[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
That surface, whether or not improved, over and by which
ingress and egress are made into private or public property by vehicles.
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.
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.
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.
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.
(13)
All
initial and renewal applications shall include a $25 annual fee.
[Added 4-18-2023 by Ord. No. 7813-23]
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:
E.
No clothing/material donation bin shall be placed,
used or employed on a residential property.
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.
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.
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:
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:
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.
