[Adopted 9-29-2009 by Ord. No. 09-20]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a clothing donation bin (defined
to include any receptacle or container made of any material designed
or intended for the collection and temporary storage of donated clothing)
within the Borough of Paramus unless:
A.
The clothing bin is owned or sponsored by a charitable organization
registered pursuant to N.J.S.A. 45:17A-18 et seq., or is sponsored
by any department within the Borough of Paramus.
B.
The registered charitable organization has obtained a permit, valid
for a twelve-month period, from the Zoning Officer. An application
for a permit shall include the following information:
(1)
The location where the clothing bin will be situated. There shall
be no more than two permits issued for a clothing bin at any one location.
(2)
The manner in which the individual or organization 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
would be allocated or spent.
(3)
The name and telephone number of the bona fide office of the charitable
organization and any entity which may share or profit from any clothing
or other donations collected via the bin.
(4)
Written consent from the property owner to place the clothing bin
on the property.
C.
No permit for the placement of a clothing bin shall be issued if
the Zoning Officer determines that the placement of the clothing bin
could constitute a safety hazard. Such hazards shall include, but
not be limited to, the placement of a clothing bin within 100 yards
of any place which stores large amounts of, or sells, fuel or other
flammable liquids or gases; or the placement of a clothing bin where
it could interfere with vehicular or pedestrian circulation. The person
placing, using or employing a clothing bin shall maintain the bin
and the area surrounding the bin so that there shall be no accumulation
of clothing or any other materials outside the bin and shall insure
that the clothing bin is properly maintained and does not become unsightly
or a nuisance in any way.
D.
The following information shall be clearly and conspicuously displayed
on the exterior of the clothing bin:
(1)
The permit number and its date of expiration, together with notice
that a copy of the permit application is on file with the Borough
Clerk.
(2)
The name and address of the registered person who owns the clothing
bin and any other entity which may share or profit from any clothing
or other donations collected via the clothing bin. In cases when any
entity other than the person who owns the bin may share or profit
from any clothing or other donations collected via the bin, the notice
on the bin must state, in a clear and easily understandable manner,
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.
(3)
The telephone number of the owner's bona fide office, and, if
applicable, the telephone number of the bona fide office of any other
entity which may share or profit from any clothing or other donations
collected via the bin. For purposes of this section, an answering
machine or service unrelated to the person does not constitute a bona
fide office.
(4)
A statement, consistent with the information provided to the Borough
of Paramus in the owner's most recent permit renewal application,
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 of collected donations would
be allocated or spent.
E.
The annual fee for a clothing bin permit shall be $25, payable on
an annual basis. Any person seeking to renew a permit shall provide:
(1)
A statement with regard to the manner in which the person has used,
sold or dispersed any clothing or other donation collected via the
bin, the method by which the proceeds of collected donations have
been allocated or spent, and any changes the person anticipates may
be made with regard to the disbursement of proceeds.
(2)
The name and telephone number of the bona fide office of any entity
which shared or profited from any clothing or other donations collected
via the clothing bin, and any of the entities which may do so during
the period covered by the renewal.
(3)
If the location of the clothing bin is to be moved, the new location
where the bin is to be situated together with written consent from
the property owner of the new location.
A.
The Zoning Officer of the Borough shall receive and investigate,
within 30 days, any complaints from the public about the bin. Whenever
it appears to the appropriate municipal agency that a person has engaged
in, or is engaging in, any act or practice in violation of either
this article or the provisions of N.J.S.A. 40:48-2.61, the person
who placed the bin shall be issued a warning, stating that if the
violation is not rectified or a hearing is not requested within 45
days, the bin will be seized or removed at the expense of the person
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 who placed
the bin, such warning shall be affixed to the exterior of the bin
itself. Any hearing shall be heard by a committee consisting of two
members of the Borough Council and the Borough Administrator.
B.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Borough may seize the bin, remove it, or have it
removed, at the expense of the person who placed the bin, and sell
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.
B.
In addition to said penalties any person who violates any provision
of this article or any provision of N.J.S.A. 40:48-2.60 et seq. which
results in seizure of the donation clothing bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The Zoning
Officer may bring this action in the Paramus Municipal Court or Superior
Court as a summary proceeding under the Penalty Enforcement Law of
1999, and any penalty monies collected shall be paid to the Chief
Financial Officer of the municipality; and
(2)
Said courts may deem a person to have violated this ordinance or
the cited state statute ineligible to place, use, or employ a donation
clothing bin for solicitation purposes. A person disqualified from
placing, using, or employing a donation clothing bin may apply to
the Borough Zoning Officer to have that person's eligibility
restored. The Zoning Officer may restore the eligibility of a person
who:
