[HISTORY: Added 5-6-09 by Ord. No. 6-2009; amended 10-17-12 by Ord. No. 12-2012. Amendments noted where applicable.]
No person shall place, use or employ a donation clothing bin,
for solicitation purposes, unless all of the requirements of this
chapter are met.
A.
To place, use or employ a donation clothing bin, within the City
of South Amboy, a person shall obtain a permit, valid for one year,
from the Department of Engineering, Division of Code Enforcement ("Code
Enforcement"), for each donation clothing bin. The payment for a permit
fee shall be $25 annually. In applying for such a permit, a person
shall include:
(1)
The name, address and telephone number of the person applying for
the permit;
(2)
The location where the bin would be suited, as precisely as possible;
(3)
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;
(4)
Written consent from the property owner to place the bin on his property;
(5)
The full name, address and telephone number of the person, and any
other entity which may share or profit from any clothing or other
donations collected via the bin. The bona fide office where a representative
of the person or other entity, respectively, can be reached at the
telephone information line during normal business hours for the purpose
of offering information concerning the person or other entity. For
the purposes of this subsection, and answering machine or service
unrelated to the person or entity does not constitute a bona fide
office;
(6)
A Zoning Permit issued by the Zoning Officer for the use of each
donation clothing bin at the property.
B.
Code Enforcement shall not grant a permit to place, use or employ
a donation clothing bin if the Construction Official determines that
the placement of the bin could constitute a safety hazard. Such hazard
shall include, but not be limited to, the placement of a donation
clothing bin within 100 yards of any place which stores large amount
of, or sells, fuel or other flammable liquids or gases.
A.
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of a renewal permit fee of $25,
to Code Enforcement. 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 the owner's 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,
A.
The following information must be clearly and conspicuously displayed
on the exterior of the donation clothing bin;
(1)
The permit number and its date of expiration;
(2)
The name and address of the registered person that owns the bin,
and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
(3)
The telephone number of the person's bona fide office and, if applicable,
the telephone number of the bona fide office of any other entity which
may share or profit from any clothing or other donations collected
via the bin;
(4)
In case when any entity other than the person who owns the 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 who owns the bin, and identifying all such entities
which may share or profit from such donations; and,
(5)
A statement, consistent with the information provided to Code Enforcement in the most recent permit or renewal application pursuant to Section 59-2A(3) and Section 59-3A(2), hereof, indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or disbursed, and the method by which the proceeds of collected donations would be allocated or spent.
A.
Code Enforcement shall receive and investigate, within 30 days, any
complaints from the public about a donation clothing bin. Wherever
it appears to the investigating Code Enforcement Officer that a person
has engaged in, or is engaging in any act or practice in violation
of this chapter, the person who placed the bin shall be issued a warning,
stating that if the violation is not rectified, or a hearing before
the City Council is not requested within 45 days, the bin shall be
seized and removed at the expense of the person who placed the bin,
and any clothing or donations collected via the bin shall be sold
at public auction or otherwise disposed of. In addition to any other
means used to notify the person who placed the bin, such warning shall
be affixed to the exterior of the bin itself.
B.
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, Code Enforcement 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 the Chief Financial Officer of
the City of South Amboy.
A.
Any person who shall violate any provision of this Chapter shall,
upon conviction thereof, be punished by one or more of the following:
by imprisonment of a term of not exceeding 90 days, or by a fine not
exceeding $1,000, or by a period of community service not exceeding
90 days.
B.
In addition to any other penalties or remedies authorized by the
laws of the State of New Jersey, any person who violates any provision
of this chapter or N.J.S.A. 40:48-2.60 et seq., which results in the
seizure of the donation clothing bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The City
of South Amboy or Code Enforcement may bring this action in the Municipal
Court or the Superior Court as a summary proceeding under the "Penalty
Enforcement Law of 1999", P.L 1999, c. 274 (N.J.S.A) 2A:58-10 et seq.)
and any penalty monies collected shall be paid to the Chief Financial
Officer of the City of South Amboy;
(2)
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to Section 2 of P.L. 2007, c. 209
(N.J.S.A. 40:48-2.61). A person disqualified from placing, using or
employing a donation clothing bin by violating the provisions of P.L.
2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the City Council
to have that person's eligibility restored. The Council may restore
the eligibility of a person who:
A.
The placement, use or employment of a donation clothing bin is a
prohibited use in all residential zones in the City of South Amboy.
A.
The placement, use and employment donation clothing bins are a permitted
accessory use in all business, commercial and industrial zones within
the City of South Amboy and may be located in the front yard area,
but not within 150 feet of any residential zone.
B.
The placement, use or employment of a donation clothing bin is prohibited
within 150 feet of any residential zone in the City of South Amboy.
