No person shall place, use or employ a donation clothing bin
(hereafter "bin") within the Borough of Milford unless the following
requirements are met:
A. The person has obtained a permit, valid for one year, from the Borough
of Milford Clerk.
B. The Clerk shall issue a permit only if the person or entity applying
has supplied the following information:
(1) The applicant has depicted the location where the bin would be situated,
as precisely as possible, and received the approval of the Borough's
Zoning Officer as to same; and
(2) The name, telephone number and email address of the bona fide office required by §
77-7 of this chapter of any entity which is responsible for the supervision and maintenance of the bin; and
(3) Written consent of the property owner to place the bin on the property.
The Clerk shall not grant an application for a permit to place,
use or employ a donation clothing bin if the Zoning Officer 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 amounts
of, or sells, fuel or other flammable liquids or gases; the placement
of the donation clothing bin would constitute a traffic hazard; or
the location of the clothing bin is within the Borough's right-of-way.
The fee for the application for a donation clothing bin shall
be $25.
An expiring permit for a donation clothing bin may be renewed
upon application for renewal and payment of a fee of $25. No permit
shall be renewed if there are any outstanding monetary penalties for
a previous violation of the terms of this chapter.
The application for a donation clothing bin shall include the
following:
A. The location where the bin is situated, as precisely as possible
on a diagram; and
B. If the person intends to move the bin, the new location where the
bin would be situated after the renewal is granted following review
by the Borough's Zoning Officer, and written consent from the
property owner to place the bin on his/her property; and
C. The name and telephone number of the bona fide office required pursuant to §
77-7 of this chapter 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.
The Clerk shall issue a permit number, and the permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information described in §
77-8 of this chapter.
The person and any other entity which may share profit from
any clothing or other donations collected by the bin shall maintain
a bona fide office where a representative of the person or entity,
respectively, can be reached by telephone during normal business hours.
The following information shall be clearly and conspicuously
displayed on the donation clothing bin:
A. The name and address of the registered person who owns the bin and
of any other entity which may share or profit from clothing or other
donations collected via the bin; and
B. 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; and
C. The permit number as set forth in §
77-6.
Any person who misstates information required by this chapter
or who violates any term of this chapter shall be subjected to a fine
of $250 per day to not exceed $2,500, imprisonment for up to 30 days,
or community service for up to 30 days.
Should any paragraph, section, part of any section, or any clause
or phrase of this chapter for any reason be held to be invalid or
unconstitutional, such decision shall not affect the remaining provisions
of this chapter, and shall remain in full force and effect, and to
that end the provisions of this chapter are hereby declared to be
severable.
All ordinances or parts of ordinances of the Borough of Milford
which are inconsistent with or in conflict herewith are hereby repealed
only to the extent of such inconsistency.