[HISTORY: Adopted by the Mayor and Council of the Borough
of East Rutherford 4-18-2017 by Ord. No. 2017-04. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind or value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
A.
Whereas, pursuant to N.J.S.A. 40:48-2.60 et seq., entities utilizing
clothing bins for the receipt of donations are required to obtain
a permit from the municipality permitting such use;
B.
Notwithstanding any other provision of law to the contrary, no person
shall place, use, or employ a donation clothing bin within the Borough
of East Rutherford for solicitation purposes without obtaining a permit
from the Building Department. Permits are renewable on an annual basis
during the month of January.
A.
The application fee, which must be submitted with the application,
shall be $25.
B.
The fee for annual renewal of the permit shall be $25 per bin and
will be used to offset the costs involved in enforcing this chapter.
C.
All permits and renewals obtained shall be in effect for one year
and shall expire on December 31 of the year of the permit and renewals.
D.
The Building Department shall not be authorized to issue more than
20 total clothing donation bin permits within the Borough, and no
more than three at any given site.
A.
The application for obtaining a permit shall include:
(1)
The location where the bin would be situated, as precisely as possible;
(2)
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 the collected donations would
be allocated or spent;
(3)
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 subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office; and
(4)
Written consent from the property owner to place the bin on his or
her property.
B.
The owner/applicant shall be recognized as a charitable nonprofit
501(c)(3) corporation, organization, or an officer of such corporation
or organization on whose behalf the application is being made. Such
applicant shall submit the required sufficient documentation demonstrating
the formal creation and recognition by the Internal Revenue Service
of the establishment and present status of the charitable corporation
or organization.
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 may be made in these
processes 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 of the new location, and approved by the Building
Department.
A.
The Borough of East Rutherford 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 donation
clothing 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.
B.
The person placing, using or employing a donation clothing 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.
D.
No donation clothing bin shall be placed on any municipally owned
property, except with the written authorization of the Mayor and Council.
E.
No bin will be authorized in any residential zone.
F.
Bins will be authorized in business zones only and are subject to
annual renewal.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A.
The permit number and its date of expiration;
B.
The name and address of the registered person who owns the bin, and/or
any other entity which may share or profit from any clothing or other
donations collected via the bin;
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;
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, consistent with the information provided to the Borough
in the most recent permit or renewal application, indicating the manner
in which the owner 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.
A.
The Building Department shall receive and investigate, within 30
days, any complaints from the public about the bin. Whenever it appears
to the Code Enforcement 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, and the property owner, shall be issued
a warning, stating that if the violation is not rectified or a hearing
with the Borough of East Rutherford Mayor and Council is not requested
within 45 days, the bin will be seized or removed at the expense of
the person who placed the bin and the property owner. 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 and the property
owner do not rectify the violation or request a hearing within 45
days of the posting of the warning, the Borough of East Rutherford
may seize the bin, remove it, or have it removed, at the expense of
the person who placed the bin, and the property owner, 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 Borough of East Rutherford.
A.
Penalties.
(1)
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.), shall be subject to the following penalties:
(2)
Any penalty monies collected shall be paid to the Chief Financial
Officer of the Borough; and
B.
Any person or organization may be deemed ineligible to place, use,
or employ a donation clothing bin for solicitation purposes pursuant
to this chapter and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61). A person
disqualified from placing, using, or employing a donation clothing
bin by violating the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60
et seq.), may apply to Borough Council to have that person's
eligibility restored. Borough Council may restore the eligibility
of a person who:
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistencies.
Should any sentence, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
This chapter shall take effect upon its final passage, publication
and adoption in the manner prescribed by law. It shall apply to all
donation clothing bins in place on the effective date and to all donation
clothing bins placed or to be placed subsequent to the effective date.
