[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 8-28-12 as Ord. No. 2012-29. Amendments noted where applicable.]
Pursuant to N.J.S.A. 40:48-2.60 through 2.64, the purpose of
this chapter is to provide a uniform set of procedures for administering
the placement and maintenance of clothing bins within the Town of
Secaucus ("town"), as well as providing for a uniform set of procedures
for administering the issuance and revocation of all permits issued
by the town for the placement of clothing bins, consistent with state
law.
For purposes of this chapter, the following terms shall mean
as follows:
Any enclosed receptacle, container or other depository made
of metal, steel or a similar product and designed or intended for
the donation and the temporary storage of clothing or other materials.
The request, directly or indirectly, for money, credit, property
(including clothing), financial assistance, or other thing of any
kind of value. Solicitation shall include, but not be limited to,
the use or employment of canisters, cards, receptacles or similar
devices for the collection of clothing, money or other thing of value.
A solicitation shall take place whether or not the person making the
solicitation receives any contribution.
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a clothing bin, for solicitation
purposes, within the town without first obtaining a permit valid for
a period of one year, from the Town Construction Official as hereinafter
provided.
A.
On a form to be prepared by the Town Clerk, an application for a
permit to place and/or maintain a clothing bin shall be made in writing
to the Town Construction Official prior to placing and/or maintaining
the clothing bin.
B.
The application shall contain the following information.
(1)
Name, address and telephone number of the person, firm, corporation,
club or charitable organization, institution or association placing
and/or maintaining such clothing bin;
(2)
Name and address of the owner of the premises on which the clothing bin is to be located and the written consent of the owner, if the applicant is other than the owner, which consent shall be in the form of a notarized affidavit i) granting such consent pursuant to this chapter; ii) assuring compliance with Section 59-5 below; and iii) granting consent to the town, its Construction Official, and/or any other of its officials or representatives to enter the property for the purposes of inspection and to seize any clothing bin maintained in violation of this chapter;
(3)
The location where the clothing bin would be situated, as precisely
as possible;
(4)
A description including dimensions of the proposed clothing bin;
(5)
The manner in which the person, firm, corporation, club or charitable
organization, institution or association anticipates any clothing
or other donations collected via the clothing bin would be used, sold
or dispersed, and the method by which the proceeds of collected donations
would be allocated or spent; and
(6)
The schedule of pickups removing the articles from the clothing bins,
which can be no less often than once per week, and the name and telephone
number of the person to be notified if the clothing bin is overflowing
prior to the scheduled date of pickup.
C.
The fee for such application for the permit to place and/or maintain
a clothing bin shall be $25.
D.
An expiring clothing bin permit may be renewed upon payment of an
annual $25 renewal fee and by application on a form to be prepared
by the Town Clerk to the Town Construction Official for renewal that
shall include the following information:
(1)
Name, address and telephone number of the person, firm, corporation,
club or charitable organization, institution or association placing
and/or maintaining such clothing bin;
(2)
Name and address of the owner of the premises on which the clothing
bin is to be located and the written consent of the owner, if the
applicant is other than the owner, which shall be provided to the
town in the manner set forth in Section 59-4B(2)(i)-(iii), and, if
the applicant intends to move it, the new name and address of the
owner of the premises on which the clothing bin is to be located and
the written consent of the owner, if the applicant is other than the
owner, which also shall be provided in the manner set forth in Section
59-4B(2)(i)-(iii);
(3)
The location where the clothing bin is situated, as precisely as
possible, and, if the applicant intends to move it, the new location
where the clothing bin would be situated, as precisely as possible;
(4)
The manner in which the person, firm, corporation, club or charitable
organization, institution or association has used, sold or dispersed
any clothing or other donations collected via the clothing bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person, firm, corporation, club or charitable
organization, institution or association anticipates it may make in
these processes during the period covered by the renewal; and
(5)
The schedule of pickups removing the articles from the clothing bins,
which can be no less often than once per week, and the name and telephone
number of the person to be notified if the clothing bin is overflowing
prior to the scheduled date of pickup.
A.
The following information shall be clearly and conspicuously displayed
on the exterior of an approved clothing bin:
(1)
The permit number and its date of expiration;
(2)
The name and address of the registered person, firm, corporation,
club or charitable organization, institution or association that owns
the clothing bin, and of any other entity which may share or profit
from any clothing or other donations collected via the clothing bin;
(3)
The bona fide office telephone number of the person, firm, corporation,
club or charitable organization, institution or association and, if
applicable, the telephone number of any other entity which may share
or profit from any clothing or other donations collected via the bin;
(4)
In cases when an entity other than the person who owns the clothing
bin may share or 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, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person, firm, corporation, club or charitable
organization, institution or association who owns the bin, and identifying
all such entities which may share or profit from such donations; and
(5)
A statement indicating the manner in which the person, firm, corporation,
club or charitable organization, institution or association 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.
B.
An application for a permit to place and/or maintain a clothing bin
shall not be granted and a permit may be revoked if the Town Construction
Official determines that the placement of the bin could constitute
a health or safety hazard. Such hazards shall include, but are not
limited to, the placement of a clothing bin within 100 yards of any
place which stores large amounts of, or sells, fuel or other flammable
liquids or gases.
C.
Each clothing bin and surrounding area shall be maintained in a neat,
clean, and orderly condition. Failure to maintain the clothing bin
and surrounding area in a neat, clean and orderly condition shall
be cause for revocation of the permit granted hereunder.
D.
In no event shall a clothing bin be placed on residential property.
E.
No more than two clothing bins shall be located on any property,
except that additional clothing bins may be located on a property
upon the granting of a use variance.
F.
No clothing bin shall be permitted in front yard setbacks.
G.
The placement of the clothing bin shall not violate any variance
approval or site plan approval granted by the Town's Zoning Board
of Adjustment or Planning Board, including, but not limited to, the
reduction of on-site parking spaces.
This chapter shall be enforced by the Building Department, Town
Construction Official, and/or Zoning Officer, as applicable. All clothing
bins shall be subject to inspection by the Building Department or
any duly authorized representative of the town.
A.
The Building Department and/or Town Construction Official shall receive
and investigate within 30 days, any complaints from the public about
a clothing bin.
B.
Whenever it appears that a person, firm, corporation, club or charitable organization, institution or association has submitted fraudulent information on its application pursuant to Sections 59-4 or 59-5 of this chapter; has engaged in, or is engaging in any act, omission or practice which violates this chapter; or if the permit issued pursuant to Section 59-3 of this chapter has expired, the person, firm, corporation, club or charitable organization, institution or association who placed and/or maintains the clothing bin shall be issued a warning, stating that if the violation is not rectified or a hearing is not requested within 45 days, the bin will be seized or removed at the expense of the person, firm, corporation, club or charitable organization, institution or association who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. Notification via U.S. Mail shall be deemed effective as of the third day from the date of mailing.
C.
In addition to any other means used to notify the person, firm, corporation,
club or charitable organization, institution or association who placed
the bin, such warning shall be affixed to the exterior of the bin
itself. In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the town 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 town.
A.
Any person, firm, corporation, club or charitable organization, institution
or association violating any of the provisions of this chapter and/or
section 2 of P.L. 2007, c. 209 (C. 40:48-2.61), which results in the
seizure of the donation clothing bin shall be: (a) subject to a penalty
of up to $20,000 for each violation. The Town Construction Official
may bring this action in the Municipal Court or Superior Court as
a summary proceeding under the "Penalty Enforcement Law of 1999,"
N.J.S.A. 2A:58-10 et seq., and any penalty monies collected shall
be paid to the town; and (b) deemed ineligible to place and maintain
a clothing bin pursuant to this chapter. A person, firm, corporation,
club or charitable organization, institution or association disqualified
from placing and/or maintaining a clothing bin by violating the provisions
of this chapter may apply to the Town Construction Official to have
that person's, firm's, corporation's, club's or
charitable organization's, institution's or association's
eligibility restored. The eligibility of a person, firm, corporation,
club or charitable organization, institution or association may have
its eligibility restored if that person, firm, corporation, club or
charitable organization, institution or association has: (i) acted
within the public interest, and (ii) demonstrated a good faith effort
to comply with the provisions of this chapter and all other applicable
laws and regulations, or had no fraudulent intentions.
B.
In addition to any other penalties or remedies under this chapter,
any person, firm, corporation, club or charitable organization, institution
or association that violates any provision which results in a threat
to public health or safety shall be subject to all penalties and remedies
available under the town's police powers.
If any provision or portion of a provision of this chapter is
held to be unconstitutional, preempted by federal or state law, or
otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the chapter shall not be invalidated.
The provisions of this chapter may be waived or suspended as
to bins which are owned and operated by a nonprofit entity by the
Town Council in its sole discretion, with such determination to be
made on a case-by-case basis.
This chapter shall become effective 30 days after final passage
and publication as required by law. (This chapter was adopted August
28, 2012.)
