[HISTORY: Adopted by the Borough Council of the Borough of
Lincoln Park 4-16-2012 by Ord. No. 10-12, effective 5-6-2012 (Ch. 145 of
the 1991 Code). Amendments noted where applicable.]
The following terms, whenever used or referred to in this chapter,
shall have the following respective meanings for the purposes hereof:
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 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.Â
The person has obtained a zoning permit valid for a period of one
year from the Borough Department of Engineering and Development in
accordance with the following:
(1)Â
In applying for such a zoning permit, the person shall provide:
(a)Â
The location where the bin will be situated, as precisely as
possible;
(b)Â
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;
(c)Â
The name and telephone number of the bona fide office of the
applicant and of any entity which may share or profit from any clothing
or other donations collected via the bin;
(d)Â
The schedule of pickups removing the articles from the 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 bin is overflowing prior
to the scheduled date of pickup; and
(e)Â
Written consent from the property owner or the owner's authorized
representative to place the bin on his/her property.
(2)Â
The Borough Department of Engineering and Development shall not grant
an application for a zoning permit to place, use, or employ a donation
clothing bin if it determines that the placement of the bin is either
in the front yard setback or could constitute a safety hazard. Such
hazards shall include, but are not limited to, the placement of a
donation clothing bin in parking spaces, in any area that interferes
with pedestrian or vehicular traffic, or within 100 yards of any place
which stores large amounts of, or sells, fuel or other flammable liquids
or gases.
(4)Â
An expiring zoning permit for a donation clothing bin may be renewed upon payment of the renewal fee as provided in Chapter 34, Fees, and by application that shall include the following information:
(a)Â
The location where the bin is situated, as precisely as possible,
and, if the applicant intends to move it, the new location where the
bin would be situated after the renewal is granted;
(b)Â
The manner in which the applicant has used, sold or dispersed
any clothing or other donations collected via the bin, the method
by which the proceeds of collected donations have been allocated or
spent, and any changes the applicant anticipates it may make in these
processes during the period covered by the renewal;
(c)Â
The name and telephone number of the bona fide office of the
applicant and 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;
(d)Â
The schedule of pickups removing the articles from the bin,
which can be no less often than once per week, and the name and telephone
number of the person to be notified if the bin is overflowing prior
to the date of pickup; and
(e)Â
Written consent from the property owner or the owner's authorized
representative to place the bin on his/her property;
B.Â
The following
information shall be clearly and conspicuously written in either paint
or permanent marker on the exterior of the donation clothing bin:
(1)Â
The name and address of the registered person that owns the bin,
and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
(2)Â
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. The telephone number of an answering machine or service
unrelated to the person that owns the bin does not satisfy this requirement;
(3)Â
The registration number, permit number and date of expiration for
that bin;
(4)Â
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
(5)Â
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.
The Borough Department of Engineering and Development shall
receive and investigate, within 30 days, any complaints from the public
about the donation clothing bins.
A.Â
Whenever it appears to the Borough that an organization or a person
has engaged in or is engaging in any act or practice in violation
of this chapter, the organization or person who placed the bin shall
be issued a warning, stating that if the violation is not rectified
or a hearing before the Zoning Board of Adjustment requested within
45 days, then 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, a warning shall be affixed to the exterior of
the bin itself.
B.Â
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.
In addition to any other penalties or remedies under this chapter, any person violating any of the provisions of this chapter shall, upon conviction, be subject to a penalty as provided in § 1-2 of this Code.
