Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Clark 6-15-2009 by Ord. No. 09-20. Amendments noted where applicable.]
This chapter is hereby created so as to cause business entities seeking to locate clothing bins within the Township of Clark to be required to be licensed.
For the purposes of this chapter, the following definitions are hereby adopted:
APPLICANT
Any person or entity who has applied for a license in accord with the terms and provisions hereof.
CLOTHING BIN
An enclosed container, suitably constructed of metal or such other material as may be employed, which is not susceptible to deterioration, forced entry, rusting or exposure to the elements, within which residents of the Township of Clark may choose to place new or used clothing or materials of such type for collection by the licensee.
LICENSEE
Any person or entity who has applied for, been issued, and holds a valid license in accord with the terms and provisions of this chapter.
NONPROFIT ENTITY
A person or business entity formed, pursuant to the laws of the State of New Jersey, as a nonprofit corporation, whose status as such has been approved by the Department of Treasury Internal Revenue Service, which conducts a business, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he or she acts as an agent, without or without pay, which locates or seeks to locate, anywhere within the Township of Clark, clothing bins, the purpose of which are to receive and collect first- or secondhand clothing of all types, the proceeds of which are used solely for nonprofit purposes of the licensee.
[Amended 1-17-2012 by Ord. No. 12-01]
[Amended 2-16-2010 by Ord. No. 10-02]
Notwithstanding any other provision of law to the contrary, no person or entity shall place, use or employ a donation clothing bin within the Township of Clark for solicitation purposes without first obtaining a permit from the Chief of Police (which permit is approved by the Township Council). Permits shall be renewable on an annual basis in accord with the terms hereinafter set forth.
[Amended 2-16-2010 by Ord. No. 10-02]
There shall be an annual permit fee in the amount of $25 per annum to be paid to the Township of Clark in order to offset the cost involved in enforcing the provisions of this chapter.
Only nonprofit corporations, as defined hereinbefore, shall be eligible for the issuance of a license pursuant to the provisions hereof. At the time of application, the applicant shall submit to the Township Clerk evidence of its nonprofit status in the form of a copy of its certificate of incorporation and nonprofit status, together with its approval by the Internal Revenue Service of its nonprofit status.
For-profit entities and companies that pay royalties to charities in order to utilize the charity's name and status on their bins do not qualify as licensees under this chapter. The purpose of this chapter is to license only legitimate not-for-profit entities engaged in this endeavor on a not-for-profit basis.
[Added 7-16-2012 by Ord. No. 12-06[1]]
A. 
Clothing bins may be located only in those zones designated as Public Districts and Commercial Neighborhood zones as the same are defined in the Land Use and Development Ordinance[2] of the Township of Clark;
[2]
Editor's Note: See Ch. 195, Land Use and Development.
B. 
No more than two clothing bins, six feet by six feet by five feet in size, regardless of ownership, may be placed on any one lot in the Township of Clark and must be placed in such a manner that they abut one another. Said bins shall be located in such a manner as to be visible from the street;
C. 
All clothing bins must be located in such a manner that they do not reduce the number of parking spaces required for the property below the minimum number of parking spaces required either by application of the parking requirements under the zoning ordinance, by a previously granted variance, by developer's agreement, or otherwise;
D. 
Placement of clothing bins shall be such that they meet the minimum setback requirements for all accessory structures within the zone in which they are being placed, and otherwise meet all other zoning requirements for accessory structures within the zone in which they are being placed. All such clothing bins shall be painted in earth tone colors of gray, black green and brown so as to be nonobtrusive to the neighborhood;
E. 
There may be no more than three lots within any one zone upon which clothing bins may be placed, and clothing bins may not be placed upon any lot within 1,000 feet of a lot upon which one or more clothing bins exist;
F. 
The Chief of Police or his designee shall refer each application to the Zoning Office, which shall be responsible to confirm compliance with this chapter by each owner of a clothing bin. The owner of any clothing bin shall provide the Chief of Police with an emergency phone number at which the owner can be reached 24 hours a day/seven days a week;
G. 
The licensee shall arrange for the pickup and emptying of the contents of all bins permitted herein at least once per week; and
H. 
All penalties and remedies set forth in this chapter shall be applicable to any violation of the regulations set forth herein.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 177-7 through 177-10 as §§ 177-8 through 177-11, respectively.
The application for obtaining a permit shall include:
A. 
The name and telephone number of the nonprofit entity seeking the license and any person who is an officer or agent, at which such person can be reached during normal business hours. For the purposes of this section, an answering machine or service unrelated to the person does not constitute a bona fide office.
B. 
The location where the bin would be situated, as precisely as possible. A license hereunder may be issued for a location only in such zones in which such use is a permitted use by state statute.
[Amended 1-17-2012 by Ord. No. 12-01]
C. 
Written consent from the property owner to place the bin on his property.
D. 
The manner in which the licensee anticipates any clothing or other donations collected would be used, sold, or dispersed, and the method by which the proceeds of collected donations are to be utilized by the licensee.
The following information shall be clearly and conspicuously displayed on the exterior of the donation clothing bin:
A. 
The permit number and its date of expiration;
B. 
The name and address of the registered entity which owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;
C. 
The telephone number of the licensee's principal office in the State of New Jersey and, if applicable, the telephone number of the principal office of any other entity which may share or profit from any clothing or other donations collected via the bin. For the purposes of this section, an answering machine or service unrelated to the person shall not constitute a principal office;
D. 
In cases when any entity other than the licensee 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 person who owns the bin and identifying all such entities which may share or profit from such donations; and
E. 
A statement, consistent with the information provided to the Township in the most recent permit or renewal application, indicating the manner in which the owner anticipates 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 are to be utilized by the licensee.
[Amended 1-17-2012 by Ord. No. 12-01]
The Police Department and/or Construction Code Official shall receive and investigate and enforce any complaints regarding the licensee, location of any bin, or any other complaint with respect to the violation of this chapter. Whenever it appears that a licensee has engaged in, or is engaging in, any act or practice in violation of this chapter, the licensee who placed the bin shall be issued a warning, stating that the violation must be rectified or a hearing requested within 45 days; otherwise, the Township Council shall adopt a resolution terminating the license, in which case the bin will be seized or removed at the expense of the licensee who placed the bin, and any clothing or other donations collected will be disposed of as refuse. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
A. 
In addition to any other penalties or remedies authorized by the laws of this state, any person who violates any provision of this chapter or the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), shall be:
(1) 
Liable to the penalty stated in Chapter 1, Article III, General Penalty; and
[Amended 1-17-2012 by Ord. No. 12-01]
(2) 
Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to this chapter and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61).
B. 
A person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), may apply to the Township Council of the Township of Clark to have that person's eligibility restored. The Township Council may restore the eligibility of an entity who:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that he made a good faith effort to comply with the provisions of this chapter and P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), and all other applicable laws and regulations or had no fraudulent intentions.