[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 12-20-2010 by Ord. No. 10-717. Amendments noted where applicable.]
Editor's Note: This ordinance also superseded Ord. No. 09-700, adopted 10-19-2009.
The purpose of this chapter is to establish in accordance with N.J.S.A. 40:48-2.60 et seq. a set of criteria for granting of permits to place and to regulate charitable clothing bins within the Township of Cedar Grove ("Township").
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
- CHARITABLE CLOTHING BIN
- A container which a person, organization, or other entity intends to place on either Township of Cedar Grove or private property to collect clothing and other charitable donations and that will remain where placed for a period of time granted pursuant to the permitting procedures described below.
- SOLICITATION or SOLICIT
- The request, directly or indirectly, of 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.
Applications to obtain a permit to place, use or employ a charitable clothing bin in the Township of Cedar Grove shall be submitted to the Township Building Department.
The Township Zoning Department shall review the permit application in consultation with the Township Building Department, Fire Department, Police Department, and/or any other Township Department when necessary to determine if the application is compliant with the criteria required by this chapter.
If an application is deemed to be sufficient by the Township Zoning Officer, the Township Building Department shall contact the applicant to inform the applicant that a permit will be issued, when the permit will be issued and any other relevant information as deemed necessary by the Zoning Officer.
If an application is deemed to be insufficient or unapprovable, the Township Zoning Officer shall draft a written response detailing the inadequacies of the application and or the grounds for why the application cannot be approved. The Zoning Officer shall then contact the applicant and inform the applicant that the application has been denied and that a written explanation can be picked up at the Township Building Department:
The Township Building Department 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.
An application fee of $25 must be submitted with each permit application.
The permit shall be valid for a period of one year from the date on which the applicant receives the permit.
An expired permit may be renewed upon written request to the Township Building Department. The criteria for a renewal application is provided at § 118-5.
If a permit is granted, the following pieces of information must be conspicuously displayed on the exterior of the donation clothing bin:
The permit number and expiration date;
The name and address of the registered person that owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;
The telephone number of the person'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;
In cases when an 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 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
A statement, consistent with the information provided to the Township Building Department in the most recent permit or renewal application pursuant to § 118-4B and § 118-5C indicating the manner in which the applicant 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.
A charitable clothing bin permit application must include the following information:
The name, address and phone number of the applicant;
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;
The name and telephone number of the bona fide office required pursuant to Subsection D of this section, of any entity which may share or profit from any clothing or other donations collected via the bin;
The name of any and all person(s), and any other entity which may share or profit from any clothing or other donations collected via the bin, which maintains a bona fide office where a representative of the person or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person or other entity. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office;
The location where the bin would be placed, as precisely as possible;
The length of time the applicant requests the permit be granted for; and
If the bin will be placed on private property, written consent from the property owner.
The location where the bin is situated, as precisely as possible, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted;
If the bin is on or will be moved to private property, written consent from the property owner;
The manner in which the person 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 person anticipates it may make in these processes during the period covered by the renewal; and
The Township Clerk's office shall receive and investigate, within 30 days, any complaints from the public concerning charitable clothing bins.
Whenever it appears to the Clerk or the Clerk's designate that a person has engaged in, or is engaging in any act or practice in violation of this chapter or N.J.S.A. 40:48-2.61, the person who placed the bin 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 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.
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 appropriate municipal agency 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 absorbed by the Township Treasury.
In addition to any other penalties or remedies authorized by the Township Code or other laws of this state, any person who violates any provision of this chapter or N.J.S.A. 40:48-2.60 et seq. which results in seizure of the donation clothing bin shall be:
Subject to a penalty of up to $20,000 for each violation. The appropriate municipal agency may bring this action in the municipal court or Superior Court as a summary proceeding under the "Penalty Enforcement Law of 1999," N.J.S.A. 2A:58-10 et seq., and any penalty monies collected shall be absorbed by the Township Treasury; and
Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to N.J.S.A. 40:48-2.61 et seq. A person 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 appropriate municipal agency to have that person's eligibility restored. The appropriate municipal agency may restore the eligibility of a person who: