[Adopted 5-4-2009 by Ord. No. 18-2009; amended in its entirety 9-17-2018 by Ord. No. 16-2018]
A.
No person shall place, use or employ a donation bin for solicitation
purposes within the Township of Livingston unless all of the following
requirements are met:
(1)
The person shall apply for a permit from the Zoning Official, which
application shall include, along with the required fee set forth in
this article:
(a)
The location where the bin would be situated as precisely as
possible which shall:
(b)
The manner in which the person, entity or organization anticipates
any donations collected via the bin would be used, sold or disbursed
and the method by which the proceeds collected would be allocated
or spent.
(c)
The name and telephone number of the bona fide office of any
entity which may share, or profit from any donations collected via
the bin.
(d)
Written consent of the property owner to place the bin on his
property.
(e)
A description of the item or items to be collected, which shall
not be perishable, hazardous or otherwise adversely impact the public
health, safety or welfare.
(f)
A picture, specifications and measurements of the proposed bin
which shall not exceed a footprint of 30 square feet nor a height
of six feet and which shall be constructed of metal and not be in
a rusted or deteriorated condition.
(2)
All persons who have obtained a permit pursuant to Subsection A(1) above and wish to renew said permit shall submit, along with the required fee set forth in this article, an application for renewal prior to the expiration of the permit, which such renewal application shall include the following information:
(a)
The location where the bin is currently situated and, if the
person intends to move it, the new location where the bin would be
situated and a written consent of the property owner to place the
bin on his property.
(b)
The manner in which the person has used, sold or disbursed any
donations via the bin and 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.
(c)
The name and telephone number of the bona fide office of any
entity which shared or profited from any donations collected via the
bin, and of any entities which may do so during the period covered
by the renewal.
B.
Notwithstanding the provisions of Subsection A above, no donation bin shall be placed, used or employed in a place that could be considered a safety hazard, which includes, but is not limited to within 100 yards of any place which stores large amounts of or sells fuel or other flammable liquids or gases.
B.
The fee for a renewal of the permit, which must be submitted with the application under § 217-35, shall be $25.
C.
The fee for a replacement sticker which is the permit for the donation
bin is $25.
D.
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.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation bin:
A.
The permit number and the date of expiration of that permit;
B.
The name and address of the registered person who owns the bin, and
any other entity which may share or profit from any clothing or donations;
C.
The telephone number of the person's bona fide office and the
telephone number of the bona fide office of any other entity which
may share in the profit from any donations collected via the bin;
D.
In cases where the entity other than the person who owns the bin
may share or profit from any donations collected via the bin, then
notice shall also state that donations collected via the bin, proceeds
or both, may be shared, or given directly to, an entity other than
the person who owns the bin, which such entity shall be identified;
and
E.
A statement indicating the manner in which the person, entity or
organization anticipates any donations collected via the bin would
be used, sold or disbursed and the method by which the proceeds collected
would be allocated or spent.
A.
The Zoning Officer (or his designee), upon receipt of any complaint
concerning the donation donation bin, shall perform an investigation
within 14 days of receipt of the complaint.
B.
Any person who places a bin in violation of this article or N.J.S.A.
40:48-2.61 shall be given a warning stating that if the violation
is not rectified or a hearing with the Zoning Official is not requested
within 45 days, then the bin will be seized and removed at the expense
of the person who placed the bin, and any donations collected via
the bin shall be sold at public auction. This notice shall be placed
on the donation bin and forwarded to the last known address of the
person who placed the bin at the location according to the Township's
records.
C.
If the person who placed the bin does not rectify the violation or
request a hearing within 45 days of the posting of the warning, then
the Township shall remove the bin or have it removed at the expense
of the person who placed the bin and sell at public auction or otherwise
dispose of the donations. All 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 the remedies set forth in § 217-38 above, any person who violates this article or N.J.S.A. 40:48-2.60 et seq., and as amended and or supplemented, which results in the seizure of the donation bin shall be subject to the following:
A.
A penalty up to $2,000 for each violation. The Township shall bring
this action in Municipal Court or Superior Court in a summary proceeding
under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A.
2A:58-10 et seq.). Penalty monies collected shall be paid to the Chief
Financial Officer of the Township.
B.
Deemed ineligible to place, use or employ a donation bin for solicitation
purposes. A person who is deemed ineligible may apply to the Zoning
Official to have that person's eligibility restored. The Zoning
Official may restore the eligibility of a person who:
