[HISTORY: Adopted by the Council of the Borough of Milford 11-16-2020 by Ord. No. 919-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was adopted as Ch. 144 but was renumbered to maintain the organizational structure of the Code.
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.
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.
A. 
All donation bins shall be routinely monitored by both the person(s) or entity owning the bin and the property owner upon which the bin is located to ensure that at no time are any materials or items which are intended to be deposited within the bin are left outside of the confines of the bin.
B. 
Should the Zoning Officer determine that materials are present outside the confines of the bin, the Zoning Officer shall contact via telephone the number of the person or entity's bona fide office and the property owner to indicate the presence of materials outside of the bin's confines.
C. 
The bona fide office and/or the property owner shall have not more than 48 hours to remove all materials left outside of the bin. Failure to do so shall be subject to § 77-10.
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.