[HISTORY: Adopted by the Mayor and Council
of the Borough of Fort Lee 12-18-2008 by Ord. No. 2008-49. 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 Borough of Fort Lee ("Borough") as well
as providing for a uniform set of procedures for administering the
issuance and revocation of all permits issued by the Borough for the
placement of clothing bins.
As used in this chapter, the following terms
shall have the meanings indicated:
Any enclosed receptacle, container or other depository made
of metal, steel or a similar product and designed or intended for
the donation and the temporary storage of clothing or other materials.
A request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind of value. Solicitation
shall include but not be limited to the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. 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 bin,
for solicitation purposes, within the Borough without first obtaining
a permit, valid for a period of one year, from the Borough Clerk as
hereinafter provided.
A.
Application for a permit to place and/or maintain
a clothing bin shall be made in writing to the Borough Clerk prior
to placing and/or maintaining the clothing bin.
B.
The application shall contain the following information:
(1)
The name, address and telephone number of the person,
firm, corporation, club or charitable organization, institution or
association placing and/or maintaining such clothing bin;
(2)
The name and address of the owner of the premises
on which the clothing bin is to be located and the written consent
of the owner if the applicant is other than the owner;
(3)
The location where the clothing bin would be situated,
as precisely as possible;
(4)
A description, including dimensions, of the proposed
clothing bin;
(5)
The manner in which the person, firm, corporation,
club or charitable organization, institution or association anticipates
any clothing or other donations collected via the clothing bin would
be used, sold or dispersed and the method by which the proceeds of
collected donations would be allocated or spent; and
(6)
The schedule of pickups removing the articles from
the clothing bin, which can be no less often than once per week, and
the name and telephone number of the person to be notified if the
clothing bin is overflowing prior to the scheduled date of pickup.
C.
The fee for such application for the permit to place
and/or maintain a clothing bin shall be $25.
D.
An expiring clothing bin permit may be renewed upon
payment of the renewal fee of $25 and by application to the Borough
Clerk for renewal, which shall include the following information:
(1)
The name, address and telephone number of the person,
firm, corporation, club or charitable organization, institution or
association placing and/or maintaining such clothing bin;
(2)
The name and address of the owner of the premises
on which the clothing bin is to be located and the written consent
of the owner if the applicant is other than the owner; and, if the
applicant intends to move it, the new name and address of the owner
of the premises on which the clothing bin is to be located and the
written consent of the owner if the applicant is other than the owner;
(3)
The location where the clothing bin would be situated,
as precisely as possible, and, if the applicant intends to move it,
the new location where the clothing bin would be situated, as precisely
as possible;
(4)
A description, including dimensions, of the proposed
clothing bin;
(5)
The manner in which the person, firm, corporation,
club or charitable organization, institution or association has used,
sold or dispersed any clothing or other donations collected via the
clothing bin, the method by which the proceeds of collected donations
have been allocated or spent, and any changes the person, firm, corporation,
club or charitable organization, institution or association anticipates
it may make in these processes during the period covered by the renewal;
and
(6)
The schedule of pickups removing the articles from
the clothing bin, which can be no less often than once per week, and
the name and telephone number of the person to be notified if the
clothing bin is overflowing prior to the scheduled date of pickup.
A.
The following information shall be clearly and conspicuously
displayed on the exterior of the clothing bin:
(1)
The permit number and its date of expiration;
(2)
The name and address of the registered person, firm,
corporation, club or charitable organization, institution or association
that owns the clothing bin and of any other entity which may share
or profit from any clothing or other donations collected via the bin;
(3)
The telephone number of the person, firm, corporation,
club or charitable organization, institution or association's bona
fide office and, if applicable, the telephone number of any other
entity which may share or profit from any clothing or other donations
collected via the bin;
(4)
In cases when an entity other than the person who
owns the clothing 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 with,
or given entirely to, an entity other than the person, firm, corporation,
club or charitable organization, institution or association who owns
the bin and identifying all such entities which may share or profit
from such donations; and
(5)
A statement indicating the manner in which the person,
firm, corporation, club or charitable organization, institution or
association 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.
B.
An application for a permit to place and/or maintain
a clothing bin shall not be granted and a permit may be revoked if
the Borough Clerk determines that the placement of the bin could constitute
a health or safety hazard. Such hazards shall include but are not
limited to the placement of a clothing bin in parking spaces, in any
area that interferes with pedestrian or vehicular traffic, landscaping,
required setbacks, or any place which stores large amounts of, or
sells, fuel or other flammable liquids or gases, or is likely to or
does attract vermin or litter.
C.
Each clothing bin shall be accessory to an existing
nonresidential use.
D.
Each clothing bin and the surrounding area shall be
maintained in a neat, clean and orderly condition. Failure to maintain
the clothing bin and surrounding area in a neat, clean and orderly
condition shall be cause for revocation of the permit granted hereunder.
This chapter shall be enforced by the Building
Department and/or Borough Clerk. All clothing bins shall be subject
to inspection by the Building Department or any duly authorized representative
of the Borough.
The Building Department and/or Borough Clerk
shall receive and investigate, within 30 days, any complaints from
the public about a clothing bin. Whenever it appears that a person,
firm, corporation, club or charitable organization, institution or
association has engaged in or is engaging in any act, omission or
practice which violates this chapter, the person, firm, corporation,
club or charitable organization, institution or association who placed
and/or maintains the clothing bin shall be issued a warning stating
that, if the violation is not rectified or a hearing is not requested
within 45 days, the bin will be seized or removed at the expense of
the person, firm, corporation, club or charitable organization, institution
or association 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,
firm, corporation, club or charitable organization, institution or
association who placed the bin, such warning shall be affixed to the
exterior of the bin itself. Any proceeds from the sale of the donations
collected via the bin shall be paid to the Borough.
A.
Any person, firm, corporation, club or charitable
organization, institution or association violating any of the provisions
of this chapter which results in the seizure of the donation clothing
bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation.
The Borough Clerk may bring this 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 Borough; and
(2)
Deemed ineligible to place and maintain a clothing
bin pursuant to this chapter. A person, firm, corporation, club or
charitable organization, institution or association disqualified from
placing and/or maintaining a clothing bin by violating the provisions
of this chapter may apply to the Borough Clerk to have that person,
firm, corporation, club or charitable organization, institution or
association's eligibility restored. The eligibility of a person, firm,
corporation, club or charitable organization, institution or association
may be restored if that person, firm, corporation, club or charitable
organization, institution or association has:
B.
In addition to any other penalties or remedies under
this chapter, any person, firm, corporation, club or charitable organization,
institution or association that violates any provision which results
in a threat to public health or safety shall be subject to all penalties
and remedies available under the Borough's police powers.
