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.
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.