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September 28, 2011

Re:      CORRECTION: Charitable Clothing Donation Bins

Dear Mayor:

Yesterday, the League sent out a communication regarding the ability of municipalities to regulation clothing donation bins.  It contained a few errors, which we would like to correct now.

Yesterday’s letter indicated that only local law enforcement could enforce the provisions of the law.  In fact, the statute makes reference to “the appropriate municipal authority.”  While in some cases that could be local law enforcement, this is not required.  Many smaller municipalities utilize the State Police as their local law enforcement agency.  In these cases, the Zoning Offer, or another municipal officer, could investigate and enforce provisions of the statute.

Further, the original law required that the donation bin be placed only by a charity registered with the State.  In fact, the law was recently amended to allow any organization to place a donation bin, charitable or not.

There have also been questions regarding what may be done with the donations contained in a seized bin.  These may be sold at auction with the proceeds deposited in the municipal general fund; however, it is also acceptable for a municipality to donate the items to charity or to otherwise dispose of them.

The rest of the information contained in the letter detailing what must be placed on the application and the bin is accurate, as well as the fees for permits.

We apologize for any confusion this may have caused.  Once again, if you have any questions or require further information, please contact League Staff Attorney Matthew Weng at 609-695-3481 ext. 137 or at mweng@njslom.com.

Very truly yours,

 

William G. Dressel, Jr.
Executive Director

 

 

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