[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[Former Chapter 26, Criminal Registration, was repealed 4-15-1975 by Ord.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:
CHARITABLE DONATION BIN
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.
SOLICIT or SOLICITATION
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:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that they have made a good faith effort to comply with the provisions of this chapter and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), and all other application laws and regulations, or had no fraudulent intentions.