[HISTORY: Adopted by the Mayor and Council of the Borough of South River 10-26-2009 by Ord. No. 2009-46. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A box, frame, crib, or enclosure placed at an outdoor location.
- BONA FIDE OFFICE
- A location where a representative of the person or entity responsible for a donation bin can be reached during normal business hours. An answering machine or answering service does not constitute a bona fide office.
- Any individual, business entity or organization whether for-profit or not-for-profit who is the registrant, owner and is responsible for the donation bin.
- SOLICITATION or SOLICIT
- The request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value in conjunction with the maintenance of a donation bin. 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 or is present to receive donated items.
No person shall be permitted to place, use or employ a donation bin for solicitation of clothing or any other thing of value on any property located in the Borough unless a permit is first obtained.
In applying for a permit, the person shall set forth on the application:
The location of that bin described as precisely as possible.
The manner in which the donations collected will be used, sold, or dispensed, to whom the donations will be provided, and the method by which the proceeds of collected donations will be allocated or spent.
The name, address and telephone number of the bona fide office of all persons who may share or profit from any donations collected.
Written consent from the property owner to place the bin on the property.
The applicant shall provide a fee in the amount provided in Chapter 155, Fees, with the application.
The Borough shall not grant an application for a permit to place, use or employ a donation bin if it determines that the placement of the bin could constitute a hazard to the health, safety or welfare of the public. Such hazards shall include, but not be limited to, the placement of a donation bin within 100 yards of any area where fuels or other flammable liquids or gases are stored or sold, within a site triangle area or closer than 50 feet to a residential use.
An expiring permit may be renewed upon submission of an application for renewal and payment of the renewal fee in the amount provided in Chapter 155, Fees. Such renewal application shall include:
The location where the bin is currently situated. If it is intended that the bin will be relocated, the new location of the bin after the renewal is granted.
Written consent from the property owner to place the bin on his property.
The manner in which the person has used, sold, or dispensed any clothing or other donations collected, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates being made in the use, sale or dispensation of any donations collected during the period covered by the renewal.
The address and telephone number of the bona fide office of any person that shared or profited from any clothing or other donations collected, and of any persons which may do so during the period covered by the renewal.
Upon granting of the permit, the following information shall be clearly and conspicuously displayed on the exterior of the donation bin:
The permit number and the date of expiration;
The name, address and telephone number of the bona fide office of the applicant;
A list of all entities, including name, address and telephone number, which may share or profit from any donations collected; and
A statement indicating the manner in which donations will be used, sold, or dispersed, and the method by which the proceeds of the donations will be allocated or spent.
The Borough Zoning Officer shall investigate any complaints about a donation bin within 30 days of the receipt of the complaint. Whenever it appears that a violation of Borough ordinances has occurred, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing before the governing body is not requested within 45 days of the notice being issued, the Borough 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 as well as the bin itself. Any proceeds from the sale of the donations or bin shall be paid to the Borough's General Fund.
Notice shall be deemed to have been made on the date that the violation notice is affixed to the exterior of the bin. The Borough may, in its sole discretion, make notice by any other additional means.
In addition to any other penalties or remedies authorized by the laws of this state or the Code of the Borough, any person who violates any provision of this chapter which results in seizure of the donation bin shall be:
Subject to a penalty of up to $20,000 for each violation. The Borough Zoning Officer may bring this action in the municipal court or Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999, and any penalty monies collected shall be paid to the Chief Financial Officer of the Borough and deposited to the Borough's General Fund.
Deemed ineligible to place, use, or employ a donation bin pursuant to this chapter. A person disqualified from placing, using, or employing a donation bin may apply to the Borough to have eligibility restored. The Borough may restore the eligibility of a person who: