Township employees about the bin. Whenever it appears to the Zoning 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/or the property owner shall be issued a warning, stating that if the violation is not rectified or a hearing with the Recycling Coordinator is not requested within 45 days, the bin will be seized or removed at the expense of the person 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 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 does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Township of Old Bridge may seize the bin, remove it, or have it removed, at the expense of the person 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 paid to the Chief Financial Officer of the Township.

§ 99-9 Violations and penalties.

Any person, firm or corporation violating any provision of this chapter shall be subject to the penalties set forth in Chapter 1, Article II, Penalty.

§ 99-10 Additional penalties, 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. 48-2.60, et seq.) which results in seizure of the donation clothing bin shall be:
A. 
Subject to a penalty of up to $20,000 for each violation. The Township may bring this action to the Township of Old Bridge 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 or organization 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 Council to have that person's eligibility restored. The Township Council 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.