[Added 6-9-2009 by Ord. No. 09-14[1]]
[1]
Editor's Note: This ordinance provided an effective date of
7-1-2009 and a permit fee for the remainder of the year 2009 of $16.
For the purposes of this article only:
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 donation clothing bin within
the Borough of Garwood, for solicitation purposes without obtaining
a permit from the Borough Clerk. Permits shall be renewable on an
annual basis during the month of January.
The annual permit fee is $25 per bin and will be used to offset
the costs involved in enforcing this article.
The application for obtaining a permit shall include the following:
A.
The location where the bin would be situated, as precisely as possible;
B.
The manner in which the person 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;
C.
The name and telephone number of the bona fide office of any person
or entity which may share or profit from any clothing or other donations
collected via the bin, at which such person can be reached during
normal business hours; for the purposes of this subsection, an answering
machine or service unrelated to the person or entity does not constitute
a bona fide office; and
D.
Written consent from the property owner to place the bin on his or
her property.
In addition to the above application requirements, renewal applications
shall include the following:
A.
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted and written consent
from the property owner to place the bin on his or her property;
B.
The manner in which the person 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 person anticipates it may make in these processes
during the period covered by the renewal; and
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 Borough Clerk shall not grant an application for a permit
to place, use or employ a donation clothing bin if he/she determines
that the placement of the bin could constitute a safety hazard. Such
hazards shall include, but not be limited to, the placement of a donation
clothing bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases, or the placement
of a bin where it interferes with public health or safety as determined
by the Chief of Police. The person placing, using or employing a donation
clothing bin shall maintain the bin and the area surrounding the bin
such that there shall be no accumulation of clothing or other donations
outside the bin.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin on a sign,
at least one foot by two feet, which is either waterproof or stenciled
on the bin; the cost of the sign is the sole responsibility of the
owner of the bin:
A.
The permit number and its date of expiration;
B.
The name and address of the registered person who owns the bin and
of any other entity which may share or profit from any clothing or
other donations collected via the bin;
C.
The telephone number of the owner's bona fide office and, if applicable,
the telephone number of the bona fide office of any other entity which
may share or profit from any clothing or other donations collected
via the bin; for the purposes of this subsection, an answering machine
or service unrelated to the person does not constitute a bona fide
office;
D.
In cases when an entity other than the person who owns the 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 who owns the bin, and identifying all such entities
which may share or profit from such donations; and
E.
A statement consistent with the information provided to the Borough
in the most recent permit or renewal application indicating the manner
in which the person 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.
A.
The Police Department shall receive and investigate, within 30 days,
any complaints from the public about the bin. Whenever it appears
to the Chief of Police or his designee that a person has engaged in,
or is engaging in, any act or practice in violation of this article,
the person who placed the bin shall be issued a warning, stating that
if the violation is not rectified within 45 days, the bin will be
seized or removed at the expense of the person 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 who placed the bin, such warning
shall be affixed to the exterior of the bin itself.
B.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Chief of Police may seize the bin, remove it, or
have it removed, at the expense of the person who placed the bin,
or the Chief of Police may direct that the owner of the property where
the bin is located must remove the bin at his or her own expense within
15 days of said notice; if the owner of the property does not remove
the bin, the costs associated with said removal will be the responsibility
of the owner of the property in which the bin is located. Thereafter,
the Chief of Police shall certify the cost thereof to the Mayor and
Council, and it shall cause such cost and expense thereof to be charged
against and become and charge and lien upon such lands, the same to
bear interest at the same rate as taxes, and shall be collected and
enforced by the same officers and in the same manner as taxes. The
Chief of Police may sell 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
the laws of this state, any person who violates any provision of this
article or the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.) which results in seizure of the donation clothing bin shall
be:
A.
Subject to a penalty of up to $20,000 for each violation. The Borough
may bring this action in the Garwood Borough Municipal Court or the
Superior Court of New Jersey as a summary proceeding under the Penalty
Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.),
and any penalty monies collected shall be paid to the Chief Financial
Officer of the Borough; and
B.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this article and P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing,
using, or employing a donation clothing bin by violating the provisions
of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the
Borough to have that person's eligibility restored. The Borough may
restore the eligibility of a person who:
