[Adopted 11-9-2011 by Ord. No. 2011-12}
As used in this article, the following terms shall have the
meanings indicated:
Any receptacle or container made of metal, steel, or other
material designed or intended for the collection and temporary storage
of donated clothing or other materials.
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.
Permit required. No person or entity shall place, use, or employ
a clothing donation bin within the Township of Mansfield for solicitation
purposes unless the organization placing, using or employing the clothing
donation bin has obtained a permit for a period of one year issued
by the Township Clerk.
B.
Annual permit fee. The annual permit fee $25 per bin and will be
used to offset the costs involved in enforcing this article.
C.
Application requirements. 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 or entity 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;
(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 or entity can be reached
during normal business hours. For the purposes of this article, an
answering machine or service unrelated to the person or entity does
not constitute a bona fide office; and
(4)
Written consent from the property owner to place the bin on its property.
In addition to the initial application requirements, renewal
applications must include:
A.
A statement on the manner in which the applicant 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 applicant anticipates it may
make in this process during the period covered by the renewal;
B.
The name and telephone number of the bona fide office of any person
or entity which shared or profited from any clothing or other donations
collected via the bin, and of any persons or 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.
Mansfield Township shall not grant an application for a permit to
place, use, or employ a clothing donation 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 clothing
donation 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 or entity placing, using or employing a clothing donation
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 clothing donation bin:
A.
The permit number and its date of expiration, stating that a copy
of the permit application is on file with the Township Clerk;
B.
The name and address of the person or entity placing, using or employing
the bin, and of any other person or entity which may share or profit
from any clothing or other donations collected via the bin; and
C.
The telephone number of the bona fide office of the person or entity
placing, using or employing the bin, and, if applicable, the telephone
number of the bona fide office of any other person or 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 or entity does not constitute a
bona fide office.
A.
The Zoning Officer shall receive and investigate, within 30 days,
any complaints from the public about a clothing donation bin. Whenever
it appears to the Zoning Officer that a person or entity has engaged
or is engaging in any act or practice in violation of this article,
the person or entity placing, using or employing the bin shall be
issued a warning, stating that if the violation is not rectified,
or a hearing with the Township Committee is not requested, within
45 days, the bin will be seized or removed at the expense of the person
or entity placing, using or employing 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 or entity placing, using or employing the bin, such warning
shall be affixed to the exterior of the bin itself.
B.
In the event that the person or entity placing, using or employing
the bin does not rectify the violation or request a hearing within
45 days of the posting of the warning, Mansfield Township may seize
the bin, remove it, or have it removed, at the expense of the person
or entity placing, using or employing 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,
to be used for general municipal purposes.
C.
In the event that the person or entity placing, using or employing
the bin requests a hearing, the Township Committee shall hold such
hearing within 30 days of the request. If the violation is found to
be substantiated, the Township Committee may order that the clothing
donation bin be seized or removed, at the expense of the person or
entity placing, using or employing 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,
to be used for general municipal purposes.
In addition to any other penalties or remedies authorized by
this article or the laws of this state, any person or entity who violates
any provision of this article or the provisions of N.J.S.A. 40:48-2.60
et seq., which results in seizure of the clothing donation bin, shall
be:
A.
Subject to a penalty of up to $20,000 for each violation. The Township
may bring this action in the Mansfield Township Municipal Court or
the Superior Court of New Jersey 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 paid to the Chief Financial Officer
of the Township, to be used for general municipal purposes; and
B.
Deemed ineligible to place, use, or employ a clothing donation bin
for solicitation purposes pursuant to this article and N.J.S.A. 40:48-2.61.
A person or entity disqualified from placing, using, or employing
a clothing donation bin by violating the provisions of this article
or N.J.S.A. 40:48-2.60 et seq. may apply to the Township Committee
to have that person's or entity's eligibility restored.
The Township Committee may restore the eligibility of a person or
entity who:
