On application to the Borough Council, the Borough Council may
by resolution, permit the outdoor display and/or sale of merchandise
on sidewalks and adjoining areas subject to the conditions contained
herein. Following the adoption of the enabling resolution, permits
shall be issued by the Borough Clerk.
The applicant shall provide a sketch drawing showing the area
to be used for outdoor display or sale. This area shall not be an
off-street parking place nor shall it be obstructive to easy ingress
and egress from the building or create a fire hazard. Outdoor displays
or sales shall abut the principal building and shall leave a minimum
of four feet of unimpeded sidewalk as measured from the curb for pedestrian
traffic. Merchandise shall be securely and adequately placed so that
it will not endanger passersby, or be stored indoors as to create
a safety or fire hazard.
The applicant shall also certify to the following as part of
the application package:
A. No food or food stuffs be displayed or offered for sale unless approved
and permitted by the Board of Health.
B. The outdoor display and sale be restricted to areas zoned for business
and be in accord with all zoning regulations pertaining thereto.
C. All participating displayers or sellers shall own or lease permanent
premises where the outdoor display or sale will be conducted.
D. The permit would not adversely affect the public welfare.
E. No additional signage for the outdoor display merchandised.
The application will require a fee as per Chapter
48 of the Code.
The permit shall be good for one year and shall run from April
1st through March 31st. If, during the course of the permit, the area
used for outdoor display is expanded, a new application and permit
shall be required for the balance of the term.
The provisions of this chapter shall not apply to Borough Council
sanctioned Merchant's Days.
Enforcement of the provisions of this chapter shall be under
the jurisdiction of the Zoning Code Official and the Police Department.
Penalties for noncompliance are contained in Chapter 1-14-1.
An ordinance to regulate the location and quantity of clothing
receptacles in and around the Borough of Waldwick, so as to protect
the public safety and welfare and to prescribe penalties for failure
to comply.
For the purpose of this ordinance, the following terms shall
have the meanings indicated in the text of this Chapter:
RECEPTACLE
A container that is used for the collection of used clothing.
[Amended 5-27-08 by Ord. No. 9-08]
a. No person, firm, partnership, corporation, or other entity, whether
for profit or not-for-profit, shall place or cause to be placed a
receptacle within the Borough of Waldwick without first obtaining
a permit, enclosing a sketch of the location with the permit application,
and paying the annual fee as required in Chapter 48-62A-9. In no event
shall a Receptacle be placed on residential property or in a residential
district. Receptacles may not be placed within 100 yards of any place
that stores large amounts of, or sell, fuel or other flammable liquids
or gases as pursuant to N.J.S.A. (40.48-2.60 et seq.).
b. The application for a permit to place a receptacle within the Borough
of Waldwick shall be made in writing to the Zoning Officer and signed
by the applicant. The application shall set forth:
(1) The name, address, and telephone number of the applicant;
(2) The location sketch of where the receptacle is to be placed;
(3) The name, address, and telephone number of the owner of the property
where the receptacle is to be placed, with a written authorization
from the owner for the placement of the receptacle.
[Amended 5-27-08 by Ord. 9-08]
a. No more than three receptacles shall be located within any Commercial
Complex.
b. Each receptacle shall not exceed five feet in depth, eight in width,
and six feet in height.
c. Each receptacle shall have an identifying logo, name, or wording
for the use or nature of the same.
d. The receptacle shall be located in a clearly visible and well-lighted
area to permit inspection and enforcement.
e. The permit number and its date of expiration along with the name,
address and telephone number of the registered person that owns the
bin shall be clearly and conspicuously displayed on the exterior of
the clothing receptacle.
f. A statement, consistent with the information provided on your permit/renewal
application, indicating the manner in which the clothing donation
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 shall be clearly and conspicuously displayed on the exterior
of the clothing receptacle.
The receptacles 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.
[Amended 5-27-08 by Ord. 9-08]
This ordinance shall be enforced by the Zoning Officer of the
Borough of Waldwick. Penalties for non-compliance are contained in
Chapter 1-14-1.
a. The owner of the clothing receptacle and the property owner shall
be liable for violating any of the foregoing conditions.
b. No summons for a violation of this section shall be issued unless
the owner of the clothing receptacle and the property owner have been
given 48 hours to correct the violation, and has failed to correct
the violation within that 48-hour time period. The 48 hour time period
shall be exclusive of Saturdays, Sundays, and holidays. For the purpose
of this section, every 48-hour period, exclusive of Saturdays, Sundays,
and holidays is a separate offense for which an additional summons
shall be issued.
c. The issuance of three (3) notices of violation and three (3) convictions
within a 12-month period shall result in a revocation of the special
permit for a period of 12 months commencing on the date of the issuance
of the summons for the third offense. Notice of the revocation of
the permit shall be sent to the owner of the receptacle and the property
owner, notifying them that the receptacle must be removed within five
(5) days of the notice of revocation. In the event the receptacle
is not removed within five (5) days of the date of notice of revocation,
a summons shall be issued to the property owner for violation of this
section and the municipality shall remove the clothing receptacle
from the site. The municipality shall store said clothing receptacle
for thirty days and if unclaimed by the owner, the Borough shall have
the right to remove any articles from the receptacle and scrap the
container. All proceeds from the sale of articles and scrap value
of the container shall reside with the Borough.
d. This ordinance shall supplement N.J.S.A. 40:48-2.60 et seq. and the
Borough of Waldwick specifically reserves the right to enforce any
and all provisions in their statutes not explicitly covered as written
and subsequently amended.