Notwithstanding any other provision to the contrary, no person
shall place, use or employ a donation clothing bin, for solicitation
purposes, unless the following requirements are met:
A. The donation clothing bin is owned by a charitable organization
registered with the Attorney General of the State of New Jersey pursuant
to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.) or any person; and
B. The registered charitable organization or the person has
obtained a zoning permit valid for a period of one year, from the
Zoning Officer in accordance with this chapter.
The following information shall be clearly and conspicuously
written in either paint or permanent marker on the exterior of the
donation clothing bin:
A. The name and address of the registered charitable organization
or person that owns the bin, and of any other entity which may share
or profit from any clothing or other donations collected via the bin;
B. The telephone number of the 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. The telephone number of
an answering machine or service unrelated to the charitable organization
does not satisfy this requirement; and
C. The charitable organization's registration number,
permit number and its date of expiration.
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, indicating the manner in which the charitable
organization or 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.
The Zoning Officer shall receive and investigate, within 45
days, any complaints from the public about the bin.
A. Whenever it appears to the Zoning Officer that an organization
or a person has engaged in or is engaging in any act or practice in
violation of this ordinance, the organization or person who placed
the bin shall be issued a warning, stating that if the violation is
not rectified or an appeal taken within 15 days, then the bin, any
clothing or other donations collected via the bin will be sold at
public auction. In addition to any other means used to notify the
person or organization who placed the bin, a warning shall be affixed
to the exterior of the bin itself.
B. In the event that the person or organization who placed
the bin does not rectify the violation or request a hearing within
15 days of the posting of the warning, the Borough may seize the bin,
remove it or have it removed, at the expense of the person or organization
who placed the bin, and sell it 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 Borough.
C. In addition to any other penalties or remedies under
this ordinance, any person or organization who violates any provision
which results in the seizure of the donation clothing bin shall be
subject to a penalty of up to $500 for each violation.