[HISTORY: Adopted by the Mayor and Council of the Borough
of Kinnelon 5-21-2009 by Ord. No. 5-09.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peddlers and solicitors — See Ch. 151.
The purpose of this chapter shall be to provide rules, regulations
and standards for the placement and use of donation clothing bins
in the Borough of Kinnelon in order to promote the public health,
safety, convenience and welfare of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
A receptacle or container made of metal, steel or other material
designed or intended for the collection and temporary storage of donated
clothing or other items.
The request, indirectly or directly, 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 some 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, for
solicitation purposes, unless:
The annual permit fee (new or renewal permit) is $25 per bin.
The application for a permit shall include:
A.
The precise location where the bin would be situated;
B.
The manner in which the applicant anticipates any clothing or other
donations collected via the bin would be used, sold or disbursed,
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 or entity does not constitute a
bona fide office; and
D.
Written consent from the property owner to place the bin on its property.
Renewal applications shall include all application requirements stated at § 111-5 above, plus the following:
A.
A statement as to the manner in which the renewal applicant has used,
sold, or disbursed 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 renewal applicant anticipates
it may make as to these procedures 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, the precise new location
where the bin is to be situated along with written consent from the
property owner of the new location.
A.
The Borough of Kinnelon 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
include, but are not limited to, the placement of a clothing donation
bin within 100 yards of any place which stores or sells large amounts
of fuel or other inflammable liquids or gases; or the placement of
a bin where it interferes with vehicular or pedestrian circulation.
B.
The person who uses, places or employs 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.
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, along with a statement
that a copy of the permit application is on file with the Borough
Clerk;
C.
The telephone number of the owner's bona fide office, and, if
applicable, the telephone number of any other entity which shared
or profited 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 Borough Zoning Officer shall receive complaints from the public
regarding any donation clothing bin located in the Borough. The Borough
Zoning Officer shall investigate said complaints within 30 days of
receipt. Should the Zoning Officer determine that a person or entity
has engaged in, or is engaging in any act or practice which violates
this chapter, the person or entity that placed the bin shall be issued
a warning (to also be posted on the exterior of the bin) which states
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 shall be seized or removed at the expense of
the person or entity which placed the bin, and any clothing or other
donations collected via the bin will be sold at public auction or
otherwise disposed of.
B.
Should the person or entity which placed the bin not rectify the
violation or request a hearing within 45 days of the issuance and
posting of the order, the Borough 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 donations collected via the bin shall be paid to the Chief
Financial Officer of the Borough.
In addition to any other penalties or remedies authorized by the laws of the State of New Jersey, 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 per § 111-9B herein, shall be:
A.
Subject to a penalty of up to $20,000 for each violation. The Borough
may bring this action in the Borough Municipal Court or Superior Court
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 Borough;
and
B.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to section 2 of 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
P.L. 2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the Borough
Clerk to have that person's eligibility restored. The Borough
may restore the eligibility of a person who:
