[HISTORY: Adopted by the Common Council of the City of Burlington 11-13-2008 by Ord. No.
23-2008. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall
have the meanings indicated:
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, for
solicitation purposes, unless all of the following requirements are
met:
A.
The person has obtained a permit, valid for one year, from the Building
Department on a form provided by the Building Department, in accordance
with the following:
(1)
The permit application, whether or not specifically requested on
the form, shall include:
(a)
The precise location where the applicant proposes to situate
the bin, which must include the address of the property on which the
bin is to be located and a detailed description of the location on
the property the applicant proposes to place the bin which may be
accomplished through the submission of a survey, architectural rendering
or other visual depiction;
(b)
The manner in which the person 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 will be
allocated or spent;
(c)
The name, address and telephone number of the bona fide office required pursuant to Subsection B of this section, of 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
his property; and
(e)
A description of the material from which the bin will be constructed, the proposed color of the bin, and a description of all wording, pictures or other visual depictions, if any which will be placed on the bin that is in addition to the information required to be placed on the bin pursuant to Subsection C hereof;
(2)
The Building Department 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. In addition,
the Building Department shall not grant an application if it determines
that the material from which the applicant proposes to construct the
bin is not sufficiently durable to withstand the elements thus constituting
a safety hazard or if it determines that the color of the bin or the
wording, pictures or other visual depictions on the bin are such as
to constitute a traffic safety hazard;
(4)
An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of a fee as set forth in Chapter 146, Fee Schedule, imposed by the Building Department for such renewal to offset the costs involved in enforcing this chapter. Such application shall include:[2]
(a)
The precise location where the bin is presently situated;
(b)
The manner in which the person 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 person anticipates it may make in these
processes during the period covered by the renewal;
B.
The person, and any other entity which
may share or profit from any clothing or other donations collected
via the bin, maintains a bona fide office where a representative of
the person and/or other entity, respectively, can be reached at a
telephone information line during normal business hours for the purpose
of offering information concerning the person and/or other entity.
For the purposes of this subsection, an answering machine or service
unrelated to the person does not constitute a bona fide office; and
C.
The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(1)
The name and address of the registered person that owns the bin,
and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
(2)
The telephone number of the person'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;
(3)
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; and
(4)
A statement, consistent with the information provided to the Building Department in the most recent permit or renewal application pursuant to Subsection A(1)(b) of this section and Subsection A(4)(b) of this section, indicating 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.[3]
(5)
Any other information required by law.
The City reserves the right to limit the number of donation
clothing bin permits. No more than two donation clothing bins may
be placed on any particular parcel of property; provided, however,
that the Building Department may, in its sole discretion, limit the
number of donation clothing bins on a property to one if it believes
that the additional bin would pose a safety hazard. The City reserves
the right to refuse placement of any clothing bins on City property.
A.
Any person may submit a complaint about a charitable donation bin
to the Building Department, and upon receipt of such complaint, the
Building Department shall, within 30 days, investigate any such complaints.
Whenever it appears to the Building Department that a person has engaged
in, or is engaging in any act or practice in violation of Section
2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61), the person to whom a
permit to place a donation clothing bin was issued shall be issued
a warning, stating that if the violation is not rectified or a hearing
with the Building Department 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 to whom a permit to place a donation
clothing bin was issued does not rectify the violation or request
a hearing within 45 days of the posting of the warning, the Building
Department 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 City of Burlington.
In addition to any other penalties or remedies authorized by
the laws of this state, any person who violates any provision of this
chapter which results in seizure of the donation clothing bin shall
be:
A.
Subject to a penalty of up to $20,000 for each violation. The Building
Department may bring this action in the Municipal Court or Superior
Court 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 City of Burlington; and
B.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to Section 2 of P.L. 2007, c. 209
(N.J.S.A. 40:48-2.61). 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 Building
Department to have that person's eligibility restored. The Building
Department may restore the eligibility of a person who:
