[HISTORY: Adopted by the Township Committee of the Township of Middletown 3-16-2009 by Ord. No. 2009-2954 (Ch. 99 of the 1996 Township Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CLOTHING DONATION BIN
- Any receptacle or container made of metal, steel, or 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 Township of Middletown, for solicitation purposes, unless:
The clothing donation 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.); and
The registered charitable organization has obtained a permit for a period of one year issued by the Township Clerk.
[Amended 2-6-2017 by Ord. No. 2017-3185]
The annual permit fee per bin, as provided in Chapter 240, Fees, will be used to offset the costs involved in enforcing this chapter. Domestic registered charitable organizations, however, located within Middletown Township 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:
The location where the bin would be situated, as precisely as possible pursuant to § 99-6;
[Amended 4-3-2017 by Ord. No. 2017-3190]
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 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; and
Written consent from the property owner to place the bin on their property.
In addition to the above application requirements, renewal applications must include:
A statement on the manner in which the person 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 person anticipates it may make in this process during the period covered by the renewal;
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
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.
[Amended 4-3-2017 by Ord. No. 2017-3190]
The Township 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.
Clothing bins shall only be located in nonresidential zoning districts and shall be placed in the side or rear yard of the property and shall not be closer than 250 feet from an adjacent residential dwelling.
No more than three receptacles shall be located within any single property or complex.
Each clothing bin shall not exceed six feet in depth, eight feet in width and six feet in height.
The clothing bin shall be located in such a manner that it will not interfere with pedestrian and/or traffic circulation or otherwise cause a traffic hazard by virtue of any obstruction that it may create by its placement.
The receptacles shall be located in a clearly visible and well-lighted area to permit inspection and enforcement.
No clothing bin shall be placed in a required buffer area or within five feet of the rear property line, or in a sight triangle or fire zone.
No clothing bin shall be placed in any parking space and loading zones.
No clothing bin shall be placed on a vacant, unimproved lot and on lots containing unoccupied or abandoned buildings.
The proposed location of the clothing bin must be shown on a property survey or an aerial map and the distance must be clearly indicated therein.
The following information shall be clearly and conspicuously displayed on the exterior of the clothing donation bin:
The permit number and its date of expiration stating that a copy of the permit application is on file with the Township Clerk;
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
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.
The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the Zoning Officer 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.
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, Middletown Township 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 Township.
In addition to any other penalties or remedies authorized by the laws of this state, 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 clothing donation bin shall be:
Subject to a penalty of up to $20,000 for each violation. The Township may bring this action in the Middletown Township 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 Chief Financial Officer of the Township; and
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 Township Committee to have that person's eligibility restored. The Township Committee may restore the eligibility of a person who: