[HISTORY: Adopted by the Mayor and Council of the Borough
of Paulsboro 10-9-2023 by Ord. No. 12.23. Amendments noted where applicable.]
[1]
[Former Chapter 26, Criminal Registration, was repealed 4-15-1975 by Ord. No.
575]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a charitable donation bin within
the Borough for solicitation purposes unless all of the requirements
contained within are met:
A.
The clothing donation bin is owned or sponsored by
a charitable organization registered pursuant to P.L. 1994, c. 16
(N.J.S.A. 45:17A-18 et seq.).
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 indicate:
(a)
The location where the bin is currently situated
or proposed to be situated; and
(b)
The manner 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; and
(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;
and
(d)
Written consent from the property owner to place
the bin on its property.
(2)
The Zoning Officer shall not grant a permit to place,
use, or employ a clothing donation bin if it determines that the placement
of the bin could constitute a safety hazard. The Zoning Office shall
consult with the Police Department regarding any potential safety
hazards. Such hazards shall include, but not be limited to, the placement
of a clothing donation bin within 100 yards of any place which stores
large amounts of, or sells, fuel or other flammable liquids or gases.
(3)
No clothing donations bins shall be placed on Borough-owned
property.
(4)
No clothing donation bins shall be placed within 100
yards of school-owned property (district-, regional-, or privately
owned schools).
(5)
No clothing bins shall be placed anywhere that is
determined to be a safety hazard by the Police Department, including
but not limited to road easements and traffic entrance or entrance
sight lines.
(6)
Clothing bins must be constructed of noncombustible
material.
(7)
The Zoning Officer shall impose a fee for such application,
in the amount of $25 annually for each bin, to offset the costs involved
in enforcing this chapter.
(8)
An expiring permit for a clothing donation bin may
be renewed upon application for renewal and payment of the applicable
annual fee. 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; and
(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 it may make in the processes during the period covered
by the renewal; and
(c)
The name and telephone number of the bona fide
office of the 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.
(9)
The permit number and its date of expiration shall
be clearly and conspicuously displayed on the exterior of the clothing
donation bin in addition to the information required pursuant to this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any receptacle or container made of metal, steel, or any
other material designed or intended for the collection and temporary
storage of donated clothing, shoes, household goods or other materials.
Pursuant to N.J.S.A. 40:48-2.60, means the request, directly
or indirectly, for money, credit, property, financial assistance,
or other thing of any kind of value. Solicitations shall include but
not be limited to, the use of canisters, cards, receptacles or similar
devices for the collection of money or other things of values. 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 clothing donation bin, within
the Borough of Paulsboro, for solicitation purposes, unless:
A.
They have obtained a permit for a period of one year
issued by the Zoning Officer.
B.
Pay the requisite fee for the bin.
C.
Empty the clothing bin as needed and keep the area
around the bin clear of decarded clothing, donations and debris.
D.
Keep the bin in good repair through the year permitted.
E.
Appropriately label the bin as stated within.
F.
Have written permission of the authorized representative
of the property on which the bin is to placed.
G.
Under no circumstances will a plywood bin or combustible
material bin be permitted and will be removed by the Borough.
The annual permit fee is $25 per bin and will be used to offset
the costs involved in enforcing P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.). Registered charitable organizations located within Paulsboro
Borough are exempt from paying this annual permit fee but must still
apply for and secure a permit.
The application for obtaining a permit shall include:
A.
The location where the bin would be situated, as precisely
as possible (with a drawing);
B.
The manner in which the 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;
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 does
not constitute a bona fide office; and
D.
Written consent from the property owner to place the
bin on their property.
An expiring permit may be renewed upon application and payment
of a renewal fee of $25 per bin. In addition to the above application
requirements, renewal applications must include:
A.
A statement of the manner in which the person has used,
sold, or dispersed any clothing or other donations have been allocated
or spent, and any changes the person anticipate it may make in these
processes during the period covered by the renewal;
B.
The name and telephone 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 by the renewal; and
C.
If the location of the bin is to be moved, the new
location where the bin is to be situated, as precisely as possible
and written consent from the property owner of the new location.
Paulsboro Borough 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 shall include, but not be limited to, the placement of a clothing
donation bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases; or the placement
of a bin where it interferes with vehicular or pedestrian circulation.
The person placing, using or employing a clothing donation 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 clothing donation bin:
A.
The permit number and its date of expiration stating
that a copy of the permit application is on file with the Borough
Clerk;
B.
The name and address of the registered person who owns
the bin, and of any other entity which may share or profit from any
clothing or other donations collected via the bin; and
C.
The telephone number of the owner'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. For the purposes of this
subsection, an answering machine or service unrelated to the person
does not constitute a bona fide office.
A.
The Code Enforcement Office shall receive and investigate,
within 30 days, any complaints from the public about the bin. Whenever
it appears that a person has engaged in, or is engaging in any act
or practice in violation of this chapter, the person who 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 who placed the bin does
not rectify the violation or request a hearing within 45 days of the
posting of the warning, Paulsboro 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 donation 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 this state, 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 clothing donation bin shall
be:
A.
Subject to a penalty of up to $250 for each violation.
The Borough may bring this action in the Paulsboro Borough Municipal
Court or the Superior Court of New Jersey 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 this section and
P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from
placing, using, or employing a clothing donation 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 Council to have that person's eligibility
restored. The Borough Committee may restore the eligibility of a person
who:
