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:
CLOTHING BIN
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.
SOLICITATION or SOLICIT
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.
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.
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.)