Township of Ocean, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Ocean by Ord. No. 2005-33. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 336.

§ 130-1 Purpose.

The purpose of this chapter is to provide a uniform set of procedures for administering the placement and maintenance of clothing bins within the Township of Ocean, 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 Township of Ocean for the placement of clothing bins.

§ 130-2 Permit required.

It is unlawful for any person, firm, corporation, club or charitable organization, institution or association to place and/or maintain any bin, dumpster 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 Township without first submitting an application and obtaining a permit from the Zoning Officer.

§ 130-3 Application form; fee.

[Amended 10-13-2011 by Ord. No. 2011-18[1]]
A. 
An application fee and permit shall be required for the placement or maintenance of a clothing bin, dumpster or depository within the Township of Ocean. Any such permit shall expire one year after its issuance date, at which time a new permit shall be required. Applications for such a permit shall be made in writing to the Zoning Officer prior to the placement of the clothing bin, dumpster or depository, or prior to the expiration date of an existing permit. The application shall contain the following information:
(1) 
The location where the bin is situated, as precisely as possible, and, if the person intends to move it, the new location where the bin will be situated after the renewal is granted and written consent from the property owner to place the bin on his property.
(2) 
The manor in which the person has used, sold or dispersed any clothing or other donations collected via the bin, the method by which the proceeds from collected donations have been allocated or spent, and any changes the person anticipates it may make in these processes during the period covered by the renewal.
(3) 
The name and telephone number of the bona fide office required pursuant to N.J.S.A. 40:48-2.61(b), of any entity which shared or profited from any clothing or donations collected via the bin, and of any entities which may do so during the period covered by the renewal of said permit, shall be clearly and conspicuously displayed on the exterior of the donation clothing bin and shall contain the date of expiration of the license thereon.
B. 
The cost for a permit application shall be $25 for each clothing bin proposed, whether placed adjacent to each other or not. Such permit shall expire one year following its issuance.
[1]
Editor's Note: This ordinance noted the adoption of N.J.S.A. 40:48-2.60 through 40:48-2.64, effective 1-1-2009, which applies to all donation clothing bins in place on that date and all donation clothing bins placed subsequent to the effective date of that statute. Further: "It is the intention of this ordinance to insure that the Township's ordinance is consistent with this state legislative action."

§ 130-4 Permit displayed.

[Amended 10-13-2011 by Ord. No. 2011-18]
The following information shall be clearly and conspicuously displayed on the exterior at the of the clothing bin:
A. 
The name and address of the registered person that owns the bin, and of any other entity which may share a profit of any clothing or other donations collected via the bin;
B. 
The telephone number of the registered persons bona fide office and, if applicable, the telephone number of the bona fide office of any other entity which may share a profit from any clothing or donations collected via the bin;
C. 
In cases when an entity other than the person who owns the bin, may share a profit from any clothing or other donations collected via the bin, a notice written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, the proceeds therefrom, or both, may be shared or given entirely to an entity other than the person who owns the bin and identifying all such entities which may share or profit from such donations;
D. 
A statement, consistent with the information provided to the Zoning Officer in the most recent permit or renewal application pursuant to this article indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or dispersed and the method by which the proceeds from collected donations would be allocated or spent.

§ 130-5 Regulations.

A. 
The location of the bin, depository or dumpster shall be subject to the approval of the Zoning Officer.
B. 
Each clothing bin, dumpster or depository shall be accessory to an existing nonresidential use.
C. 
No clothing bin, dumpster or depository shall be placed as to create a danger or hazard to any pedestrian or vehicular traffic.
D. 
Each clothing bin, dumpster or depository shall be appropriately located as to not interfere with sight triangles, on-site circulation, required setbacks, landscaping and parking.
E. 
Each clothing bin, depository, dumpster 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, depository or dumpster and surrounding area in a neat, clean and orderly condition shall be cause for revocation of the license granted hereunder.
F. 
Each property is permitted to have a maximum of one clothing bin, depository or dumpster, or any combination thereof as long as the total aggregate number of bins, depositories or dumpsters located on any one property does not at any time exceed two in number.
[Amended 10-13-2011 by Ord. No. 2011-18]

§ 130-6 Enforcement by Code Enforcement Officer.

This chapter shall be enforced by the Code Enforcement Office. All licensed clothing bins, dumpsters and depositories shall be subject to inspection by the Code Enforcement Officer or any other duly authorized representative of the Township of Ocean.

§ 130-7 Violations and penalties.

A. 
Any person, firm, corporation, charitable organization, institution or association violating or failing to comply with any of the provisions of this chapter shall, upon conviction, be liable for a fine not to exceed $1,200, and the inability to obtain a license. Each day that clothing bin, dumpster or depository remains at a location in the Township of Ocean without a permit shall be considered a separate offense.
B. 
In addition to any other penalties 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 the seizure of the donation clothing bin shall be:
[Added 10-13-2011 by Ord. No. 2011-18]
(1) 
Subject to a penalty of up to $20,000 for each violation. The appropriate municipal agency may bring this action in the municipal court or Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the municipality; and
(2) 
Deemed ineligible to place, use or employ a donation clothing bin for solicitation purposes pursuant to N.J.S.A. 40:48-2.61. A person disqualified as set forth herein may apply to the Township Zoning Officer to have that person's eligibility restored. The Township's Zoning Officer may restore the eligibility of a person who:
(a) 
Acts within the public interest; and
(b) 
Demonstrates he or she has made good faith effort to comply with the provision of N.J.S.A. 40:48-2.60 et seq. and all other applicable laws and regulations, or not have fraudulent intentions.