The purpose of this chapter is to provide a
uniform set of procedures for administering the placement and maintenance
of clothing bins within the Township of Lumberton, as well as providing
for a uniform set of procedures for administering the issuance and
revocation of all permits issued by the Zoning Officer of the Township
of Lumberton for the placement of clothing bins.
It shall be unlawful for any person, firm, corporation,
club or charitable organization, institution or association to place
and/or maintain any bin, dumpster or other depository to collect clothing
for the needy or for any other group of people on any public or private
property, including any public sidewalk street or alley or any private
parking lot or walkway or at any other location in the Township without
first submitting an application and obtaining a permit from the Zoning
Officer.
The permit authorized hereunder shall be prominently
displayed upon the clothing bin, depository or dumpster at all times.
[Amended 7-25-2019 by Ord. No. 2019-04]
A. This chapter
shall be enforced by the Zoning Officer. All licensed clothing bins,
dumpsters and depositories shall be subject to inspection by the Zoning
Officer or any other duly authorized representative of the Township
of Lumberton.
B. The Zoning Officer shall receive and investigate, within 30 days,
any complaints from the public about the bin. Whenever it appears
to the Zoning Officer that a person has engaged in, or is engaging
in, any act or practice in violation of N.J.S.A. 40:48-2.61 et seq.,
the person who placed the bin shall be issued a warning, stating that
if the violation is not rectified or if a hearing with the appropriate
municipal agency is not requested within 45 days, the bin will be
seized or removed at the expense of the person who placed the bin,
and any clothing or other donations collected via the bin will 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.
C. 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 appropriate municipal agency 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 Chief
Financial Officer of the municipality.
[Amended 7-25-2019 by Ord. No. 2019-04]
A. In addition to any other penalties or remedies authorized by the
laws of this state, any person who violates any provision of P.L.
2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), which results in seizure
of the donation clothing bin shall be:
(1) Subject to a penalty of up to $20,000 for each violation. The appropriate
municipal agency may bring this action in the Municipal Court or 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
municipality; and
(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
appropriate municipal agency to have that person's eligibility
restored. The appropriate municipal agency may restore the eligibility
of a person who:
(a)
Acts within the public interest; and
(b)
Demonstrates that he made a good-faith effort to comply with
the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.),
and all other applicable laws and regulations, or had no fraudulent
intention.