[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Rocky Hill 2-18-2009 by Ord. No. 1-2009. Amendments noted where
applicable.]
For the purposes of this chapter only, the following terms hall
have the meanings indicated:
A charitable clothing bin or any canister, card, receptacle
or similar device for the collection of money or other thing of value.
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind or 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 donation clothing bin within
the Borough of Rocky Hill for solicitation purposes without obtaining
a permit from the Borough Clerk. Such permit is subject to approval
by the Borough Council. Permits are renewable on an annual basis during
the month of January.
The annual permit fee is $25 per bin and will be used to offset
the costs involved in enforcing this chapter.
The application for obtaining a permit shall include:
A.
The location where the donation clothing bin would be situated, as
precisely as possible.
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 at which such person can be reached
during normal business hours 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. For the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office.
D.
Written consent from the property owner to place the bin on his property.
In addition to the above application requirements, renewal applications
must include:
A.
A statement on the manner in which the person has used, sold, or
dispersed any clothing or other donation collected via the bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person anticipates will be made in these
processes during the period covered by the renewal;
B.
The name and telephone number 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
covered 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.
The Borough of Rocky Hill 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 donation
clothing 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 donation clothing 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 donation clothing bin:
A.
The permit number and its date of expiration.
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.
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.
D.
In cases when any entity other than the 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 who owns the bin, and identifying all such entities
which may share or profit from such donations.
E.
A statement, consistent with the information provided to the Borough
in the most recent permit or renewal application, indicating the manner
in which the owner 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 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 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, the Borough of Rocky Hill 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 Borough.
A.
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 donation clothing bin shall
be:
(1)
Subject to a penalty of up to $20,000 for each violation. The Borough
may bring this action in the Borough of Rocky Hill 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;
(2)
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this chapter and P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.61).
B.
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 Borough Council to have that
person's eligibility restored. The Borough Council may restore
the eligibility of a person who:
All other ordinances in conflict or inconsistent with this chapter
are hereby repealed to the extent of such conflict or inconsistency.
In the event of any inconsistencies between the provisions of this
chapter and any prior ordinance of the Borough of Rocky Hill, the
provisions hereof shall be determined to govern. All other parts,
portions and provisions of the Code of the Borough of Rocky Hill are
hereby ratified and confirmed, except where inconsistent with the
terms hereof.
