[HISTORY: Adopted by the Common Council of the City of Linwood 1-25-2012 by Ord. No.
1-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Canvassing and soliciting — See Ch. 111.
[1]
Editor's Note: This ordinance stated that it would apply
to all clothing donation bins in place on its effective date as well
as to those placed subsequent to its effective date.
For the purposes of this chapter only, 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.
A.
Whereas, pursuant to N.J.S.A. 40:48-2.60 et seq., entities utilizing
clothing bins for the receipt of donations are required to obtain
a permit from the municipality permitting such use, notwithstanding
any other provision of law to the contrary, no person shall place,
use, or employ a donation clothing bin within the City of Linwood
for solicitation purposes without obtaining a permit from the Zoning
Officer, that is approved by City Council.
B.
Permits are renewable on an annual basis during the month of January.
A.
The application fee, which must be submitted with the application,
shall be $25.
B.
The fee for annual renewal of the permit shall be $25 per bin and
will be used to offset the costs involved in enforcing this chapter.
C.
All permits and renewals obtained shall be in effect for one year
and shall expire on December 31 of the year of the permit and renewals.
D.
The Zoning Officer shall not be authorized to issue more than five
total clothing donation bin permits within the City, and no more than
two at any given site.
A.
The application for obtaining a permit shall include:
(1)
The location where the bin would be situated, as precisely as possible;
(2)
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;
(3)
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
(4)
Written consent from the property owner to place the bin on his or
her property.
B.
The owner/applicant shall be recognized as a charitable nonprofit
501(c)(3) corporation, organization, or an officer of such corporation
or organization on whose behalf the application is being made. Such
applicant shall submit the required sufficient documentation demonstrating
the formal creation and recognition by the Internal Revenue Service
of the establishment and present status of the charitable corporation
or organization.
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 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 of the new location, and approval by the Zoning
Officer.
A.
The City of Linwood 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.
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.
D.
No donation clothing bin shall be placed on any municipally owned
property.
E.
No bin will be authorized in any residential zone.
F.
Bins will be authorized in Business Zones only and are subject to
annual renewal.
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/or
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 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 City
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 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 City of Linwood 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 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 City of Linwood 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 City.
A.
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.), shall be subject to the following penalties, and may be
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. 40:48-2.60 et seq.):
B.
Any penalty monies collected shall be paid to the Chief Financial
Officer of the City.
C.
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 City Council to have that person's
eligibility restored. City Council may restore the eligibility of
a person who:
