[HISTORY: Adopted by the Mayor and Council of the Borough
of Riverdale 2-2-2009 by Ord. No. 1-2009. Amendments noted where
applicable.]
Notwithstanding any other provision 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.
An application for a permit shall include the following information:
(1)
The location where the bin would be situated, as precisely as possible;
(2)
The manner in which the charitable organization 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)
The name and telephone number of the bona fide office of the applicant
and of any entity which may share or profit from any clothing or other
donations collected via the bin;
(4)
The schedule of pickups removing the articles from the bins, which
can be no less often than once per week, and the name and telephone
number of the person to be notified if the bin is overflowing prior
to the scheduled date of pickup;
(5)
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property; and
(6)
Proof of registration with the Attorney General as a charitable organization.
B.
The applicant shall notify all property owners within 200 feet of
the proposed location of the bin of the scheduled hearing on the permit
before the governing body. A list of property owners within 200 feet
shall be obtained from the Borough Tax Assessor.
C.
The Council 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 are not limited to, the placement of a donation clothing bin in
parking spaces, in any area that interferes with pedestrian or vehicular
traffic, or any place which stores large amounts of, or sells, fuel
or other flammable liquids or gases.
D.
The fee for such application for the permit shall be $25.
An expiring permit for a donation clothing bin may be renewed
by a charitable organization on an annual basis upon payment of the
$25. The application shall include the following information:
A.
The location where the bin is situated, as precisely as possible,
and, if the applicant intends to move it, the new location where the
bin would be situated after the renewal is granted;
B.
The manner in which the entity 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 entity 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 the applicant
and 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;
D.
The schedule of pickups removing the articles from the bins, which
can be no less often than once per week, and the name and telephone
number of the person to be notified if the bin is overflowing prior
to the date of pickup;
E.
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property; and
F.
Proof of charitable registration with the Attorney General as a charitable
organization.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
[Amended 10-17-2011 by Ord. No. 13-2011]
A.
The Zoning
Officer shall be responsible to enforce the provisions of this chapter.
B.
Whenever
it appears to the Zoning Officer that a person or entity has engaged
in, or is engaging in, any act or practice in violation of this chapter,
the entity who placed the bin shall be issued a warning, stating that
if the violation is not rectified or if a hearing before the Borough
Council is not requested within 45 days, the clothing bin will be
seized or removed at the expense of the entity 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 or entity who placed the bin,
such warning shall be affixed to the exterior of the bin itself. In
the event that the entity who placed the bin does not rectify the
violation or request a hearing within 45 days of the posting of the
warning, the Borough Council may order the bin seized, remove it,
or have it removed at the expense of the entity who placed the bin,
and sell it 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.
In addition to any other penalties or remedies authorized by
law, any person or entity who violates any provision of this chapter
shall be subject to a penalty of up to $20,000 for each violation
pursuant to N.J.S.A. 40:48-2.60 et seq. The Borough may bring this
action in the Municipal Court or the Superior Court as a summary proceeding
under the Penalty Enforcement Law of 1999. Any penalty moneys collected
therefrom shall be paid to the Chief Financial Officer of the Borough.
An entity violating this chapter shall be deemed ineligible to place,
use, or employ a donation clothing bin for solicitation purposes pursuant
to N.J.S.A. 40:48-2.61 et seq. An entity disqualified from placing,
using, or employing a donation clothing bin by violating the provisions
of N.J.S.A. 40:48-2.60 et seq. may apply to the Borough Council to
have eligibility restored. The Borough Council may restore the eligibility
of an entity who acts within the public interest, and demonstrates
that they have made a good faith effort to comply with the provisions
of N.J.S.A. 40:48-2.60 et seq. and all other applicable laws and regulations
and has no fraudulent intentions.
