Borough of Wrightstown, NJ Clothing Bins

The purpose of this chapter is to provide a uniform set of procedures for administering the placement and maintenance of clothing bins within the Borough of Wrightstown, as well as providing for a uniform set of procedures for administering the issuance and revocation of all permits issued by the Zoning Officer of the Borough of Wrightstown for the placement of clothing bins.

§ 55-2 Permit required.

It shall be unlawful for any person, firm, corporation, club or charitable organization, institution or association to place and/or maintain any bin, dumpster, container, or other depository to collect clothing for the needy or for any other group of people on any public or private property, including any public sidewalk, street or alley or any private parking lot or walkway, or at any other location in the Borough without first submitting an application and obtaining a permit from the Zoning Officer.

§ 55-3 Application form; fee.

Application for a permit to place and/or maintain a clothing bin, clothing dumpster, clothing container or similar depository shall be made in writing to the Zoning Officer prior to placing the clothing bin, clothing dumpster, clothing container or similar depository. The application shall contain the following information:

(1)

Name and address of person, firm, corporation, club or charitable organization, institution or association placing and/or maintaining such clothing bin, clothing dumpster, clothing container or similar depository.

(2)

Name and address of the owner of the premises on which the clothing bin, clothing dumpster, clothing container or similar depository is to be located and the written consent of the owner if applicant is other than the owner.

(3)

A description of the manner by which clothing will be used, sold, or dispersed.

(4)

A sketch plat showing the exact location which the clothing bin, clothing dumpster, clothing container or similar depository will be located.

(5)

A description including the dimensions of the proposed clothing bin, clothing dumpster, clothing container or similar depository.

There shall be an annual fee of $25 for each permit.

Any permit pursuant to the section shall remain in full force and effect until it is revoked by the Zoning Officer.

§ 55-4 Permit displayed.

The number and expiration date of the permit authorized hereunder shall be prominently and conspicuously displayed upon the clothing bin, clothing dumpster, clothing container or similar depository at all times. The name, address and telephone number of the bona fide office and bona fide representative of the clothing bin's, clothing dumpster's, clothing container's or similar depository's owner, as well as the name, address and telephone number of any person, organization or entity that may share profit from any clothing collected, shall also be prominently and conspicuously displayed.

The contact information for an answering machine or service unrelated to the owner of the clothing bin, clothing dumpster, clothing container or similar depository does not qualify as "bona fide" for the purposes of this chapter.

§ 55-5 Regulations.

The location of the clothing bin, clothing dumpster, clothing container or similar depository shall be subject to the approval of the Zoning Officer.

Each clothing bin, clothing dumpster, clothing container or similar depository shall be accessory to an existing nonresidential use.

No clothing bin, clothing dumpster, clothing container or similar depository shall be placed as to create a danger or hazard to any pedestrian or vehicular traffic.

Each clothing bin, clothing dumpster, clothing container or similar depository shall be appropriately located so as to not interfere with sight triangles, on-site circulation, required setbacks, landscaping and parking.

Each clothing bin, clothing dumpster, clothing container or similar depository and the surrounding area shall be maintained in a neat, clean and orderly condition and shall be regularly emptied by the licensee. Failure to maintain the clothing bin, clothing dumpster, clothing container or similar depository and surrounding area in a neat, clean and orderly condition shall be cause for revocation of the license granted hereunder.

Each property is permitted to have a maximum of four clothing bins, clothing dumpsters, clothing containers or similar depositories, or a combination thereof so long as the total aggregate number of clothing bins, clothing dumpsters, clothing containers or similar depositories located on any one property does not at any time exceed four in number.

§ 55-6 Enforcement by Zoning Officer.

This chapter shall be enforced by the Zoning Officer. All licensed clothing bins, clothing dumpsters, clothing containers or similar depositories shall be subject to inspection by the Zoning Officer or any other duly authorized representative of the Borough of Wrightstown.

The Borough of Wrightstown shall not permit the placement of clothing bins, clothing dumpsters, clothing containers or similar depositories that would constitute a safety hazard.

§ 55-7 Violations and penalties.

The Borough of Wrightstown, through an authorized representative, shall investigate any public complaints concerning the clothing bin, clothing dumpster, clothing container or similar depository within 30 days of receiving the complaint. If the owner of the clothing bin, clothing dumpster, clothing container or similar depository does not remedy the violation, the Borough of Wrightstown may seize and remove the clothing bin, clothing dumpster, clothing container or similar depository at the owner or owners' expense and sell its contents at public auction. All auction proceeds will be paid to the Borough of Wrightstown's CFO.

Each day on which an outstanding violation of this chapter persists shall be considered a separate, distinct and additional violation.

Any person, firm, corporation, charitable organization, institution or association violating or failing to comply with any of the provisions of this chapter governing the maintenance and placement of clothing bins, clothing dumpsters, clothing containers or similar depositories shall be liable for a fine up to $2,000 or a jail term not to exceed 90 days or 90 days of community service, or a combination of any of the aforementioned penalties, pursuant to Article II, § 1-3, of the Wrightstown Code.

Any person, firm, corporation, charitable organization, institution or association violating or failing to comply with any of the provisions of this chapter, upon seizure of the clothing bin, clothing dumpster, clothing container or similar depository, shall be liable for a penalty not to exceed $20,000. The municipality may commence such an action in Superior or Municipal Court.