[HISTORY: Adopted by the Mayor and Council of the Borough
of Edgewater 3-16-2009 by Ord. No. 1403-2009 (Ch. 20 of the 1975
Code). Amendments noted where applicable.]
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 Edgewater ("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:
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.
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 Official as
hereinafter provided.
A.
Application for a permit to place and/or maintain a clothing bin
shall be made in writing to the Borough Construction Official prior
to placing and/or maintaining the clothing bin.
B.
The application shall contain the following information:
(1)
Name, address and telephone number of the person, firm, corporation,
club or charitable organization, institution or association placing
and/or maintaining such clothing bin;
(2)
Name and address of the owner of the premises on which the clothing
bin is to be located and the written consent of the owner if the applicant
is other than the owner;
(3)
The location where the clothing bin would be situated, as precisely
as possible;
(4)
A description, including dimensions, of the proposed clothing bin;
(5)
The manner in which the person, firm, corporation, club or charitable
organization, institution or association anticipates any clothing
or other donations collected via the clothing bin would be used, sold
or dispersed, and the method by which the proceeds of collected donations
would be allocated or spent; and
(6)
The schedule of pickups removing the articles from the clothing 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 clothing bin is overflowing
prior to the scheduled date of pickup.
C.
The fee for such application for the permit to place and/or maintain
a clothing bin shall be $25.
D.
An expiring clothing bin permit may be renewed upon payment of the
renewal fee of $25 and by application to the Borough Construction
Official for renewal that shall include the following information:
(1)
Name, address and telephone number of the person, firm, corporation,
club or charitable organization, institution or association placing
and/or maintaining such clothing bin;
(2)
Name and address of the owner of the premises on which the clothing
bin is to be located and the written consent of the owner if the applicant
is other than the owner, and, if applicant intends to move it, the
new name and address of the owner of the premises on which the clothing
bin is to be located and the written consent of the owner if the applicant
is other than the owner;
(3)
The location where the clothing bin would be situated, as precisely
as possible, and, if the applicant intends to move it, the new location
where the clothing bin would be situated, as precisely as possible;
(4)
A description, including dimensions, of the proposed clothing bin;
(5)
The manner in which the person, firm, corporation, club or charitable
organization, institution or association has used, sold or dispersed
any clothing or other donations collected via the clothing bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person, firm, corporation, club or charitable
organization, institution or association anticipates it may make in
these processes during the period covered by the renewal; and
(6)
The schedule of pickups removing the articles from the clothing 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 clothing bin is overflowing
prior to the scheduled date of pickup.
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 by, 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
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,
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 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 Official. All clothing bins shall be subject
to inspection by the Building Department or any duly authorized representative
of the Borough.
A.
The Building Department and/or Borough Construction Official shall
receive and investigate, within 30 days, any complaints from the public
about a clothing bin.
(1)
Whenever it appears that a person, firm, corporation, club or charitable
organization, institution or association has engaged in, or is engaging
in, any act, omission or practice which violates this chapter, the
person, firm, corporation, club or charitable organization, institution
or association who placed and/or maintains the clothing bin shall
be issued a warning, stating that if the violation is not rectified
or a hearing is not requested within 45 days, the bin will be seized
or removed at the expense of the person, firm, corporation, club or
charitable organization, institution or association who placed the
bin, and any clothing or other donations collected via the bin will
be sold at public auction or otherwise disposed of.
(2)
In addition to any other means used to notify the person, firm, corporation,
club or charitable organization, institution or association 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 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. Any proceeds from the sale of the donations
collected via the bin shall be paid to the Borough.
A.
Any person, firm, corporation, club or charitable organization, institution
or association violating any of the provisions of this chapter and/or
Section 2 of P.L.2007, c. 209 (N.J.S.A. 40:48-2.61) which results
in the seizure of the donation clothing bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The Borough
Construction Official may bring this action in the municipal court
or Superior Court as a summary proceeding under the Penalty Enforcement
Law of 1999, N.J.S.A. 2A:58-10 et seq., and any penalty monies collected
shall be paid to the Borough; and
(2)
Deemed ineligible to place and maintain a clothing bin pursuant to
this chapter. A person, firm, corporation, club or charitable organization,
institution or association disqualified from placing and/or maintaining
a clothing bin by violating the provisions of this chapter may apply
to the Borough Construction Official to have that person, firm, corporation,
club or charitable organization, institution or association's
eligibility restored. A person, firm, corporation, club or charitable
organization, institution or association may have its eligibility
restored if that person, firm, corporation, club or charitable organization,
institution or association has:
B.
In addition to any other penalties or remedies under this chapter,
any person, firm, corporation, club or charitable organization, institution
or association that violates any provision which results in a threat
to public health or safety shall be subject to all penalties and remedies
available under the Borough's police powers.
