Township of Mansfield, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted 11-9-2011 by Ord. No. 2011-12}
As used in this article, the following terms shall have the meanings indicated:
CLOTHING DONATION BIN
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.
SOLICIT or SOLICITATION
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:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that it has made a good faith effort to comply with the provisions of this article and N.J.S.A. 40:48-2.60 et seq., and all other applicable laws and regulations, or had no fraudulent intentions.