Notwithstanding any other provision of law to the contrary,
no person or entity shall place, use or employ a clothing donation
bin, within the Township of East Hanover, for solicitation purposes,
unless he/she/it has obtained a valid permit for a period of one year
issued by the Township Zoning Officer, subject to a favorable recommendation
from the Township Engineer.
The annual permit fee is $25 per bin, with a maximum of two
bins per property, and will be used to offset the costs involved in
enforcing P.L. 2007, c.209 (N.J.S.A 40:48-2.60 et seq.). Registered
charitable organizations with their principal place of business located
within the Township of East Hanover are exempt from paying this annual
permit fee, but must still apply for and secure a permit.
A.
The owner/applicant shall be recognized as a charitable, civic, religious
or any other exempt entity, corporation, organization, or an officer
of such entity, corporation or organization on whose behalf the application
is being made. Such owner/applicant shall submit the required sufficient
documentation demonstrating the formal creation of a charitable, civic,
religious or any other exempt entity, corporation or organization.
B.
The application for obtaining a permit shall include:
(1)
The location where the bin would be situated, as precisely as possible;
and
(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; and
(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 chapter, 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;
and
(5)
A background check of the applicant and the person or entity, to
be conducted by the Zoning Officer at his or her own discretion.
C.
No bin will be authorized in any Residential Zone.
D.
Bins will be authorized in the Business Zones only (BI, B2, B2B and
HDOCI) as defined in the Township Code and are subject to annual renewal.
An expiring permit may be renewed upon application and payment
of a renewal fee of $25 per bin, with a maximum of two bins per property.
In addition to the above application requirements, renewal applications
must include:
A.
A statement of the manner in which the person or entity has used,
sold, or dispersed any clothing or other donations have been allocated
or spent, and any changes the person or entity anticipates it may
make in these processes during the period covered by the renewal;
and
B.
The name and telephone 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 entities which may do so during the period
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.
The Township of East Hanover 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 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. The person or entity that uses, places, or employs 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. Any person or entity that uses, places
or employs a donation clothing bin and permits the accumulation of
clothing or other donations outside the bin shall be subject to a
fine of $500 per bin at the discretion of the Zoning Officer.
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 Zoning Officer;
and
B.
The name and address of the registered person or entity that owns
the bin, and of any other entity which may share or profit from any
clothing or other donations collected via the bin; and
C.
The telephone number of the person or entity'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 or entity
does not constitute a bona fide office; and
D.
In cases when any entity other than the person or entity 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 or entity 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 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; and
F.
The registered person or entity who owns the bin shall report to
the Township Zoning Officer any change of entity or entities which
may share or profit from any clothing or other donations collected
via the bin no later than 30 days from the changes. Failure to provide
the Township Zoning Officer with said report within the thirty-day
period shall result in revocation of the permit.
A.
The Township Zoning Officer shall receive and investigate, within
30 days, any complaints from the public about the bin located in the
Township. Should the Zoning Officer determine that a person or entity
has engaged in, or is engaging in, any act or practice in violation
of this chapter, the person or entity who placed the bin shall be
issued a warning (to also be posted on the exterior of the bin), stating
that if the violation is not rectified or a hearing with the appropriate
municipal agency is not requested within 45 days of the issuance of
the warning, the bin will be seized or removed at the expense of the
person or entity who placed the bin, and any clothing or other donations
collected via the bin will be sold at public auction or otherwise
disposed of.
B.
In the event that the person or entity who placed the bin does not
rectify the violation or request a hearing within 45 days of the issuance
and posting of the warning, the Township of East Hanover may seize
the bin, remove it, or have it removed, at the expense of the person
or entity 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 donation 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 or entity 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 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 Township of East Hanover 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 monies 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 section and P.L. 2007,
c. 209 (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 P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.)
may apply to the Zoning Officer to have that person or entity's
eligibility restored. The Zoning Officer may restore the eligibility
of a person or entity who:
