[Ord. No. 2015-24]
The purpose of this article is to accommodate clothing bins
intended for charitable purposes only in appropriate locations, while
protecting the public's health, safety and welfare. In addition, this
article provides a permitting process for charitable clothing bins
to ensure compliance with the provisions of the requirements and standards
established herein.
[Ord. No. 2015-24]
A.
Charitable clothing bins may be placed only in the following locations
and under all applicable conditions:
B.
No charitable clothing bins shall be placed on Borough-owned property
or in residential zoning districts.
C.
Notwithstanding any other provision to the contrary, following the
adoption of this article, no person or entity shall place, use or
employ a donation charitable clothing bin, for solicitation purposes,
unless all of the following requirements are met:
(1)
The donation charitable clothing bin is owned by a charitable
organization registered with the Attorney General for the State of
New Jersey pursuant to P.L. 1994, c. 16 or any person or entity; and
(2)
The registered charitable organization or other person or entity
owning and monitoring the clothing bin for charitable purposes only
has obtained a permit valid for a period not to exceed one year, from
the Borough Zoning Officer, in accordance with the following:
(a)
In applying for such permit, the registered charitable organization,
person or entity shall include the following information, at a minimum.
[1]
The size of the clothing bin (enclosed and not larger than six
feet by six feet) and the specific location where the bin will be
situated, as precisely as possible;
[2]
The manner in which the charitable organization or other person
or entity anticipates any clothing or 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;
[3]
The name, address, and telephone number of the bona fide office
of the applicant and of person or entity sharing or profiting from
any clothing or other donations collected via the bin;
[4]
The schedule of pick-ups removing the articles from the bins,
which shall be no less often than once per week, and the name and
telephone number of the person or entity to be notified if the bin
is overflowing prior to the scheduled date of pick-up; and
[5]
Written and notarized consent from the property owner, or the
owners authorized representative, to place the bin on his/her/its
property.
(b)
The Zoning Officer shall not approve an application and grant
a permit to place, use, or employ a donation charitable clothing bin
if he determines that the placement of the bin could constitute a
safety hazard. Such hazards shall include, but are not limited to,
the placement of a donation charitable clothing bin in existing parking
spaces, in any area which interferes with pedestrian or vehicular
traffic or access, obscures site visibility, hinders firefighting,
violates any site plan approval applicable to the property, or is
at a location which stores large amounts of, or sells, fuel or other
flammable liquids or gasses.
(c)
The fee for the application for the permit shall be $25.
(d)
All permits for a donation charitable clothing bin may be renewed
by a charitable organization or other person or entity upon payment
of the $25 renewal fee and by application that shall include the following
information:
[1]
The location where the bin is situated, as precisely as possible,
and, if applicant intends to move it, the new location where the bin
would be situated after the renewal is granted;
[2]
The manner in which the person or entity has used, sold or dispersed
any clothing or other donations collected via the bin, the method
by which the proceeds of collected donation have been allocated or
spend, and any changes the person or entity anticipated it may make
in these processes during the period covered by the renewal;
[3]
The name, address and telephone number of the bona fide office
of the applicant and any person or 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;
[4]
The schedule of pick-ups removing the articles from the bins,
which can be no less often than once per week, and the name and telephone
number of the person or entity to be notified if the bin is overflowing
prior to the scheduled date of pick-up; and
[5]
Written and notarized consent from the property owner, or the
owner's authorized representative, to place the bin on his/her/its
property;
(e)
The following information shall be clearly, permanently and
conspicuously written in either permanent paint or marker on the exterior
of the donation charitable clothing bin:
[1]
The name and address of the registered charitable organization
or person or entity owning the bin, and of any other person or entity
which may share or profit from any clothing or other donations collected
via the bin.
[2]
The telephone number of the organization's bona fide office
and, if applicable, the telephone number of the bona fide office of
any other person or entity which may share or profit from any clothing
or other donations collected via the bin. The telephone number of
an answering machine or service unrelated to the charitable organization
does not satisfy this requirement.
[3]
The charitable organization or other person or entity's registration
number, permit number and its date of expiration.
[4]
A statement, indicating the manner in which the charitable organization
or other person or entity anticipated 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.
(f)
Any clothing bin permitted hereunder shall be kept clean, properly
painted, maintained, and shall be free of defects. Only clothing shall
be deposited in a charitable clothing bin and no material shall be
placed or stored on or outside of a clothing bin.
[Ord. No. 2015-24]
A.
An enforcement official, designated by the Borough Administrator,
shall receive and investigate, within 30 days, all complaints about
bins, and shall enforce this article.
(1)
Whenever it appears to the enforcement official that an entity,
or person or entity has engaged in or is engaging in any act or practice
in violation of this article, the organization or person or entity
who placed the bin shall be issued a warning, stating that if the
violation is not rectified or an appeal taken within 45 days, then
the bin, any clothing or other donations collected via the bin will
be sold at public auction. In addition to any other means used to
notify the person or entity who placed the bin, a warning shall be
affixed to the exterior of the bin itself, and the bin shall not be
used until the violations are cured and the appeal is decided.
(2)
In the event that the person or entity or entity who placed
the bin does not cure the violation or request a hearing before the
Borough Administrator within 45 days of the posting of the warning,
the Borough may seize the bin, remove it or have it removed, at the
expense of the person or entity who placed the bin, and sell it at
public auction, and otherwise dispose of any clothing or other donations
collected via the bin, which proceeds shall be paid to the Borough's
Chief Financial Officer.
(3)
In addition, any person or entity who violates any provision
of PL. 2007, C. 209 shall be subject to a penalty for each violation
as specified pursuant to PL. 2007, C. 209, of up to $20,000 per violation
and such other penalties or remedies permitted by law.
B.
If any provision or portion of a provision of this article is held
is to be unconstitutional, preempted by Federal or State law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of the Ordinance shall not be invalidated.
C.
Within 60 days from the enactment of this article all existing charitable
clothing bins shall meet all conditions of this article and shall
obtain and display permits or be removed from their location by the
person or entity placing the bin or shall be subject to removal by
the Borough at the cost and expense of the person or entity placing
or owning the bin. During the sixty-day period, no additional charitable
clothing bins may be placed in the Borough.
