[MC 2012-19, November 26, 2012]
Shall mean the agency determined by resolution of the City
Council of Plainfield.
Shall mean a place where a representative of the person or
entity, respectively, can be reached by telephone information line
during normal business hours for the purpose of offering information
concerning the person or other entity. For the purposes of this section
an answering service unrelated to the person does not constitute a
bona fide office.
Shall mean 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 things of value. A solicitation
shall take place whether or not the person making the solicitation
receives any contribution.
[MC 2012-19, November 26, 2012]
Notwithstanding any provisions to the contrary, no person shall
place, use, or employ a donation clothing bin, for solicitation purposes,
unless all of the following requirements are met:
(a)
The owner of the bin has obtained a permit, valid for a specific
period of time, from the appropriate municipal agency within the City
of Plainfield in which the donation clothing bin will be placed, in
accordance with the following:
(1)
In application for such a permit, the owner shall include:
(A)
The location where the bin(s) would be situated, as precisely
as possible;
(B)
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;
(C)
The name, and telephone number of the bona fide office of any
entity which may share or profit from any clothing or other donations
collected via the bins; and
(D)
Written consent from the property owner to place the bin on
his property.
[MC 2012-19, November 26, 2012]
The appropriate municipal agency 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 one hundred (100) yards of any place
which stores large amounts of, or sells, fuel or other flammable liquids
or gases.
[MC 2012-19, November 26, 2012]
The appropriate municipal agency may impose a fee for such application,
not to exceed Twenty-Five Dollars ($25.00) to offset the costs involved
in enforcing this article.
(a)
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of any fee imposed by the appropriate
municipal agency for such renewal, not to exceed Twenty-Five Dollars
($25.00) annually, to offset the costs involved in enforcing this
article. Such application shall include:
(1)
The location where the bin is situated, as precisely as possible,
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 his property;
(2)
The manner in which the person 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; and
(3)
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 bins, and of any entities which may do so during
the period covered by the renewal.
[MC 2012-19, November 26, 2012]
The permit number and its date of expiration shall be clearly
and conspicuously displayed on the exterior of the donation clothing
bin, in addition to the following information:
(a)
The name and address of the registered person that owns the bin,
and any other entity which may share a profit from any clothing or
other donations collected via the bins;
(b)
The telephone number of the owners or the owners' bona fide office
and if applicable, the telephone number of the bona fide office of
any other entity which may share a profit from any clothing or other
donations collected via the bins:
(c)
When an entity other than the person who owns the bin may share a
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, the proceeds,
or both may be shared or given entirely to an entity other than the
person who owns the bins, and identify all such entities that may
share profit from such donations;
(d)
A statement consistent with information provided to the appropriate
municipal agency in the most recent permit or renewal applications,
indicating that 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.
[MC 2012-19, November 26, 2012]
(a)
The appropriate municipal agency shall receive and investigate within
thirty (30) days any complaints from the public about the bin.
(b)
Whenever it appears to the above agency that a person has engaged
or is engaged in any act or practice in violation of this article,
the person who placed the bin shall be issued a warning, stating that
if the violation is not rectified or a hearing with the appropriate
municipal agency is not requested in forty-five (45) days, the bin
will be seized or removed at the expense of the person who placed
the bin, and clothing and any other donations collected via the bin
will be sold at public auction or otherwise disposed of. In addition
to other forms of notification used to notify the owner who placed
the bin, such warning shall be affixed to the exterior of the bin
itself.
(c)
In the event the owner or person who placed the bin does not rectify
the violation or request a hearing within forty-five (45) days of
the posting of the warning, the appropriate municipal agency may seize
the bin, remove it, or have it removed, at the expense of the person
who placed the bin, 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 City of Plainfield.
[MC 2012-19, November 26, 2012]
In addition to any other penalties or remedies authorized by
the laws of the State, any person who violates any provision of this
article which results in seizure of the donation clothing bin shall
be:
(a)
Subject to a penalty up to Twenty Thousand Dollars ($20,000.00) for
each violation. The appropriate municipal agency may bring this action
in the Municipal or Superior Court as a summary proceeding under the
"Penalty Enforcement law of 1999," and any penalty monies collected
shall be paid to the Chief Financial Officer of the City of Plainfield.
(b)
The person disqualified from placing, using, or employing a donation
clothing bin by violating the provisions of this article may apply
to the appropriate municipal agency to have that person's eligibility
restored.
[MC 2012-19, November 26, 2012]
Any and all clothing bins are prohibited in all residential
zones and or in front of any type of residence.
