[HISTORY: Adopted by the Mayor and Council of the Borough
of Middlesex 5-10-2011 by Ord. No. 1796. Amendments noted where
applicable.]
The purpose of this chapter shall be to provide rules, regulations
and standards for the placement and use of donation clothing bins
in the Borough of Middlesex in order to promote the public health,
safety, convenience and welfare of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
A receptacle or container made of metal, steel or other material
designed or intended for the collection and temporary storage of donated
clothing or other items.
The request, indirectly or directly, 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 some other thing of value. A solicitation shall take place whether
or not the person making the solicitation receives any contribution.
[Amended 6-12-2012 by Ord. No. 1811]
Notwithstanding any other provision of law 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:
A.
The person has obtained a valid permit from the Borough Zoning Officer.
B.
The person, and any other entity which may share or profit from any
clothing or other donations collected via the bin, maintains a bona
fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. For the purposes of this subsection, an
answering machine or service unrelated to the person does not constitute
a bona fide office; and
C.
The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(1)
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;
(2)
The telephone number of the person'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;
(3)
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
(4)
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.
The annual permit fee (new or renewal permit) is $25 per bin.
The application for a permit shall include:
A.
The precise location where the bin would be situated;
B.
The amount of compensation (if any) that the owner of the property
is receiving for the installation of the bin;
C.
The manner in which the applicant 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;
D.
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 or entity does not constitute a
bona fide office;
E.
Written consent from the property owner to place the bin on its property;
and
F.
For entities subject to municipal land use regulation, a copy of
the resolution of approval from the Planning Board granting approval
for the proposed donation bin location.
Renewal applications shall include all application requirements stated at § 182-5 above, plus the following:
A.
A statement as to the manner in which the renewal applicant has used,
sold, or dispersed any clothing or other donation collected via the
bin; the method by which the proceeds of collected donations have
been allocated or spent; and any changes the renewal applicant anticipates
it may make as to these procedures during the period covered by the
renewal;
B.
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; and
C.
If the location of the bin is to be moved, the precise new location
where the bin is to be situated, along with written consent from the
property owner of the new location.
The Borough of Middlesex 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 include, but are not limited to, the placement of a clothing
donation bin within 100 yards of any place which stores or sells large
amounts of fuel or other inflammable liquids or gases or the placement
of a bin where it interferes with vehicular or pedestrian circulation.
The person who uses, places or employs 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. Any person who uses, places or employs a donation clothing bin
and permits the accumulation of clothing or other donations outside
the bin shall be subject to a fine of $100.
A.
The following information shall be clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(1)
The permit number and its date of expiration, along with a statement
that a copy of the permit application is on file with the Borough
Clerk;
(3)
The telephone number of the owner's bona fide office, and if
applicable, the telephone number of any other entity which shared
or profited 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.
B.
The registered person who owns the bin shall report to the Borough
Clerk any change of entity or entities which may share or profit from
any clothing or other donations collected via the bin no later than
30 days from the changes. Failure to provide the Borough Clerk with
said report within the thirty-day period shall result in revocation
of the permit.
A.
The Borough Zoning Officer shall receive complaints from the public
regarding any donation clothing bin located in the Borough. The Borough
Zoning Officer shall investigate said complaints within 30 days of
receipt. Should the Zoning Officer determine that a person or entity
has engaged in, or is engaging in, any act or practice which violates
this chapter, the person or entity that placed the bin shall be issued
a warning (to also be posted on the exterior of the bin) which states
that if the violation is not rectified or a hearing with the appropriate
municipal agency is not requested within 45 days of the issuance of
the warning, the bin shall be seized or removed at the expense of
the person or entity which placed the bin, and any clothing or other
donations collected via the bin will be sold at public auction or
otherwise disposed of.
B.
Should the person or entity which placed the bin not rectify the
violation or request a hearing within 45 days of the issuance and
posting of the order, 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 Chief
Financial Officer of the Borough.
In addition to any other penalties or remedies authorized by the laws of the State of New Jersey, 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 donation clothing bin per § 182-9 herein shall be:
A.
Subject to a penalty of up to $2,000 for each violation. The Borough
may bring this action in the Borough Municipal Court or Superior Court
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 Section 2 of 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
Clerk to have that person's eligibility restored. The Borough
may restore the eligibility of a person who:
