[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:
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:
A.
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
B.
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:
A.
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]
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; and
D.
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.
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;
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
covered 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.
[Amended 4-3-2017 by Ord.
No. 2017-3190]
A.
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.
B.
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.
C.
No more than three receptacles shall be located within any single
property or complex.
D.
Each clothing bin shall not exceed six feet in depth, eight feet
in width and six feet in height.
E.
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.
F.
The receptacles shall be located in a clearly visible and well-lighted
area to permit inspection and enforcement.
G.
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.
H.
No clothing bin shall be placed in any parking space and loading
zones.
I.
No clothing bin shall be placed on a vacant, unimproved lot and on
lots containing unoccupied or abandoned buildings.
J.
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:
A.
The permit number and its date of expiration stating that a copy
of the permit application is on file with the Township Clerk;
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 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.
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, 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:
A.
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
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 Township
Committee to have that person's eligibility restored. The Township
Committee may restore the eligibility of a person who:
