City of Paterson, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Paterson 9-20-2016 by Ord. No. 16-064. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BIN FOR DONATED ITEMS or DONATION BIN
An enclosed receptacle whose exterior length, width and breadth are each greater than two feet, or whose exterior volume is greater than 10 cubic feet, designed to be used exclusively for the donation and the temporary storage of clothing or other donated goods.
Any person seeking to place, use, employ or maintain a donation bin, as defined in this chapter, in the City of Paterson must first apply for and obtain a donation bin permit from the Director of Public Works or his designee, for each such container.
A. 
A fee of $250 shall be required for the said permit, to be collected by the Director of Public Works or his designee, to authorize placement of the donation bin for a period of one year.
B. 
The permit shall be renewable, upon application to the Director of Public Works or his designee, for an annual fee of $250.
A. 
A completed initial application for a donation bin permit shall (in fulfillment of the requirements of N.J.S.A. 40:48-2.61 et seq.) state the following:
(1) 
The location where the bin would be situated, as precisely as possible, including not only the street address, but also a precise description of where on the property the donation bin would be located.
(2) 
The manner in which the applicant 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, address and telephone number of the bona fide office of any person or entity that owns the bin, and any person or entity that may share or profit from any clothing or other donations collected via the bin.
(4) 
Written consent from the property owner to place the bin on his or her property.
(5) 
The applicant's certification that the donation bin shall not be placed within 100 yards of any place that stores large amounts of, or sells, fuel or other flammable liquids or gases, or in any other location that would constitute a safety hazard.
(6) 
If the applicant is a limited liability company or corporation, the application shall also include the name and address of the company's registered agent as well as a contact person.
B. 
A completed renewal application for a donation bin permit shall (in fulfillment of the requirements of N.J.S.A. 40:48-2.61 et seq.) state the following:
(1) 
The location where the bin is situated, as precisely as possible, and, if the applicant for renewal 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 his property.
(2) 
The manner in which the applicant for renewal has used, sold, or dispersed any clothing or other donations 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 these processes during the period covered by the renewal.
(3) 
The name, address and telephone number of the bona fide office of any person or entity that owns the bin, and any person or entity that shared or profited from any clothing or other donations collected via the bin, and of any persons or entities that may do so during the period covered by the renewal.
(4) 
The certification of the applicant for renewal that the donation bin shall not be placed within 100 yards of any place that stores large amounts of, or sells, fuel or other flammable liquids or gases, or in any other location that would constitute a safety hazard.
C. 
The donation bin shall prominently display the donation bin permit issued by the Department of Public Works, which (in fulfillment of the requirements of N.J.S.A. 40:48-2.61 et seq.) shall state the following:
(1) 
The permit number and its date of expiration.
(2) 
The name, and address and telephone number of the person and/or organization that owns the bin, and of any other organization that may share or profit from any clothing or other donations collected via the bin;
(3) 
In cases when any entity other than the person or organization that 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 or organization that owns the bin, and identifying all such entities which may share or profit from such donations.
(4) 
A statement, consistent with the information provided in the most recent application or renewal application, indicating 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.
A. 
All clothing donation bins must be placed on the property of the person or organization who owns the bin, or with the express written consent of the owner of the property.
B. 
No clothing donation bin shall be placed on public property or on a public street or sidewalk.
C. 
All owners of clothing donation bins shall be required to maintain such bin in a sanitary condition.
D. 
All owners of clothing donation bins shall be required to provide a monthly maintenance schedule that includes the following information:
(1) 
The name, address and telephone number of any person or company responsible for the maintenance of clothing bin; and
(2) 
The frequency with which the clothing bin is cleaned and maintained.
E. 
Additionally, all owners of clothing donation bins shall submit quarterly tonnage reports to the municipal recycling coordinator.
The Department of Public Works shall receive and investigate, within 30 days, any complaints from the public about the donation bin. Whenever it appears to the Department of Public Works that a person and/or organization has engaged in, or is engaging in any act or practice in violation of N.J.S.A. 40:48-2.61 et seq. (the substantive portions of which have been recapitulated above as § 134-4 of this chapter). The person and/or organization that placed the bin shall be issued a notice of violation via regular and certified mail to the address provided in the application form, and the said notice of violation shall also be affixed to the exterior of the bin itself. The notice of violation shall state that if the violation is not rectified within 45 days of the posting of the notice of violation, the bin will be seized or removed at the expense of the person and/or organization who placed the bin, any clothing or other donations collected via the bin will be sold at a public auction or otherwise disposed of, and a substantial monetary penalty (of a specific amount to be stated in the notice of violation) will be assessed pursuant to § 134-7 of this chapter.
In the event that any person or organization who placed such a bin in violation of N.J.S.A. 40:48-2.61 (the substantive portion of which has been recapitulated above as § 134-4 of this chapter) does not, within 45 days of the posting of the notice of violation, rectify the violation, any or all of the following steps may be taken:
A. 
Seizure. The Department of Public Works may seize the bin, remove it or have it removed at the expense of any person or organization who placed the bin, sell it at public auction, or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from such sales shall be paid to the City Department of Finance.
B. 
Penalties. In addition to seizure of the bin, the Department of Public Works may bring a civil action in the Superior Court or Municipal Court to enforce the penalty previously set forth in the notice of violation, pursuant to N.J.S.A. 40:48-2.63, for up to $20,000 for each violation, with a minimum penalty in the amount of $2,000. Any penalty monies collected shall be paid to the City Department of Finance.
C. 
Disqualification. The person or organization who placed the bin shall be disqualified from eligibility to place, use, employ or maintain a clothing donation bin in the City of Paterson.
A. 
A person or organization disqualified from placing, using, employing or maintaining a donation clothing bin by violating the provisions of this chapter may apply to the Department of Public Works to have that person or organization's eligibility restored. The Department of Public Works may restore the said eligibility where both of the following conditions are met:
(1) 
The seized bin had been placed with the intent of promoting the public interest; and
(2) 
The applicant had undertaken a good faith effort to comply with the provisions of this chapter and all other applicable laws and regulations, with no fraudulent intentions.
A. 
All clothing donation bins existing on the effective date of this chapter shall move to comply with the provisions of this chapter within 30 days of the effective date of this chapter.
B. 
Any existing clothing donation bin that fails to comply with the terms of this section shall be made subject to the terms of §§ 134-6 and 134-7 of this chapter.