[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodcliff Lake 8-3-2009 by Ord. No. 09-11. 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:
B.
The donation clothing bin is limited to an area at the Borough Recycling
Center as determined by the Construction Code Official or the Department
of Public Works Road Supervisor; and
C.
The registered charitable organization or the person has obtained
a zoning permit valid for a period of one year, from the Construction
Code Official or the Department of Public Works Road Supervisor, in
accordance with the following:
(1)
In applying for such a zoning permit the registered charitable organization
or person shall include:
(a)
The manner in which the charitable organization or person anticipated
any clothing or other donations collected via the bin would be used,
sold or disbursed, and the method by which the proceeds of collected
donations would be allocated or spent;
(b)
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; and
(c)
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.
(2)
The Construction Code Official or the Department of Public Works
Road Supervisor shall not grant an application for a zoning 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 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.
(3)
The fee for such application for the zoning permit shall be $50.
(4)
An expiring zoning permit for a donation clothing bin may be renewed
by a charitable organization or person upon payment of the renewal
fee of $25 and by application that shall include the following information:
(a)
The manner in which the person has used, sold or disbursed 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 anticipated it may make in these processes
during the period covered by the renewal;
(b)
The name and the 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; and
(c)
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.
(5)
The following information shall be clearly and conspicuously written
in either paint or permanent marker on the exterior of the donation
clothing bin:
(a)
The name and address of the registered charitable organization
or person that owns the bin, and of any other entity which may share
or profit from any clothing or other donations collected via the bin;
(b)
The telephone number of the organization'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. The telephone number of an answering
machine or service unrelated to the charitable organization does not
satisfy this requirement; and
(c)
The charitable organization's registration number, permit
number and its date of expiration.
(d)
In cases when any entity other than the person who owns the
bin may share or profit from any clothing or other donation 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, indicating the manner in which the charitable organization
or person anticipates any clothing or other donations collected via
the bin would be used, sold or disbursed, and the method by which
the proceeds of collected donations would be allocated or spent.
A.
The Zoning Officer shall receive and investigate, within 45 days,
any complaints from the public about the bin.
B.
Whenever it appears to the Borough that an organization or a person
has engaged in or is engaging in any act or practice in violation
of this section, the organization or person who placed the bin shall
be issued a warning, stating that if the violation is not rectified
or an appeal taken within 15 days, then the bin, any clothing or other
donations collected via the bin will be sold at public auction. In
addition to any other means used to notify the person who placed the
bin, a warning shall be affixed to the exterior of the bin itself.
C.
In the event that the person who placed the bin does not rectify
the violations or request a hearing within 15 days of the posting
of the warning, the Borough may seize the bin, remove it or have it
removed, at the expense of the person 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 Borough.
D.
In addition to any other penalties or remedies under this section,
any person who violates any provision which results in the seizure
of the donation clothing bin shall for each violation be penalized
by a fine of not more than $500 per day of violation or by imprisonment
in the county jail for a term not exceeding 90 days.
