[HISTORY: Adopted by the Borough Council of the Borough of
Mountain Lakes 2-9-2009 by Ord. No. 01-09. 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.Â
An application for a permit shall include the following information:
(1)Â
The location where the bin would be situated, as precisely as possible;
(2)Â
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)Â
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)Â
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)Â
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property; and
(6)Â
Proof of registration with the Attorney General as a charitable organization.
B.Â
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.
C.Â
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.Â
The location where the bin is situated, as precisely as possible,
and, if applicant intends to move it, the new location where the bin
would be situated after the renewal is granted;
B.Â
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.Â
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.Â
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.Â
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property; and
F.Â
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:
A.Â
The Borough Council shall receive and investigate, within 30 days,
any complaints from the public about a clothing bin.
B.Â
Whenever it appears to the Borough Council 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.[1] 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.
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.