City of Clifton, NJ
Passaic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 6-1-2004 by Ord. No. 6418-04; amended in its entirety 3-3-2009 by Ord. No. 6799-09. Subsequent amendments noted where applicable.]

§ 205-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CLOTHING/MATERIAL DONATION BIN
Any enclosed receptacle or container made of metal, steel or similar product which is designed or intended for the donation and temporary storage of clothing or other material.
DRIVEWAY
That surface, whether or not improved, over and by which ingress and egress are made into private or public property by vehicles.
SIDEWALK
Any portion of a street or highway between the curbline or the lateral line of a shoulder or, if none, the lateral line of the roadway and the adjacent property line intended for the use of pedestrians.
STREET
Any vehicular way that is: (1) an existing state, county or municipal roadway; (2) shown upon a plat approved pursuant to law; (3) approved by other official action; (4) shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; (5) shown on the official map or adopted matter plan. It includes the land between the street lines, whether improved or unimproved.

§ 205-2 Permit required.

It shall be unlawful for any person to place, use or employ a clothing/material donation bin within the City of Clifton without first obtaining a permit from the City Clerk as hereinafter provided. The applicant shall comply in all respects with the requirements of N.J.S.A. 40:48-2.61 as may be amended from time to time.

§ 205-3 Application for permit; renewal.

A. 
Any person or entity desiring a permit under this chapter shall file with the City Clerk an original and one copy of an application, under oath, in writing, on a form furnished by the City Clerk.
B. 
The application shall include:
(1) 
The location where the bin would be situated; as precisely as possible;
(2) 
The manner in which the person or entity anticipates any clothing or other donations collected via the bin will be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated. or spent;
(3) 
The name, address, and telephone number of the bona fide office of any individual or entity who or which may share or profit from any clothing or other donations collected via the bin;
(4) 
Written consent of the property owner to place the bin on the owner's property;
(5) 
Whether the applicant is an individual, a partnership, a corporation, limited-liability company or other entity and, if another entity, a full explanation and description thereof;
(6) 
If the applicant is an individual, the applicant's full name and residence address;
(7) 
If the applicant is a partnership, the full name and residence address of each partner;
(8) 
If the applicant is a corporation, the full name and residence address of each corporate officer and major stockholder (the term "major stockholder" as used herein shall mean and include any person or entity owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the corporate applicant), the name and address of the registered agent and the address of the principal corporate office;
(9) 
If the applicant is a limited-liability company, the full name and residence address of each managing member and member of the company, the name and address of the registered agent and the address of the principal office of the company;
(10) 
Whether the applicant, any of its partners, officers, major stockholders, managing members and/or members have ever been arrested or convicted of a crime and, if so, the name of the individual arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof;
(11) 
In instances where the clothing/material donation bin will be placed on a property that has been subject to site plan approval at the Planning Board or Zoning Board of Adjustment, an applicant must first obtain and attach to the application a copy of the approval of the Planning Board of the City of Clifton.
(12) 
Information as may be required by N.J.S.A. 40:48-2.61 and any amendments thereto.
C. 
All permits must be renewed on an annual basis upon the filing of an application of renewal submitted to the City Clerk in accordance with § 205-3B of this chapter.

§ 205-4 Location and placement.

A. 
No clothing/material donation bin shall be placed, used or employed in such a manner in which it projects onto or over any part of any public roadway of any public street or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street.
B. 
No clothing/material donation bin shall be placed, used or employed in such a manner in which it rests in whole or in part upon any portion of a public right-of-way or which projects onto or over any part of a public right-of-way.
C. 
No clothing/material donation bin shall be placed, used or employed in such a manner in which it:
(1) 
Endangers the safety of persons or property or otherwise may constitute a safety hazard, including, but not limited to, the placement of any clothing/material bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases;
(2) 
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle, vehicular traffic flow or maneuvering;
(3) 
Unreasonably interferes with the ingress or egress from any residence or place of business;
(4) 
Unreasonably interferes with passengers boarding or exiting from buses at designated bus stops;
(5) 
Unreasonably interferes with the use of traffic signals, traffic or street signs, fire hydrants or mailboxes permitted at or near said location.
(6) 
Reduces the number of parking spaces.
D. 
No clothing/material donation bin shall be placed, used or employed in such a manner in which it is located:
(1) 
Within 25 feet of any crosswalk.
(2) 
Within 25 feet of a fire hydrant.
(3) 
Within 25 feet of any fire lane, fire call box, police call box or other emergency facility.
(4) 
Within 25 feet of any driveway.
(5) 
Within a required buffer area.
E. 
No clothing/material donation bin shall be placed, used or employed on a residential property.

§ 205-5 Display information.

The following information must be clearly and conspicuously displayed on the exterior of the clothing/material donation bin:
A. 
The name and address of the registered person who owns the bin, and any other entity which may share in the profit from any clothing or other donations collected via the bin;
B. 
The telephone number of the person's or entity'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;
C. 
In cases when an entity or other 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 or entity who or which owns the bin, and identifying all such entities which may share or profit from donations; and
D. 
A statement consistent with the information provided to the City Clerk in the most recent permit or renewal application, indicating the manner in which the person or entity 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.

§ 205-6 Duty of municipality to investigate complaints relating to clothing donation bins; violations; removal of bins.

A. 
The appropriate municipal agency shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the appropriate municipal agency that a person or entity has engaged in or is engaging in any act or practice in violation of N.J.S.A. 40:48-2.61, the person or entity who or which 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 or entity who or which placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the appropriate municipal agency may seize the bin, remove it, or have it removed, at the expense of the person or entity who or which 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 City's chief financial officer.

§ 205-7 Violations and penalties.

A. 
Any person, partnership, corporation or limited-liability company violating any of the provisions of N.J.S.A. 40:48-2.60 et seq., as may be amended from time to time, which results in seizure of the clothing/material donation bin shall be:
(1) 
Subject to a penalty of up to $20,000 for each violation. The appropriate municipal agency may bring such action in the municipal court or Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the City's chief financial officer; and
(2) 
Deemed ineligible to place, use, or employ a clothing/material donation bin pursuant to N.J.S.A. 40:48-2.61. A person or entity disqualified from placing, using, or employing a clothing/material donation bin by violating the provisions of N.J.S.A. 40:48-2.60 et seq. may apply to the City Clerk to have that person's or entity's eligibility restored. The City Clerk may restore the eligibility of a person or entity who or which:
(a) 
Acts within the public interest; and
(b) 
Demonstrates that they have made a good faith effort to comply with the provisions of N.J.S.A. 40:48-2.60 et seq. and all other applicable laws and regulations, or had no fraudulent intentions.
B. 
Any person, partnership, corporation or limited-liability company violating any provision of § 205-4 of this chapter shall, upon conviction, be punished by one or more of the following:
(1) 
A fine not exceeding $1,250.
(2) 
Confinement in the municipal jail or in the county jail for a period not exceeding 90 days.
(3) 
A period of community service not exceeding 90 days.
C. 
The minimum penalty or fine for the violation of any provision of this chapter shall be $100.
D. 
Each violation of any of the provisions of this chapter and each day same is violated shall be deemed and taken to be a separate and distinct offense.