[HISTORY: Adopted by the City Council of the City of Passaic 3-17-2009 by Ord. No.
1791-09. Amendments noted where applicable.]
A.
All persons, entities, or organizations that currently have located
a charitable clothing bin within the City of Passaic shall have 100
days from the effective date of this ordinance to apply for and receive
a permit from the Passaic City Clerk for the maintenance of this charitable
clothing bin within the City of Passaic.
B.
All entities that wish to place a charitable clothing bin in the
City of Passaic shall, prior to placing such bin, obtain a permit
from the Passaic City Clerk.
The application for the placement of the clothing bin shall
contain the following information:
A.
The location where the bin would be situated, as precisely as possible.
B.
The manner in which the person, entity or organization anticipates
any clothing or other donations collected via the bin would be used,
sold or disbursed and the method by which the proceeds collected would
be allocated or spent.
C.
The name and telephone number of the bona fide office of any entity
which may share or profit from any clothing or other donations collected
via the bin.
D.
Written consent of the property owner to place the bin on his property.
A.
All permits obtained shall be in effect for two years and shall expire
on June 30 of the second year of the permit. Permits shall commence
on odd-numbered years. Therefore, a permit received in an even-numbered
year shall continue to the end of the even-numbered year and then
must be renewed.
C.
No charitable clothing bin shall be located in a place that could
be considered a safety hazard, which includes but is not limited to
within 100 yards of any place which stores large amounts of or sells
fuel or other flammable liquids or gases.
The renewal of a charitable clothing bin permit shall include
the following information:
A.
The location where the bin is currently situated and, if the person
intends to move it, the new location where the bin would be situated
and a written consent of the property owner to place the bin on his
property.
B.
The manner in which the person has used, sold or disbursed any clothing
or other donations via the bin and 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.
C.
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.
The following information shall be clearly and conspicuously
displayed on the exterior of the clothing bin:
A.
The permit number and the date of expiration of that permit.
B.
The name and address of the registered person who owns the bin and
any other entity which may share or profit from any clothing or donations.
C.
The telephone number of the person's bona fide office and the
telephone number of the bona fide office of any other entity which
may share in the profit from any clothing or donations collected via
the bin.
D.
Where the entity, other than the person who owns the bin, shares
in the profits from any clothing or other donations, then notice of
that entity shall also be given.
E.
A statement indicating the manner in which the person anticipates
any clothing or other donations collected via the bin would be used,
sold or disbursed, and the method by which the proceeds of collected
donations would be allocated or spent.
A.
The City Clerk, upon receipt of any complaint concerning the donation
clothing bin, or his or her designee, shall conduct an investigation
of this complaint within 30 days.
[Amended 2-23-2016 by Ord. No. 2041-16]
B.
Any person who places a clothing bin in violation of this chapter
or N.J.S.A. 40:48-2.61 shall be given a warning stating that if the
violation is not rectified or a hearing with the City clerk is not
requested within 45 days, then the bin will be seized and removed
at the expense of the person who placed the bin, and any clothing
or other donations collected via the bin shall be sold at public auction.
This notice shall be placed on the clothing bin and forwarded to any
person known to the City who has placed the bin at this location.
C.
If the person who placed the bin does not rectify the violation or
request a hearing within 45 days of the posting of the warning, then
the City shall remove the bin or have it removed at the expense of
the person who placed the bin and sell at public auction or otherwise
dispose of the clothing or donations. The City shall collect all proceeds
from the sale of this clothing and shall charge the person who placed
the bin all costs and expenses for removal and storage of same.
[Amended 2-23-2016 by Ord. No. 2041-16]
Any person who violates this chapter or N.J.S.A. 40:48-2.60
et seq, which results in the seizure of the donation clothing bin
shall be subject to the following:
A.
A penalty up to $20,000 for each violation. The City shall bring
this action in Municipal Court or Superior Court in a summary proceeding
under the Penalty Enforcement Law of 1999. Penalty monies collected
pursuant to this section shall be maintained by the City.
B.
The person who placed the clothing bin shall be deemed ineligible
to place, use or employ a donation clothing bin for solicitation purposes.
A person who is deemed ineligible may apply to the City Council to
have that person's eligibility restored and the City may consider
same when it finds that the entity has acted within the public interest
and demonstrates that he has made a good faith effort to comply with
the provisions of N.J.S.A. 40:48-2.60 et seq. and this chapter and
had no fraudulent intentions.
