[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.
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.
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.
[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."
[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.
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]
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.
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:
