[HISTORY: Adopted by the Township Council of the Township
of Cedar Grove 12-20-2010 by Ord. No. 10-717.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded Ord.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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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:
(1)
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.
E.
An application fee of $25 must be submitted with each permit application.
F.
The permit shall be valid for a period of one year from the date
on which the applicant receives the permit.
G.
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.
H.
If a permit is granted, the following pieces of information must
be conspicuously displayed on the exterior of the donation clothing
bin:
(1)
The permit number and expiration date;
(3)
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;
(4)
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;
(5)
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
(6)
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:
A.
The name, address and phone number of the applicant;
B.
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;
C.
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;
D.
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;
E.
The location where the bin would be placed, as precisely as possible;
F.
The length of time the applicant requests the permit be granted for;
and
G.
If the bin will be placed on private property, written consent from
the property owner.
A.
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;
B.
If the bin is on or will be moved to private property, written consent
from the property owner;
C.
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
A.
The Township Clerk's office shall receive and investigate, within
30 days, any complaints from the public concerning charitable clothing
bins.
B.
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.
C.
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:
A.
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
B.
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:
