[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 1-23-2012 by Ord. No. 586. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 195.
As used in this chapter, the following terms shall have the meanings indicated:
- CLOTHING BINS
- Any container or receptacle open to the public as a place where people donate articles of clothing and which store such clothing until removed.
No person shall use, place or employ a donation clothing bin for solicitation purposes at a location within the Borough of Buena that is not directly and continuously attended unless all of the requirements of the this chapter are met.
Only donation clothing bins owned by a charitable organization registered pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.) shall be permitted within the Borough of Buena.
The registered charitable organization shall obtain a permit from the Chief of Police before the donation clothing bin is located on any commercial zoned property.
In its application for such a permit, the registered charitable organization shall indicate the location where the bin would be situation, as precisely as possible;
The Chief of Police shall not grant an application for a permit to place, use or employ a donation clothing if he/she determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within 200 yards of any school, public building, or place which stores large amounts of, or sell, fuel or other flammable liquids or gases.
The applicant shall pay a fee of $25 annually. The annual permit shall expire December 31 of each year.
The registered charity and any other entity which may share or profit from any clothing or other donations collected via the bin, must maintain a bona fide office where a representative of the charitable organization or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the charitable organization or other entity. For the purposes of this chapter, an answering service unrelated to the charitable organization does not constitute a bona fide office.
The following information shall clearly and conspicuously be displayed on the exterior of the donation clothing bin:
The name and address of the registered charitable organization that owns or rents the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;
The registered charitable organization's charitable registration number;
The telephone number of the registered charitable organization's bona fide office, and if applicable, the telephone number of the bona fide office or any other entity which may share or profit from any clothing or other donations collected via the bin, required pursuant to § 101-6;
The following statement: "INFORMATION ON FILE WITH DIVISION OF CONSUMER AFFAIRS IN THE DEPARTMENT OF LAW AND PUBLIC SAFETY CONCERNING THIS CHARITABLE ORGANIZATION MAY BE OBTAINED FROM THE DIVISION BY CALLING (973) 504-6534 AND IS AVAILABLE ON THE INTERNET AT www.njconsumeraffairs.gov. REGISTRATION WITH THE DIVISION OF CONSUMER AFFAIRS DOES NOT IMPLY ENDORSEMENT";
In cases when any entity other than the registered charitable organization which owns the bin may share or 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, their proceeds, or both, may be shared, or given entirely to an entity other than the registered charitable organization which owns or rents the bin, and identifying all such entities which may share or profit from such donations.
The minimum penalty or fine for the violation of any of the provisions of this chapter shall be $100.
Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and take to be a separate and distinct offense.