[Adopted 1-10-2006; amended in its entirety 2-17-2009 by Ord. No.
O-09-001]
As used in this article, the following terms
have the meanings indicated:
Any enclosed receptacle or container made of metal, steel
or any other material, or similar pattern and design, which are intended
for the donation and/or the temporary storage of clothing or other
materials.
Any configuration of two or more retail and/or service establishments.
Any container, regardless of size or construction, which
was used for the collection of clothing.
It shall be unlawful for any person, firm, partnership,
corporation, whether for profit or not for profit, or other entity
to place or cause to be placed a receptacle and/or clothing/material
donation bin within the Township of Hillside without having first
obtained a permit from the Zoning Office. In no event shall a receptacle
be placed on residential property or in a residential district.
A.
Any person desiring a permit under this article shall
file with the Township Zoning Officer an original and one copy of
an application, under oath, on a form furnished by the Township of
Hillside.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, partnership,
corporation or other entity, and, if another entity, a full explanation
in description thereof.
(3)
If the applicant is an individual, the applicant's
residence address.
(4)
If the applicant is a partnership, the full name and
residence address of each partner.
(5)
If the applicant is a corporation or other entity:
(a)
In the case of a corporation:
[1]
The full name and residence address of each
major officer and each stockholder (The term "stockholder," as used
herein, means and includes any person owning or having an interest,
either legal or equitable, in 10% or more of the stock issued and
outstanding of the applicant corporation.);
[2]
The name and address of the registered agent;
and
[3]
The address of the principal office.
(b)
In the case of another entity:
(6)
Whether the applicant or any partners, officers or
stockholders thereof have ever been arrested or convicted of a crime
and, if so, the name of the person arrested or convicted, the date
of the arrest, the crime or charge involved and disposition thereof.
The term "officers" as used here means and includes the president,
vice president, secretary and treasurer of the corporate applicant.
(7)
A description of the receptacle and/or clothing/material
donations bin to be covered by the permit.
(8)
The manner in which the person anticipates any clothing
or other donations collected via the receptacle would be used, sold
or dispersed, and the method by which the proceeds of collected donations
would be allocated or spent.
(9)
The name and telephone number of the bona fide office, required pursuant to Subsection C of this section, of any entity which may share or profit from any clothing or other donations collected via the receptacle.
(10)
If the applicant is not the owner of the property
upon which the receptacle and/or clothing/material donations receptacle
is to be located, the written consent of the owner of the property
shall be attached to the application.
(11)
A sketch indicating the location in which the
receptacle and/or clothing/material donations receptacle will be placed
on the said property, and, if required, a copy of any approval by
the Planning Board or Board of Adjustment from the Township of Hillside
shall be attached to the application.
C.
The person, and any other entity which may share or
profit from any clothing or other donations collected via the receptacle,
shall maintain a bona fide office where a representative of the person
or other entity, respectively, can be reached at a telephone information
line during normal business hours for the purpose of offering information
concerning the person or other entity. For the purposes of this subsection,
an answering machine or service unrelated to the person does not constitute
a bona fide office.
An expiring permit for a clothing donations bin/receptacle may be renewed upon application for renewal and payment of the applicable permit fee. Such application shall include all information set forth in § 232-18 hereinabove, as well as the following additional information:
A.
The location where the receptacle is situated, as
precisely as possible, and, if the person intends to move it, the
new location where the receptacle would be situated after the renewal
is granted and written consent from the property owner to place the
receptacle on his property;
B.
The manner in which the person, during the term of
the expiring permit (or, if after January 1, the most recently expired
permit), has used, sold or dispersed any clothing or other donations
collected via the receptacle, the method by which the proceeds of
collected donations have been allocated or spent and any changes the
person anticipates he or she may make in these processes during the
period covered by the renewal; and
The fee for initial issuance and renewal of
a permit to place a receptacle or clothing/material donations receptacle
as described herein within the Township of Hillside shall be $25 for
each receptacle and/or clothing/material donations receptacle. The
permit period for each receptacle and/or clothing/material donations
receptacle shall be January 1 through December 31 of each year.
A.
No more than three receptacles and/or clothing/material
donations receptacles shall be located within any commercial complex,
and no more than one receptacle and/or clothing/material donations
receptacle shall be located on any commercial property which contains
only one establishment. When multiple receptacles and/or clothing/material
donations receptacles are permitted in any commercial complex, they
shall be situated together with a separation distance not to exceed
that necessary to move, place, empty or load the receptacles and/or
clothing/material donations receptacles.
B.
Each receptacle shall not exceed five feet in depth,
eight feet in width and six feet in height.
C.
The exterior of each receptacle shall clearly and
conspicuously display the following information:
(1)
The permit number and its date of expiration;
(2)
The name and address of the registered person that
owns the receptacle and of any other entity which may share or profit
from any clothing or other donations collected via the receptacle;
(3)
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 receptacle;
(4)
In cases when any entity other than the person who
owns the receptacle may share or profit from any clothing or other
donations collected via the receptacle, a notice, written in a clear
and easily understandable manner, indicating that clothing or other
donations collected via the receptacle, their proceeds, or both, may
be shared or given entirely to an entity other than the person who
owns the receptacle and identifying all such entities which may share
or profit from such donations; and
(5)
A statement consistent with the information provided to the Township of Hillside in the most recent permit or renewal application pursuant to § 232-18C and § 232-19B, indicating the manner in which the person anticipates any clothing or other donations collected via the receptacle would be used, sold or dispersed and the method by which the proceeds of collected donations would be allocated or spent.
A.
The receptacle and/or clothing/material donations
receptacle shall be located in such a manner that it will not be necessary
for a donor to be parked in a driveway or on an access drive for parking
stalls while depositing items into the said receptacle.
B.
The receptacle shall not be placed in any parking
spaces, roadways, sidewalks and/or walkways or in any buffer area
and shall be no closer than three feet to any property line.
C.
The areas adjacent to the containers shall be kept
clear of all boxes and debris.
D.
The receptacle shall be permitted in side and rear
yards but not within front yard setbacks.
E.
The receptacle shall not be located in any parking
stall designated to meet the parking requirements of the on-site uses.
F.
No receptacle shall be permitted in any residential
or residential-business zone.
G.
No receptacle and/or clothing/material donations receptacle
shall be placed on a corner lot so that it obstructs the line-of-sight
triangle requirements of 25 feet.
H.
No receptacle and/or clothing/material donations receptacle
shall be placed within 1,000 feet of another receptacle and/or clothing/material
donations receptacle location.
I.
No receptacle and/or clothing/material donations receptacle
shall be placed within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases.
The bins and/or clothing/material donations
receptacle shall be maintained in a clean, sanitary condition, painted
and in good working order. Each receptacle shall be emptied regularly,
at least once each month or sooner, as dictated by the amount of items
placed inside of the receptacle. No items shall be permitted to remain
in the area surrounding the receptacle.
A.
Within 30 days of receipt, the Township of Hillside
shall investigate any complaints from the public about a receptacle.
B.
Whenever it appears that a person has engaged in or
is engaging in any act or practice in violation of this article and
N.J.S.A. 40:48-2.61, the person who placed the receptacle shall be
issued a warning stating that, if the violation is not rectified or
a hearing with the Township Building/Zoning Office is not requested
within 45 days, the receptacle will be seized or removed at the expense
of the person who placed the receptacle, and any clothing or other
donations collected via the receptacle will be sold at public auction
or otherwise disposed of.
C.
In addition to any other means used to notify the
person who placed the receptacle, such warning shall be affixed to
the exterior of the receptacle itself.
D.
In the event that the person who placed the receptacle
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 receptacle, remove it or have it removed at the expense
of the person who placed the receptacle and sell at public auction
or otherwise dispose of any clothing or other donations collected
via the receptacle. Any proceeds from the sale of the donations collected
via the receptacle shall be paid to the Chief Financial Officer of
the Township of Hillside.
E.
In addition to any other penalties or remedies authorized
by the laws of this state, any person who violates any provision of
N.J.S.A. 40:48-2.60 et seq. which results in seizure of the clothing
donations receptacle shall be:
(1)
Subject to a penalty of up to $20,000 for each violation.
The Township of Hillside may bring this action in the municipal court
or Superior Court as a summary proceeding under the Penalty Enforcement
Law of 1999, PL.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 Township of Hillside; and
(2)
Deemed ineligible to place, use or employ a receptacle
for solicitation purposes pursuant to N.J.S.A. 40:48-2.61. A person
disqualified from placing, using or employing a receptacle by violating
the provisions of N.J.S.A. 40:48-2.60 et seq. may apply to the Township
Building/Zoning Office to have that person's eligibility restored.
The Township of Hillside may restore the eligibility of a person who:
(3)
In addition, any person, partnership, firm or corporation
violating any provisions of this article shall, upon conviction, be
punished by one or more of the following:
F.
Each violation of any of the provisions of this article
and each day that same is violated shall be deemed and taken to be
a separate and distinct offense.
