[HISTORY: Adopted by the Mayor and Council of the Borough
of Prospect Park 10-31-2011 by Ord. No. 2011-14. Amendments noted where applicable.]
A.
No person shall place, use or employ a donation clothing bin for
solicitation purposes within the Borough of Prospect Park unless all
of the following requirements are met:
(1)
The person shall apply for and obtain a permit from the Zoning Official,
which permit shall include, along with the required fee set forth
in this chapter:
(a)
The location where the bin would be situated as precisely as
possible.
(b)
The manner in which the person, entity or organization anticipates
any clothing or other donations collected via the bin would be used,
sold or disbursed and the method by which the proceeds collected would
be allocated or spent.
(c)
The name and telephone number of the bona fide office of any
entity which may share, or profit from any clothing or other donations
collected via the bin.
(d)
Written consent of the property owner to place the bin on his
property.
(e)
Written approval by the Zoning Officer as to placement and location
of the clothing bins.
(2)
All persons who have obtained a permit pursuant to Subsection A(1) above and wish to renew said permit shall submit, along with the required fee set forth in this chapter, an application for renewal prior to the expiration of the permit, which such renewal application shall include the following information:
(a)
The location where the bin is currently situated and if the
person intends to move it, the new location where the bin would be
situated and a written consent of the property owner to place the
bin on his property.
(b)
The manner in which the person has used, sold or disbursed any
clothing or other donations via the bin and 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.
(c)
The name and telephone number of the bona fide office of any
entity which shared or profited from any clothing or other donations
collected via the bin, and of any entities which may do so during
the period covered by the renewal.
B.
Notwithstanding the provisions of Subsection A above, no donation clothing bin shall be placed, used or employed in a place that could be considered a safety hazard, which includes but is not limited to within 100 yards of any place which stores large amounts of or sells fuel or other flammable liquids or gases.
A.
The application fee, which must be submitted with the application,
shall be $25.
B.
The fee for a renewal of the permit, which must be submitted with
the application, shall be $25.
C.
The fee for a replacement sticker which is the permit for the clothing
bin is $5.
D.
All permits and renewals obtained shall be in effect for one year
and shall expire on December 31 of the year of the permit and renewals.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A.
The permit number and the date of expiration of that permit;
B.
The name and address of the registered person who owns the bin, and
any other entity which may share or profit from any clothing or donations;
C.
Telephone number of the person's bona fide office and the telephone
number of the bona fide office of any other entity which may share
in the profit from any clothing or donations collected via the bin;
D.
In cases where the entity other than the person who owns the bin
may share or profit from any clothing or other donations collected
via the bin, then notice shall also state that clothing or other donations
collected via the bin, proceeds or both may be shared, or given directly
to an entity other than the person who owns the bin, which such entity
shall be identified; and
E.
A statement indicating the manner in which the person, entity or
organization anticipates any clothing or other donations collected
via the bin would be used, sold or disbursed and the method by which
the proceeds collected would be allocated or spent.
A.
The Zoning Officer, upon receipt of any complaint concerning the
donation clothing bin, shall perform an investigation within 14 days
of receipt of the complaint.
B.
Any person who places a clothing bin in violation of this chapter
or N.J.S.A. 40:48-2.61 shall be given a warning stating that if the
violation is not rectified or a hearing with the Zoning Official is
not requested within 45 days, then the bin will be seized and removed
at the expense of the person who placed the bin, and any clothing
or other donations collected via the bin shall be sold at public auction.
This notice shall be placed on the donation clothing bin and forwarded
to the last-known address of the person who placed the bin at the
location according to the Borough's records.
C.
If the person who placed the bin does not rectify the violation or
request a hearing within 45 days of the posting of the warning, then
the Borough shall remove the bin or have it removed at the expense
of the person who placed the bin and sell at public auction or otherwise
dispose of the clothing or donations. All proceeds from the sale of
the donations collected via the bin shall be paid to the Chief Financial
Officer of the Borough.
In addition to the remedies set forth in § 140-4 above, any person who violates this chapter or N.J.S.A. 40:48-2.60 et seq., and as amended and or supplemented, which results in the seizure of the donation clothing bin shall be subject to the following:
A.
A penalty up to $20,000 for each violation. The Borough shall bring
this action in Municipal Court or Superior Court in a summary proceeding
under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A.
2A:58-10 et seq.). Penalty monies collected shall be paid to the Chief
Financial Officer of the Borough.
B.
Deemed ineligible to place, use or employ a donation clothing bin
for solicitation purposes. A person who is deemed ineligible may apply
to the Zoning Official to that person's eligibility restored.
The Zoning Official may restore the eligibility of a person who:
