[HISTORY: Adopted by the City Council of the City of Garfield 4-23-2013 by Ord. No.
2652. Amendments noted where applicable.]
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.
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a clothing donation bin, within
the City of Garfield, for solicitation purposes, unless they have
obtained a permit for a period of one year issued by the Superintendent
of Public Works.
The annual permit fee is $100 per bin 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 City
of Garfield 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 their
property; and
An expiring permit may be renewed upon application and payment
of a renewal fee of $100 per bin. 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 the manner in which other donations have
been allocated or spent, and any changes the person anticipates it
may make in this process 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
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 City of Garfield 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.
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 the Superintendent of the
Department of Public Works;
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; and
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.
A.
The Code Enforcement Office shall receive and investigate, within
30 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 45 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 45 days of the posting of
the warning, the City of Garfield 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 City of
Garfield.
In addition to any other penalties or remedies authorized by
the laws of this state, any person or entity violating 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 City
may bring this action in the City of Garfield 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 City of Garfield;
and
B.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this section 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
City Council to have that person's eligibility restored. The
City Council may restore the eligibility of a person who:
