Pursuant to N.J.S.A. 40:48-2.60 through 40:48-2.64, the purpose
of this chapter is to provide a uniform set of procedures for administering
the placement and maintenance of clothing bins within the Borough
of Emerson ("Borough"), as well as providing for a uniform set of
procedures for administering the issuance and revocation of all permits
issued by the Borough for the placement of clothing bins, consistent
with state law.
For purposes of this chapter, the following terms shall have
the meanings indicated:
DONATION BIN
Any enclosed receptacle, container or other depository made
of metal, steel or a similar product and designed or intended for
the donation and the temporary storage of clothing or other materials.
SOLICITATION or SOLICIT
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 clothing bin for solicitation
purposes within the Borough without first obtaining a permit, valid
for a period of one year, from the Borough Construction Code Official
as hereinafter provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. The following
information shall be clearly and conspicuously displayed on the exterior
of the clothing bin:
(1) The permit number and its date of expiration;
(2) The name and address of the registered person, firm, corporation,
club or charitable organization, institution or association that owns
the clothing bin, and of any other entity which may share or profit
from any clothing or other donations collected via the bin;
(3) The telephone number of the person, firm, corporation, club or charitable
organization, institution or association's bona fide office and, if
applicable, the telephone number of any other entity which may share
or profit from any clothing or other donations collected via the bin;
(4) In cases when an entity other than the person who owns the clothing
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, firm, corporation, club or charitable
organization, institution or association who owns the bin, and identifying
all such entities which may share or profit from such donations; and
(5) A statement, indicating the manner in which the person, firm, corporation,
club or charitable organization, institution or association 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.
B. An application for a permit to place and/or maintain a clothing bin
shall not be granted and a permit may be revoked if the Borough Construction Code
Official determines that the placement of the bin could constitute
a health or safety hazard. Such hazards shall include, but are not
limited to, the placement of a clothing bin in parking spaces, in
any area that interferes with pedestrian or vehicular traffic, landscaping
or required setbacks, or within 100 yards of any place which stores
large amounts of, or sells, fuel or other flammable liquids or gases,
or is likely to or does attract vermin or litter.
C. Each clothing bin shall be accessory to an existing nonresidential
use.
D. Each clothing bin and surrounding area shall be maintained in a neat,
clean and orderly condition. Failure to maintain the clothing bin
and surrounding area in a neat, clean and orderly condition shall
be cause for revocation of the permit granted hereunder.
This chapter shall be enforced by the Building Department and/or
Borough Construction Code Official. All clothing bins shall be subject
to inspection by the Building Department or any duly authorized representative
of the Borough.