[HISTORY: Adopted by the Mayor and Council of the Borough of Waldwick 2-22-94 as Ord. No. 2-94; amended 11-14-06 by Ord. No. 22-06]
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:
COMMERCIAL COMPLEX
Any configuration of four or more retail establishments.
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.
a. 
The receptacle shall be located in such a manner that it will not be necessary to park in a driveway or on an access drive for parking stalls while depositing used clothing.
b. 
The receptacle shall not be placed in any parking spaces, roadways, sidewalks and/or walkways or in any buffer areas and shall be no closer than three feet to any property line
c. 
The areas adjacent to the receptacle shall be kept clear of all boxes and debris.
d. 
The receptacle shall be permitted in side and rear yards, but not within front yard.
e. 
The receptacle shall not be located in a parking stall designated to meet the parking requirements of the on-site uses.
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.