[HISTORY: Adopted by the Mayor and Council of the Borough
of Lindenwold 5-2-2012 by Ord. No. 1317. Amendments noted where
applicable.]
GENERAL REFERENCES
Fees — See Ch. 150.
As used in this chapter, the following terms shall have the
meanings indicated:
Any receptacle or container made of metal, steel, or any
other material designed or intended for the collection and temporary
storage of donated clothing or other materials.
[Amended 5-10-2017 by Ord. No. 2017-08]
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a clothing donation bin, within
the Borough of Lindenwold, for solicitation purposes, unless he has
obtained a permit for a period of one year issued by the Borough Clerk
or his designee. The Borough of Lindenwold has designated a limit
of 10 clothing bins permits that will be issued or reissued in a calendar
year.
[Amended 11-5-2014 by Ord. No. 2014-01]
The permit fee shall be as provided in Chapter 150, Fees, Article I, Fee Schedule, § 150-39, and will be used to offset the costs involved in enforcing P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.). Registered charitable organizations located within the Borough of Lindenwold are exempt from paying this annual permit fee but must still apply for and secure a permit.
The application for obtaining a permit shall include:
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 chapter, an answering
machine or service unrelated to the person does not constitute a bona
fide office;
D.
Written consent from the property owner to place the bin on his property;
and
[Amended 11-5-2014 by Ord. No. 2014-01]
An expiring permit may be renewed the beginning of each calendar year upon application and payment of a renewal fee as provided in Chapter 150, Fees, Article I, Fee Schedule, § 150-39. In addition to the above application requirements, renewal applications must include:
A.
A statement of the manner in which the person has used, sold, or
dispersed any clothing or other donations have been allocated or spent,
and any changes the person anticipates he may make in these processes
during the period covered by the renewal;
B.
The name and telephone 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
by the renewal; and
C.
If the location of the bin is to be moved, the new location where
the bin is to be situated, as precisely as possible, and written consent
from the property owner of the new location.
The Borough of Lindenwold 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 not be limited to, the placement of a clothing
donation 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 vehicular or pedestrian circulation.
A charitable bin shall not be placed within 100 yards of an alcohol
or liquor retail store. The person placing, using or employing a clothing
donation 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 clothing donation bin:
A.
The permit number and its date of expiration stating that a copy
of the permit application is on file with Borough Clerk or his designee;
[Amended 5-10-2017 by Ord. No. 2017-08]
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 any 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 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.
[Amended 11-5-2014 by Ord. No. 2014-01]
A.
The Code Enforcement Officer or designee or other appropriate individual
shall receive and investigate, within 10 days, any complaints from
the public about the bin. Whenever it appears that a person has engaged
in or is engaging in any act or practice in violation of this chapter,
the person who placed the bin shall be issued a warning, stating that
if the violation is not rectified or a hearing with the appropriate
municipal agency is not requested within 10 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 10 days of the posting of
the warning, the Borough of Lindenwold 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 donation collected via the bin shall be paid to the Administrator
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
chapter 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 clothing donation bin shall
be:
A.
Subject to a penalty of up to $20,000 for each violation. The Borough
may bring this action in 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 Borough; and
B.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this chapter and P.L. 2007,
c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from placing,
using, or employing a clothing donation 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 Council to have that person's eligibility restored. The
Borough may elect to restore the eligibility of a person who:
