[HISTORY: Adopted by the Mayor and Council of the Borough
of South Plainfield 12-22-2008 by Ord. No. 1840. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings as indicated:
Office of the Municipal Clerk.
Any enclosed receptacle or container made of metal, steel
or similar product and designed or intended for the donation and temporary
storage of clothing or other material.
An organization, association or corporation formed exclusively
for religious purposes, including religious worship, utilizing property
owned by such entity exclusively for religious purposes and which
is not otherwise used for purposes other than the religious purposes
for which the entity was organized.
[Added 7-11-2022 by Ord. No. 2232]
The request, directly or indirectly, for money, credit, property,
financial assistance, or any other thing of any kind of value. It
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
No person shall place, use or employ a donation clothing bin
for solicitation purposes unless all of the following requirements
are met:
A.
The person has obtained a permit, valid for one year or less, from
the appropriate municipal agency. All permits shall expire as of December
31 of each year. For any religious institution seeking to place, use
or employ more than one donation clothing bin for placement on property
owned by such institution, one permit shall be obtained for all such
clothing bins. The person obtaining the permit must comply with the
following:
[Amended 11-8-2010 by Ord. No. 1902; 10-19-2015 by Ord. No. 2038; 12-7-2015 by Ord. No. 2039; 7-11-2022 by Ord. No. 2232]
(1)
In applying for such permit, the person shall include the location
where the bin should be situated as precisely as possible; the manner
in which the person anticipates any clothing or other donations collected
via the bin would be used, sold or disbursed, and the method by which
the proceeds of the collected donations would be allocated or spent;
the name and telephone number of the bona fide office of any person
or entity which may share or profit from any clothing or other donations
collected by the bin; and written consent from the property owner
to place the bin on his/her property.
(2)
The appropriate municipal agency 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 not be limited to, the placement of a donation
clothing bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases.
(3)
The appropriate municipal agency shall collect a fee for each application
in the amount of $25 to offsets costs of enforcing this chapter.
(4)
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of the fee of $25. Any such application
for renewal shall include 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 would be situated after the renewal is granted,
and written consent from the property owner to place the bin on his/her
property; the manner in which the person has used, sold or disbursed
any clothing or other donations collected by the bin (to include the
name and address of each and every person or entity that received
clothing or other donations from the collection the prior year), the
method by which the proceeds of collected donations have been allocated
or spent, an accounting of the expenditure of proceeds of collected
donations from the prior year, including the name and address of each
person or entity that received any proceeds whether for expenses or
as a donation, and any changes the person anticipates they may make
in these processes during the period covered by the renewal; and the
name and telephone number of the bona fide office of any entity or
person that shared or profited by any clothing or other donations
collected by the bin, and of any entities or person that may do so
during the period covered by the renewal.
(5)
The permit number, its date of expiration and destination of clothing
(i.e., sale to textile firms, distribution to people in need, etc.)
shall be clearly and conspicuously displayed on the exterior of the
donation clothing bin.
(6)
Any and all applications for a permit under this section must be
received by the Borough by November 15 of each year for a permit to
be in effect the following year.
(7)
Each applicant shall be limited to having one clothing bin per lot
and a maximum of three clothing bins in each permissible zone. Each
applicant shall further be limited to a maximum number of clothing
bins to be placed in the Borough to be no more than 25% of the total
available locations for placement of clothing bins within the entire
Borough. This limitation shall apply to the applicant; if the applicant
is an individual, to any and all legal entities in which the applicant
owns 50% or more of such entity; and if the applicant is a corporation
or other legal entity, to any subsidiary or affiliate of the applicant.
This provision and limitation shall not apply to any applicant placing
clothing bins at the Borough Recycling Center pursuant to an agreement
with the Borough. This provision and limitation shall also not apply
to any religious institution applying to place clothing bins on property
owned by said institution, but such institution shall be limited to
having three clothing bins on such property.
(8)
In the event the applicant has previously obtained a permit and placed
one or more clothing bins within the Borough, the applicant's prior
compliance with this chapter, as well as all other ordinances and
laws of the Borough, shall be considered as a factor in determining
whether to grant approval of the permit application.
B.
The person and any other entity which may share or profit from any
clothing or other donations collected by the bin shall maintain a
bona fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. An answering machine or service unrelated
to the person does not constitute a bona fide office.
C.
The following information must clearly and conspicuously be displayed
on the exterior of the donation clothing bin:
(1)
The name and address of the registered person that owns the bin and
of any other entity which may share or profit from any clothing or
other donations collected by the bin;
(2)
The telephone number of the person'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 the clothing or donations;
(3)
In cases when any entity other than the person who owns the bin may
share the profit from any clothing or donations, a notice, written
in a clear and easily understandable manner, indicating that clothing
or other donations collected by the bin, their proceeds, or both,
may be shared, or given entirely to an entity other than the person
owning the bin, and identifying all such entities which share such
donations; and
(4)
A statement, consistent with the information provided by the appropriate
municipal agency in the most recent permit or renewal application
pursuant to § 181-A(1)(a) indicating the manner in which
the person anticipates any clothing or other donations collected by
the bin would be used, sold or disbursed, and the method by which
the proceeds of collected donations would be allocated or spent.
[Added 10-19-2015 by Ord.
No. 2038[1]]
A.
A person or entity placing, using or employing a charitable donation
bin shall maintain the bin and the area surrounding the bin such that
there shall be no accumulation of clothing or other donations outside
the bin, and shall at all times maintain the area around the bins
free of garbage, refuse and rubbish.
B.
In the event of a violation of this section, the person or entity
placing, using or employing the charitable clothing bin shall be provided
with written notice of such violation, which shall be sent to the
bona fide office provided, and which shall specify the violation.
The violation must be eliminated, remedied or otherwise addressed
to the satisfaction of the Borough within 10 days of the date of the
notice. In the event such violation has not been eliminated, remedied,
or otherwise addressed to the satisfaction of the Borough within said
time, the Borough may revoke the permit issued for the placement of
the bin or bins in question, as well as for every other bin for which
such person or entity has a permit, and all such bins must be immediately
removed from the Borough.
C.
In the event a permit or permits have been revoked, and clothing
bins have not been removed after order of the Borough, the Borough
may take possession of such bins and dispose of such bins in its discretion,
and any cost for such action shall be the responsibility of the person
or entity that had been issued such permit or permits.
D.
All remedies set forth in this section are in addition to any other
penalties for violation as may be set forth in this chapter.
The appropriate municipal agency within the municipality in
which a clothing bin has been placed 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 this chapter,
the person who placed the bin shall be issued a warning stating that
if the violation is not rectified or a hearing with the appropriate
municipal agency 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 will be sold at auction
or otherwise disposed. 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. If 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 appropriate municipal agency may seize
the bin, remove it, or have it removed at the expense of the person
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 shall be paid to the financial
officer of the municipality.
[Added 11-8-2010 by Ord. No. 1902]
A.
Clothing bins may be placed only on property within those zones within
the Borough that have been designated for or allow business, commercial,
industrial, religious or governmental use;
B.
No more than three clothing bins (regardless of ownership) may be
placed on any one lot within the Borough, and must be placed in such
a manner that they abut one another;
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;
E.
There may be no more than three lots within any one zone upon which
clothing bins may be placed, and the clothing bins may not be placed
upon any lot within 1,000 feet of a lot upon which one or more clothing
bins exist. This limitation shall not apply to clothing bins being
placed on property which is owned by any religious institution;
[Amended 7-11-2022 by Ord. No. 2232]
F.
The Borough Clerk 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;
G.
All penalties and remedies set forth in this chapter shall be applicable
to any violation of the regulations set forth herein.
[Added 10-19-2015 by Ord.
No. 2038]
No property owner or occupant of property shall allow any clothing bins to be located on his or her property unless a permit has been obtained for the placement of such clothing bin, and the individual or entity placing the clothing bin has complied with all provisions of this chapter and all other ordinances and laws of the Borough, county and state. In the event any owner or occupier of property violates this provision, he or she shall be subject to the same violations and penalties as set forth in § 181-7.
In addition to any other penalties or remedies authorized by
the laws of this state, anyone found in violation of this chapter,
which results in seizure of the donation clothing bin shall be:
A.
Subject to a penalty of up to $20,000 for each violation. The appropriate
municipal agency may bring the action in the Municipal Court or Superior
Court as a summary proceeding pursuant to N.J.S.A. 2A:58-10, et seq.,
and any penalty funds collected shall be paid to the Chief Financial
Officer of the municipality; and
B.
Be deemed ineligible to place, use or employ a donation clothing
bin for solicitation purposes pursuant to this chapter. A person disqualified
from placing, using or employing a donation clothing bin by violating
the provisions of this chapter may apply to the appropriate municipal
agency to have the eligibility restored. The appropriate municipal
agency may restore the eligibility of a person who acts within the
public interest and demonstrates that he/she made a good-faith effort
to comply with the provisions of this chapter and other applicable
laws and regulations, or had no fraudulent intentions.
