Township of Jackson, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Jackson 4-28-2009 by Ord. No. 08-09 (Ch. 46A of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Junk and junk dealers — See Ch. 239.
Peddling and soliciting — See Ch. 310.
Secondhand dealers — See Ch. 338.
For the purposes of this chapter, only the following terms shall have the meanings indicated:
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, 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 Jackson for solicitation purposes without obtaining a permit from the Zoning Officer, the form of which shall be approved by the Township Administrator. 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.
[Added 3-8-2011 by Ord. No. 12-11]
A. 
Any person or organization applying for a renewal after January 31 shall be assessed an additional late fee of $10 for each charitable bin permit.
B. 
Any person or organization applying for a renewal after February 28 shall be assessed an additional late fee of $15 for each charitable bin permit.
C. 
Failure to obtain a renewal permit on or before March 31 shall constitute a violation of this chapter and subject the violator to penalties in accordance with § 148-10.
The application for obtaining a permit shall include:
A. 
The location where the bin would be situated, as precisely as possible;
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 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; and
D. 
Written consent from the property owner to place the bin on his or her 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 it may make in these processes during the period covered by the renewal;
B. 
The name and telephone number 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 owner of the new location.
A. 
Jackson 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 or sells large amounts of fuel or other flammable liquids or gases; or the placement of a bin where it interferes with vehicular or pedestrian circulation.
B. 
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 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 in which 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 clothing or other donations collected via the bin, their proceeds, or both, may be shared with 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.
A. 
The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public 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 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.
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, Jackson Township 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.
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 a penalty of up to $20,000 for each violation. The Township may bring this action in the Jackson 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 moneys 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 governing body to have that person's eligibility restored. The governing body may restore the eligibility of a person who:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that he or she 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.