[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 8-21-2006 by Ord. No. 2006-13. Amendments noted
where applicable.]
The purpose of this chapter is to provide a
uniform set of procedures for administering the placement and maintenance
of clothing bins within the Township of Lumberton, as well as providing
for a uniform set of procedures for administering the issuance and
revocation of all permits issued by the Zoning Officer of the Township
of Lumberton for the placement of clothing bins.
It shall be unlawful for any person, firm, corporation,
club or charitable organization, institution or association to place
and/or maintain any bin, dumpster or other depository to collect clothing
for the needy or for any other group of people on any public or private
property, including any public sidewalk street or alley or any private
parking lot or walkway or at any other location in the Township without
first submitting an application and obtaining a permit from the Zoning
Officer.
A.
Application for a permit to place and/or maintain
a clothing bin, dumpster or depository shall be made in writing to
the Zoning Officer prior to placing the clothing bin, dumpster or
depository. The application shall contain the following information:
(1)
Name and address of person, firm, corporation, club
or charitable organization, institution or association placing and/or
maintaining such clothing bin, dumpster or depository.
(2)
Name and address of the owner of the premises on which
the clothing bin, dumpster or depository is to be located and the
written consent of the owner if applicant is other than the owner.
(3)
A sketch plat showing the exact location which the
clothing bin, dumpster or depository will be located.
(4)
A description including dimensions of the proposed
clothing bin, dumpster or depository.
(5)
The manner in which the applicant anticipated any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of the collected donations would
be allocated or spent.
[Added 7-25-2019 by Ord.
No. 2019-04]
B.
There shall be an annual $25 fee for each permit.
[Amended 7-25-2019 by Ord. No. 2019-04]
C.
Any permit issued pursuant to the section shall remain valid for
one year from the date of issuance. After the permit has expired,
a permittee must either reapply for an annual renewal or remove the
donation bin.
[Amended 7-25-2019 by Ord. No. 2019-04]
The permit authorized hereunder shall be prominently
displayed upon the clothing bin, depository or dumpster at all times.
A.
The location of the bin, depository or dumpster shall
be subject to the approval of the Zoning Officer.
B.
Each clothing bin, dumpster or depository shall be
accessory to an existing nonresidential use.
C.
No clothing bins, dumpster or depository shall be
placed so as to create a danger or hazard to any pedestrian or vehicular
traffic.
D.
Each clothing bin, dumpster, depository shall be appropriately
located so as to not interfere with sight triangles, on-site circulation,
required setbacks, landscaping and parking.
E.
Each clothing bin, dumpster, depository and the surrounding
area shall be maintained in a neat, clean and orderly condition, and
shall be regularly emptied by the licensee. Failure to maintain the
clothing bin, dumpster or depository and surrounding area in neat,
clean and orderly condition shall be cause for revocation of the license
granted hereunder.
F.
Each property is permitted to have a maximum of four
clothing bins, dumpsters or depositories, or any combination thereof
so long as the total aggregate number of bins, dumpsters or depositories
located on any one property does not at any time exceed four in number.
[Amended 7-25-2019 by Ord. No. 2019-04]
A.
This chapter
shall be enforced by the Zoning Officer. All licensed clothing bins,
dumpsters and depositories shall be subject to inspection by the Zoning
Officer or any other duly authorized representative of the Township
of Lumberton.
B.
The Zoning Officer shall receive and investigate, within 30 days,
any complaints from the public about the bin. Whenever it appears
to the Zoning Officer that a person has engaged in, or is engaging
in, any act or practice in violation of N.J.S.A. 40:48-2.61 et seq.,
the person who placed the bin shall be issued a warning, stating that
if the violation is not rectified or if 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.
C.
In the event that the person who 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 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 municipality.
[Amended 7-25-2019 by Ord. No. 2019-04]
A.
In addition to any other penalties or remedies authorized by the
laws of this state, any person who violates any provision 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 shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The appropriate
municipal agency may bring this action in the 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
municipality; and
(2)
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
appropriate municipal agency to have that person's eligibility
restored. The appropriate municipal agency may restore the eligibility
of a person who:
