As used in this chapter, the following terms have the meanings
indicated:
CLOTHING/MATERIAL BIN
Any enclosed receptacle or container made of metal, steel
or any other material, or similar pattern and design, which are intended
for the donation and/or the temporary storage of clothing or other
materials.
OWNER or RESPONSIBLE PARTY
The owner or entity whether individual, corporation, partnership,
trust, limited liability company or other business entity on the initial
application or annual renewal application responsible for the receptacle
and/or clothing/material donation clothing bin. For the purpose of
this chapter, "owner" shall also include all corporate officers, partners,
trustees, trust beneficiaries, members of LLCs or others with a control
interest, no matter the form.
RECEPTACLE
Any container, regardless of size or construction, which
was used for the collection of clothing.
It shall be unlawful for any person, firm, partnership, corporation,
whether for profit or not for profit, to place or cause to be placed
a receptacle and/or clothing/material donation bin within the Borough
of Roselle without having first obtained a permit from the Code Enforcement
Division. In no event shall a receptacle be placed on residential
property or in a residential district. The total amount of receptacles
and/or clothing/material donation bins in the Borough of Roselle shall
not exceed a maximum of 12. There shall be no more than two receptacle
and/or clothing/material donation bin permits issued to any one owner
or responsible party.
On a permit form furnished by the Borough of Roselle, contact
information, permit number, permit date of expiration shall be included
on the permit.
The fee for issuance of a permit or annual renewal of permit
to place a receptacle or clothing/material donations bin as described
herein within the Borough of Roselle shall be $25 for each receptacle
and/or clothing/material donations bin. Annual renewals are due on
the date of the initial permit. Fees are imposed to offset the costs
involved in enforcing P.L.2007, c.209 (N.J.S.A. 40:48-2.60 et seq.).
The receptacles and/or clothing/material donations bin shall
be maintained in a clean, sanitary condition, painted and in good
working order. Each receptacle shall be emptied regularly at least
once each month or sooner, as dictated by the amount of items placed
inside of the bin. No items shall be permitted to remain in the area
surrounding the bin.
In addition to any other penalties or remedies authorized by
the laws of the State of New Jersey, any owner or responsible party
who violates any provision of P.L.2007, c.209 (N.J.S.A. 40:48-2.60
et seq.) which results in seizure of the donation clothing bin shall
be:
A. Subject to a penalty of up to $20,000 for each violation. The Code
Enforcement Officer may bring this action in the Municipal Court or
Superior Court as a summary proceeding under the "Penalty Enforcement
Law of 1999," P.L.1999, c.274 (N.J.S.A. 2A:58-10 et seq.), and any
penalty monies collected shall be paid to the Borough of Roselle;
and
B. Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to Section 2 of P.L.2007, c.209
(N.J.S.A. 40:48-2.61). An owner or responsible party disqualified
from placing, using, or employing a receptacle and/or clothing/material
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 the Borough of Roselle
Code Enforcement Department to have the owner or responsible party's
eligibility restored. The Borough of Roselle Code Enforcement Department
may restore the eligibility of a person who:
(1) Acts within the public interest; and
(2) Demonstrates that he made a good faith effort to comply with the
provisions of P.L.2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) and all
other applicable laws and regulations, or had no fraudulent intentions.