[HISTORY: Adopted by the Mayor and Council of the Borough
of Bradley Beach 1-24-2017 by Ord.
No. 2017-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Public nuisances — See Ch. 314.
Peddling and soliciting — See Ch. 344.
Portable storage units and dumpsters — See Ch. 348.
[1]
Editor's Note: This ordinance was adopted as Ch. 349, but
was renumbered to maintain the organization of the Code.
A bulk storage container for the collection of donations
of clothing.
A.
Notwithstanding any other provision of law to the contrary, no person
shall place, use, or employ a clothing donation bin within the Borough
for solicitation purposes unless all of the following requirements
are met:
(1)
The clothing donation bin is owned or sponsored by a charitable organization
registered pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.),
or is sponsored by any department of the Borough.
(2)
The registered charitable organization has obtained a permit, valid
for a twelve-month period, from the Borough's Code Enforcement
Officer in accordance with the following:
(a)
In its application for such a permit, the registered charitable
organization shall indicate:
[1]
The location where the bin is currently situated or proposed
to be situated;
[2]
The manner in which the charitable organization 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
charitable organization and any entity which may share or profit from
any clothing or other donations collected via the bin; and
[4]
Written consent from the owner to place the bin on its property.
B.
The Code Enforcement Officer shall not grant a permit to place, use,
or employ a clothing donation 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.
C.
The clothing bin shall be shielded from view of all residential properties.
D.
Placement of the bin(s) shall not result in the elimination of any
parking spaces, unless the reduction in parking spaces is still adequate
for the use of the property and meets the parking requirements per
the ordinance or zoning approvals.
E.
The location of the bin(s) shall not interfere with the free flow
of pedestrian and vehicular traffic.
F.
No more than two bins shall be permitted on any location.
G.
The Code Enforcement Officer shall impose a fee for such application,
in the amount of $50 annually for each bin to offset the costs involved
in enforcing this section.
H.
An expiring permit for a clothing donation bin may be renewed upon
application for renewal and payment of the applicable annual fee.
Such application for renewal shall include information detailing:
(1)
The location where the bin is situated, and, if the person intends
to move it, the new location where the bin would be situated after
the renewal is granted and written consent from the property owner
to place the bin on its property;
(2)
The manner in which the charitable organization 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 charitable organization anticipates
it may make in the processes during the period covered by the renewal;
and
(3)
The name and telephone number of the bona fide office of the charitable
organization and 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.
I.
The permit number and its date of expiration shall be clearly and
conspicuously displayed on the exterior of the clothing donation bin.
J.
The registered charity, and any other entity which may share or profit
from any clothing or other donations collected via the bin, must present
proof that it maintains a bona fide office where a representative
of the charitable organization or other entity, respectively, can
be reached at a telephone information line during normal business
hours for the purpose of offering information concerning the charitable
organization or other entity. For the purposes of this subsection,
an answering service unrelated to the charitable organization does
not constitute a bona fide office.
K.
The following information shall be clearly and conspicuously displayed
on the exterior of the clothing donation bin:
(1)
The name and address of the registered charitable organization that
owns or is the sponsor of the bin, and of any other entity which may
share or profit from any clothing or other donations collected via
the bin;
(2)
The registered charitable organization's charitable registration
number;
(3)
The telephone number of the registered charitable 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;
(4)
In cases when any entity other than the entity which 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 entity which owns the bin, and identifying
all such entities which may share or profit from such donations; and
(5)
A statement, consistent with the information provided to the Borough
in the most recent permit or renewal application indicating the manner
in which the entity 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.
It shall be the duty of each registered charitable organization
issued a permit hereunder to properly maintain and service any clothing
donation bin placed within the Borough so as to prevent such clothing
bin from creating any nuisance, hazardous or unsafe conditions.
The Code Enforcement Officer or other person designated by the
Borough Council as a person authorized to enforce the provisions of
this chapter shall, upon receipt of a complaint by a local resident
or any other person that a clothing donation bin is causing a nuisance,
hazardous or unsafe condition, investigate such complaint and take
such enforcement action as is permitted pursuant to this chapter.
The Code Enforcement Officer shall not be authorized to issue more
than 10 total clothing donation bin permits within the Borough, and
no more than two at any given site.
The owner of any clothing donation bin which is sponsored by
any department of the Borough shall be required to comply with the
licensure requirements hereof, but shall specifically be exempt from
the fee requirement hereof.
