[HISTORY: Adopted by the Borough of Rutherford Council 5-21-2012 by Ord. No.
3257-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Solicitations for charitable purposes — See Ch. 104.
Solicitors, peddlers and canvassers — See Ch. 105
[1]
Editor's Note: This ordinance was adopted as Ch. 78A,
Clothing Bins, but was renumbered in order to retain the alphabetical
organization of the Code.
Notwithstanding any other provision of law to the contrary,
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 a specified period of
time, from the appropriate municipal agency within the municipality
in which the donation clothing bin will be placed, in accordance with
the following:
(1)
In applying for such a permit, the person shall include:
(a)
The location where the bin would be situated, as precisely as
possible;
(b)
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;
(c)
The name, and telephone number of the bona fide office, required pursuant to Subsection B of this section, of any entity which may share or profit from any clothing or other donations collected via the bin;
(d)
Written consent from the property owner to place the bin on
his property;
(e)
A statement that the applicant indemnifies and holds the Borough
of Rutherford harmless for any liability arising from the deployment,
placement, use, and maintenance of the clothing bin(s). The statement
shall contain the following language:
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The applicant and any other persons, organizations, firms or
corporations on whose behalf the application is made, represent, stipulate,
contract, and agree that they do jointly and severally defend, indemnify,
and hold harmless the Borough of Rutherford against liability for
any and all claims for damage to property or injury to or death of
persons arising out of or resulting from the issuance of the permit
or the control, maintenance, or ownership of the clothing bin(s) permitted.
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(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 may impose a fee for such application,
not to exceed $25, to offset the costs involved in enforcing P.L.2007,
c. 209 (N.J.S.A. 40:48-2.60 et seq.);
(4)
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of any fee imposed by the appropriate
municipal agency for such renewal, not to exceed $25 annually, to
offset the costs involved in enforcing P.L.2007, c. 209 (N.J.S.A.
40:48-2.60 et seq.). Such application shall include:
(a)
The location where the bin would be situated, as precisely as
possible;
(b)
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;
(c)
The name, and telephone number of the bona fide office required pursuant to Subsection B of this section, of any entity which may share or profit from any clothing or other donations collected via the bin;
(d)
Written consent from the property owner to place the bin on
his property;
(e)
A statement that the applicant indemnifies and holds the Borough
of Rutherford harmless for any liability arising from the deployment,
placement, use, and maintenance of the clothing bin(s). The statement
shall contain the following language:
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The applicant and any other persons, organizations, firms or
corporations on whose behalf the application is made, represent, stipulate,
contract, and agree that they do jointly and severally defend, indemnify,
and hold harmless the Borough of Rutherford against liability for
any and all claims for damage to property or injury to or death of
persons arising out of or resulting from the issuance of the permit
or the control, maintenance, or ownership of the clothing bin(s) permitted.
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B.
The person, and any other entity which may share or profit from any
clothing or other donations collected via the bin, maintains 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. For the purposes of this subsection, an
answering machine or service unrelated to the person does not constitute
a bona fide office; and
C.
The following information is clearly and conspicuously 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 via the bin;
(2)
The telephone number of the person's bona fide office and, if
applicable, the telephone number of the bona fide office or any other
entity which may share or profit from any clothing or other donations
collected via the bin;
(3)
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, 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
(4)
A statement, consistent with the information provided to the appropriate municipal agency in the most recent permit or renewal application pursuant to Subsection A(1)(b) and 4(b) of this section, 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.
A.
The appropriate municipal agency within the municipality in which
a donation 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 Section
2 of P.L.2007, c. 209 (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 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 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.
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 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 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 municipality.
The Building Department is designated as the appropriate municipal
agency for purpose of this chapter.
No more than four clothing bins (total) shall be permitted in
the Borough at any time.
The Building Department may deny a permit application under
this chapter if the placement of the clothing bin would have a detrimental
effect on the health, safety, and welfare of Borough residents, including
for aesthetic reasons; provided, however, that the Building Department
shall allow the applicant to amend the application to cure any issue
for which the permit might otherwise be denied.
A permit granted under this chapter shall expire one year from
issuance; renewal shall thereafter be required, as set forth in this
chapter.
The fee for both an initial application under this chapter and
for renewal is $25.
For clothing bins placed on municipal property, the municipality
may impose a location fee of up to $1,250 per bin per year, in addition
to the permit fee, to be negotiated in a separate agreement and subject
to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq., where
required.
