Township of Winslow, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Winslow 4-28-09 as Ord. No. O-2009-009. Amendments noted where applicable.]
CLOTHING/DONATION BIN
any enclosed receptacle or container made of metal, steel or any other material, or similar pattern and design, which are intended for the donation and/or the temporary storage of clothing or other materials.
SOLICITATION/SOLICIT
shall mean for purposes of this chapter, 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.
Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a donation clothing bin within the Township of Winslow, for solicitation purposes, without obtaining a permit from the Municipal Clerk, which is approved by the Township Committee. Permits shall be renewable on an annual basis during the month of January.
Nothing herein shall eliminate any requirements to obtain any approval or permit as may be otherwise required by law including, but not limited to, land use approval, zoning permits or building permits, as the case may be.
The annual permit fee is twenty-five dollars ($25.) per bin and will be used to offset the costs involved in enforcing this chapter.
The application for obtaining a permit shall include:
A. 
The location where the bin will be situated, as precisely as possible;
B. 
The manner in which the applicant anticipates any clothing or other donations collected via the bin will be used, sold, or dispersed, and the method by which the proceeds of collected donations will be allocated or spent;
C. 
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
D. 
Written consent from the property owner to place the bin on his/her property.
In addition to the above application requirements, renewal applications must include:
A. 
A statement of 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 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, a precise description of 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.
[Amended 10-25-11 by Ord. No. O-2011-028]
No application for a permit to place, use, or employ a donation clothing bin shall be granted if it is determined 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 one hundred (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. Any 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. No donation clothing bin shall be permitted to be placed or operated on vacant and/or otherwise undeveloped property.
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 of 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 township 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 will be used, sold, or dispersed, and the method by which the proceeds of collected donations will be allocated or spent.
[Amended 10-25-11 by Ord. No. O-2011-028]
A. 
The Construction Code Official, or his/her authorized designee, shall receive and investigate, within thirty (30) days, any complaints from the public about the bin. Whenever it appears to the Construction Code Official, or his/her authorized designee, 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 shall be issued a written warning, stating that if the violation is not rectified or a hearing before the Township Committee is not requested within forty-five (45) days, the bin will be seized or removed at the expense of the person who placed 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 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 donation clothing bin does not rectify the violation or request a hearing within forty-five (45) days of the posting of the warning, the township may take the following action:
(1) 
The bin may be seized or removed, at the expense of the person who placed the bin, and the township shall be permitted to sell at public auction or otherwise dispose of the bin or any of its contents; and
(2) 
The permit issued to the person who placed the bin in accordance with the provisions of this section, may be revoked.
C. 
Any proceeds from the sale of the bin or any of its contents seized in accordance with Section 108-8B 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 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 donation clothing bin shall be:
A. 
Subject to a penalty of up to twenty thousand dollars ($20,000.) for each violation. The township may bring this action in the Winslow Township 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 chapter and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of this chapter or P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the Township Committee to have that person's eligibility restored. The Township Committee may restore the eligibility of a person who:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that he/she made a good faith effort to comply with the provisions of this chapter and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), and all other applicable laws and regulations, or had no fraudulent intentions.