[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 3-26-2009 by Ord. No. 2009-06. Amendments noted
where applicable.]
Notwithstanding any other provision to the contrary, no person
shall place, use or employ a donation clothing bin, for solicitation
purposes, unless the following requirements are met:
A.
The donation clothing bin is owned by a charitable organization
registered with the Attorney General of the State of New Jersey pursuant
to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.) or any person; and
B.
The registered charitable organization or the person has
obtained a zoning permit valid for a period of one year, from the
Zoning Officer in accordance with this chapter.
A.
In applying for such a zoning permit, the registered
charitable organization or person shall include:
(1)
The location where the bin would be situated, as precisely
as possible;
(2)
The manner in which the charitable organization or
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;
(3)
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;
(4)
The schedule of pick-ups 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 pick-up; and
(5)
Written consent from the property owner, or the owner's
authorized representative, to place the bin on his/her property.
B.
The Zoning Officer 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 any place which stores large amounts of,
or sells, fuel or other flammable liquids or gases.
C.
The fee for such application for the zoning permit
shall be $25 annually for each bin.
D.
An expiring zoning permit for a donation clothing bin
may be renewed by a charitable organization or person upon payment
of the $25 renewal fee and by application that shall include the following
information:
(1)
The location where the bin is situated, as precisely
as possible, and, if applicant intends to move it, the new location
where the bin would be situated after the renewal is granted;
(2)
The manner in which the person 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 person anticipates it may make in these
processes during the period covered by the renewal;
(3)
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;
(4)
The schedule of pick-ups 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 date of pick-up; and
(5)
Written consent from the property owner, or the owner's
authorized representative, to place the bin on his/her property.
The following information shall be clearly and conspicuously
written in either paint or permanent marker on the exterior of the
donation clothing bin:
A.
The name and address of the registered charitable organization
or 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;
B.
The telephone number of the organization'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 charitable organization
does not satisfy this requirement; and
C.
The charitable organization's registration number,
permit number and its date of expiration.
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 charitable
organization or 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 Zoning Officer shall receive and investigate, within 45
days, any complaints from the public about the bin.
A.
Whenever it appears to the Zoning Officer that an organization
or a person has engaged in or is engaging in any act or practice in
violation of this ordinance, the organization or person who placed
the bin shall be issued a warning, stating that if the violation is
not rectified or an appeal taken within 15 days, then the bin, any
clothing or other donations collected via the bin will be sold at
public auction. In addition to any other means used to notify the
person or organization who placed the bin, a warning shall be affixed
to the exterior of the bin itself.
B.
In the event that the person or organization who placed
the bin does not rectify the violation or request a hearing within
15 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 or organization
who placed the bin, and sell it 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.
C.
In addition to any other penalties or remedies under
this ordinance, any person or organization who violates any provision
which results in the seizure of the donation clothing bin shall be
subject to a penalty of up to $500 for each violation.
