[HISTORY: Adopted by the Mayor and Council of the Borough
of Netcong 3-12-2009 by Ord. No. 2009-1. Amendments noted where applicable.]
Notwithstanding any other provision to the contrary, no persons
shall place, use or employ a donation clothing bin, for solicitation
purposes, unless they have obtained a permit for a period of one year,
issued by the Zoning Official.
A.
An application for a permit shall include the following information:
(1)
The location where the bin would be situated, as precisely as possible;
(2)
The manner in which 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;
(3)
The name and telephone number of the bona fide office of the applicant
and of any entity which may share or profit from any clothing or other
donations collected via the bin;
(4)
The schedule of pickups 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 to be notified if the bin is overflowing prior
to the scheduled date of pickup; and
(5)
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property.
B.
The Zoning Official shall not grant an application for a permit to
place, use, or employ a donation clothing bin if it 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
clothing bin in parking spaces, in any area that interferes with pedestrian
or vehicular traffic, or any place which stores large amounts of,
or sells, fuel or other flammable liquids or gases.
C.
The fee for such application for the permit shall be $25 unless the
bin is owned by an organization registered with the Attorney General
as a charitable organization.
An expiring permit for a donation clothing bin may be renewed
on an annual basis upon payment of the $25 (unless waived for a charitable
organization). The application shall include the following information:
A.
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;
B.
The manner in which the entity has used, sold or dispersed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent, and
any changes the entity anticipates it may make in these processes
during the period covered by the renewal;
C.
The name and telephone number of the bona fide office of the applicant
and any 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;
D.
The schedule of pickups 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 to be notified if the bin is overflowing prior
to the date of pickup; and
E.
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A.
The Zoning Official shall receive and investigate, within 30 days,
any complaints from the public about a clothing bin.
B.
Whenever it appears to the Zoning Official that a person or entity
has engaged in, or is engaging in, any act or practice in violation
of this chapter, the entity who placed the bin shall be issued a warning,
stating that if the violation is not rectified or if a hearing before
the Zoning Official is not requested within 45 days, the clothing
bin will be seized or removed at the expense of the entity who placed
the bin, and any clothing or other donations collected via the bin
will be sold at public auction or otherwise disposed of. In addition
to any other means used to notify the person or entity who placed
the bin, such warning shall be affixed to the exterior of the bin
itself. In the event that the entity who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Zoning Official may order the bin seized, remove
it, or have it removed at the expense of the entity who placed the
bin and sell it at public auction or otherwise dispose of any clothing
or other donations collected via the bin. Any proceeds from the sale
of the donations collected via the bin shall be paid to the Chief
Financial Officer of the Borough.
In addition to any other penalties or remedies authorized by
law, any person or entity who violates any provision of this chapter
shall be subject to a penalty of up to $20,000 for each violation
pursuant to N.J.S.A. 40:48-2.60 et seq. The Borough may bring this
action in the Municipal Court or the Superior Court as a summary proceeding
under the Penalty Enforcement Law of 1999. Any penalty moneys collected
therefrom shall be paid to the Chief Financial Officer of the Borough.
An entity violating this chapter shall be deemed ineligible to place,
use, or employ a donation clothing bin for solicitation purposes pursuant
to N.J.S.A. 40:48-2.61 et seq. An entity disqualified from placing,
using, or employing a donation clothing bin by violating the provisions
of N.J.S.A. 40:48-2.60 et seq. may apply to the Zoning Official to
have eligibility restored. The Zoning Official may restore the eligibility
of an entity who acts within the public interest and demonstrates
that it has made a good faith effort to comply with the provisions
of N.J.S.A. 40:48-2.60 et seq. and all other applicable laws and regulations
and has no fraudulent intentions.
