[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 12-18-2012 by Ord. No. 12-15R. Amendments noted where applicable.]
A. 
Issues concerning of clothing donation bins in the Borough, including the location of such bins, have become a matter of public concern since they affect the health and safety of Borough residents.
B. 
Residents making donations utilizing said bins are entitled to information regarding the entities receiving said donations.
C. 
Pursuant to N.J.S.A. 40:48-2.60 et seq., entities utilizing said bins for the receipt of clothing donations are required to obtain permits from the Borough to allow such use.
D. 
For the purposes of this chapter, clothing donation bins ("bins") are defined as large, enclosed receptacles or containers;
(1) 
Made of metal, steel or a similar product;
(2) 
Placed in outdoor public locations;
(3) 
For people to drop off used clothing for charitable purposes; and
(4) 
For the temporary storage of such clothing.
No person shall place, use, or employ a bin within the Borough for solicitation purposes unless all of the following requirements are met:
A. 
The bin is owned or sponsored by a charitable organization registered pursuant to N.J.S.A. 45:17A-18 et seq. or is sponsored by an agency of the Borough;
B. 
The registered charitable organization has obtained a permit, valid for a twelve-month period, from the Borough's Zoning Officer in accordance with the following:
(1) 
In its application for such a permit, the registered charitable organization shall provide:
(a) 
The location where the bin is currently situated and/or proposed to be situated;
(b) 
The way in which the charitable organization 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 the charitable organization and any entity which may share or profit from any clothing or other donations collected via the bin;
(d) 
Written consent from the property owner to place the bin on its/his/her property; and
(e) 
All requirements for renewal under Subsection B(4) hereafter.
(2) 
The Zoning Officer shall not grant a permit to place, use, employ or continue to place, use or employ a bin if the Zoning Officer 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 bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.
(3) 
The Zoning Officer shall impose a fee for such application, in the annual amount of $25 for each bin to offset the costs involved in enforcing this chapter.
(4) 
A permit for a bin may be renewed upon application for renewal and payment of the applicable annual fee at least 30 days prior to its expiration. Such application for renewal shall include information detailing:
(a) 
The location where the bin is situated, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted and written consent from the property owner to place the bin on its property;
(b) 
The manner in which the charitable organization has used, sold, or dispersed any clothing or other donations collected via the bin; the method by which the proceeds of collected donations have been allocated or spent; and any changes the charitable organization anticipates making in the processes during the period covered by the renewal; and
(c) 
The name and telephone number of the bona fide office of the charitable organization and 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.
(5) 
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the bin.
C. 
The registered charity, and any other entity which may share or profit from any clothing or other donations collected via the bin must maintain a bona fide office where a representative of the charitable organization or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the charitable organization or other entity. For purposes of this subsection, an answering service unrelated to the charitable organization shall not constitute a bona fide office.
D. 
The following information shall be clearly and conspicuously displayed on the exterior of the bin, in addition to that required by § 146-2B(5):
(1) 
The name and address of the registered charitable organization that owns or is the sponsor of the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;
(2) 
The registered charitable organization's charitable registration number;
(3) 
The telephone number of the registered charitable organization'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.
(4) 
In cases when any entity other than the entity which 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 entity which owns the bin, and identifying all such entities which may share or profit from such donations; and
(5) 
A statement, consistent with the information provided to the Borough in the most recent permit or renewal application indicating the manner in which the entity anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds would be allocated or spent.
It shall be the duty of each registered charitable organization issued a permit hereunder to properly maintain and service any bin placed within the Borough so as to prevent such clothing bin from creating any nuisance, hazardous or unsafe condition.
The Zoning Officer shall, upon receipt of a complaint by a local resident or any other person that a bin is causing a nuisance, hazardous or unsafe condition, investigate such complaint and take such enforcement action as is permitted pursuant to N.J.S.A. 40:48-2.62 and N.J.S.A. 40:48-2.63. The Zoning Officer shall not be authorized to issue more than five total bin permits within the Borough, and no more than two at any given site.
A. 
Any person who violates any provision of this chapter and fails to cure such violation within 48 hours of notice of such violation shall be subject to the following penalties, in addition to those penalties and remedies set forth in N.J.S.A. 40:48-2.62 and 40:48-2.63:
(1) 
For the first offense: $100 per day.
(2) 
For the second offense: $250 per day.
(3) 
For the third offense: mandatory revocation of the permit, which shall mean the person in violation shall be ineligible to place, use, or employ a bin for solicitation purposes.
B. 
Such a person may apply to the Zoning Officer to have his/her eligibility restored. To be entitled to such restoration, the person must act within the public interest and demonstrate that he/she has made a good faith effort to comply with N.J.S.A. 40:48-2.60 et seq.
The owner of any bin sponsored by any agency of the Borough shall comply with the licensure requirements hereof, but shall specifically be exempt from the fee requirement hereof.