[HISTORY: Adopted by the Township Council of the Township
of Medford 5-6-2014 by Ord. No. 2014-6. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any receptacle or container made of metal, steel or any other
material designed or intended for the collection and temporary storage
of donated clothing or other materials.
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a clothing donation bin, within
the Township of Medford, for solicitation purposes, unless:
A.
They
have obtained a permit for a period of one year issued by the Township
Clerk.
The annual permit fee per bin is as set forth in Chapter 71 of the Code of the Township of Medford 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, located within Medford Township, are exempt from paying this annual permit fee, but must still apply for and secure a permit.
The application for obtaining a permit shall include:
A.
The
location where the bin would be situated, as precisely as possible;
B.
The
manner in which the person 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;
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 chapter, an answering
machine or service unrelated to the person does not constitute a bona
fide office;
D.
Written
consent from the property owner to place the bin on their property;
and
An expiring permit may be renewed upon application and payment of a renewal fee per bin as set forth in Chapter 71 of the Code of the Township of Medford. In addition to the above application requirements, renewal applications must include:
A.
A
statement of the manner in which the person has used, sold, or dispersed
any clothing or other donations have been allocated or spent, and
any changes the person anticipates it may make in these process during
the period covered by the renewal;
B.
The
name and telephone 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 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.
Medford
Township 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
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.
B.
An
additional requirement for the granting of a permit is that the zoning
code enforcement officer shall review the application to ensure it
conforms to local zoning requirements and that it is in conformance
with any site plan approval previously granted by the Medford Township
Planning Board or Zoning Board of Adjustment, whichever land use board
has jurisdiction under the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
C.
Bins
are prohibited on Township of Medford property.
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 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; and
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.
A.
The
Code Enforcement Office shall receive and investigate, within 30 days,
any complaints from the public about the bin. Whenever it appears
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 warning, stating that if the violation is not rectified
or a hearing with the appropriate municipal agency is not requested
within 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 bin does not rectify the
violation or request a hearing within 45 days of the posting of the
warning, Medford Township may seize the bin, remove it, or have it
removed, at the expense of the person 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 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 Medford 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 Section and P.L. 2007, c. 209 (N.J.S.A.
40:48-2.61). A person 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 Township Committee
to have that person's eligibility restored. The Township Committee
may restore the eligibility of a person who:
If any section, subsection, sentence, clause or phrase of this
chapter is for any reasons held to be unconstitutional, invalid or
unenforceable by a court of competent jurisdiction, such decision
shall not affect the remaining portions of this chapter.
All other ordinances in conflict or inconsistent with this chapter
are hereby repealed, to the extent of such conflict or inconsistency.
In the event of any inconsistencies between the provisions of this
chapter and any prior ordinance of the Township of Medford, the provisions
hereof shall be determined to govern. All other parts, portions and
provisions of the Code of the Township of Medford are hereby ratified
and confirmed, except where inconsistent with the terms hereof.
This chapter shall take effect upon final passage and publication
as required by law.
