As used in this section, the following terms shall have the
meanings indicated:
RECEPTACLE
Any container regardless of size or construction that is
used for the collection of used clothing.
The receptacles shall be maintained in a clean, sanitary condition,
painted and in good working order. Each receptacle shall be emptied
by the permittee regularly at a minimum of one time each week as specified
in the contract with the Borough. The areas adjacent to the containers
shall be kept clear of all boxes and debris.
The general penalty provision as contained in the Revised General
Ordinances of the Borough of Mendham shall apply. Each violation of
any of the provisions of this section and each day the same is violated
shall be deemed and taken to be a separate and distinct offense. In
addition, any person or entity who violates any provision of this
section shall be subject to a penalty of up to $2,000 for each violation
pursuant to N.J.S.A. 40:48-2.60 et seq. The Borough may bring this
action in the Municipal Court or the Superior Court of New Jersey
as a summary proceeding under the Penalty Enforcement Law of 1999.
Any penalty moneys collected therefrom shall be paid to the Chief
Financial Officer of the Borough. An entity violating this section
shall be deemed ineligible to place, use, or employ a receptacle for
solicitation purposes pursuant to N.J.S.A. 40:48-2.61 et seq. An entity
disqualified from placing, using, or employing a receptacle by violating
the provisions of N.J.S.A. 40:48-2.60 et seq. may apply to the Borough
Council to have eligibility restored. The Borough Council may restore
the eligibility of an entity who acts within the public interest,
and demonstrates that they have made a good faith effort to comply
with the provisions of N.J.S.A. 40:48-2.60 et seq. and all other applicable
laws and regulations and has no fraudulent intentions.