Pursuant to N.J.S.A. 40:48-2.60 through 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 North Arlington ("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 mean
as follows:
CLOTHING BIN
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.
SOLICITATION or SOLICIT
The request, directly or indirectly, for money, credit, property
(including clothing), financial assistance, or other thing of any
kind of value. "Solicitation" shall include, but not be limited to,
the use or employment of canisters, cards, receptacles or similar
devices for the collection of clothing, 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.
This chapter shall be enforced by the Building Department, Borough
Construction Official, and/or Zoning Officer, as applicable. All clothing
bins shall be subject to inspection by the Building Department or
any duly authorized representative of the Borough.
The provisions of this chapter may be waived or suspended as
to bins which are owned and operated by a nonprofit entity by the
Borough Council in its sole discretion, with such determination to
be made on a case-by-case basis.