[HISTORY: Adopted by the Mayor and Council of the Borough
of North Haledon 4-21-2010 by Ord. No. 4-2010. Amendments noted where
applicable.]
The purpose of this chapter is to regulate the placement, use,
and licensing of charitable clothing bins.
Notwithstanding any other provision to the contrary, no person
shall place, use or employ a donation clothing bin, for solicitation
purposes, unless they have obtained a permit for a period of one year,
issued by the governing body.
A.
An application for a permit shall include the following information:
(1)
The location where the bin would be situated, as precisely as possible;
(2)
The manner in which 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 applicant
and of any entity which may share or profit from any clothing or other
donations collected via the bin, as well as the name of and twenty-four-hour-per-day
telephone number for an emergency contact representative for the applicant;
(4)
The schedule of pickups removing the articles from the bins, which
can be no less often than once per week, and the name and telephone
number of the person to be notified if the bin is overflowing prior
to the scheduled date of pickup; and
(5)
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property.
B.
The governing body shall not grant an application for a permit to
place, use, or employ a donation clothing bin if it is determined
that the placement of the bin could constitute a safety hazard. Such
hazards shall include, but are not limited to, the placement of a
donation clothing bin in parking spaces, in any area that interferes
with pedestrian or vehicular traffic, or any place which stores large
amounts of, or sells, fuel or other flammable liquids or gases.
An expiring permit for a donation clothing bin may be renewed on an annual basis upon payment of the fee as set forth in Chapter 275, Fees, unless the fee is waived for a charitable organization. The application shall include the following information:
A.
The location where the bin is situated, as precisely as possible,
and, if the applicant intends to move it, the new location where the
bin would be situated after the renewal is granted;
B.
The manner in which the entity has used, sold or dispersed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent, and
any changes the entity anticipates it may make in these processes
during the period covered by the renewal;
C.
The name and telephone number of the bona fide office of the applicant
and any entity which shared or profited from any clothing or other
donations collected via the bin and of any entities which may do so
during the period covered by the renewal;
D.
The schedule of pickups removing the articles from the bins, which
can be no less often than once per week, and the name and telephone
number of the person to be notified if the bin is overflowing prior
to the date of pickup; and
E.
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property.
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
A.
The Code Enforcement Official shall receive and investigate, within
30 days, any complaints from the public about a clothing bin.
B.
Whenever it appears to the Code Enforcement Official that a person
or entity has engaged in or is engaging in any act or practice in
violation of this chapter, the entity who placed the bin shall be
issued a warning, stating that if the violation is not rectified,
or if a hearing before the governing body is not requested within
45 days, the clothing bin will be seized or removed at the expense
of the entity 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
or entity who placed the bin, such warning shall be affixed to the
exterior of the bin itself. In the event that the entity who placed
the bin does not rectify the violation or request a hearing within
45 days of the posting of the warning, the Code Enforcement Official
may order the bin seized, remove it, or have it removed at the expense
of the entity 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 via
the bin shall be paid to the Chief Financial Officer of the Borough.
In addition to any other penalties or remedies authorized by
law, any person or entity who violates any provision of this chapter
shall be subject to a penalty of up to $20,000 for each violation
pursuant to N.J.S.A. 40:48-2.60 et seq. An action in the Municipal
Court or the Superior Court may be commenced as a summary proceeding
under the Penalty Enforcement Law of 1999.[1] Any penalty moneys collected therefrom shall be paid to
the Chief Financial Officer of the Borough. An entity violating this
chapter shall be deemed ineligible to place, use, or employ a donation
clothing bin for solicitation purposes pursuant to N.J.S.A. 40:48-2.61
et seq. An entity disqualified from placing, using, or employing a
donation clothing bin by violating the provisions of N.J.S.A. 40:48-2.60
et seq. may apply to the governing body to have eligibility restored.
The governing body may restore the eligibility of an entity who acts
within the public interest and demonstrates that they have made a
good faith effort to comply with the provisions of N.J.S.A. 40:48-2.60
et seq. and all other applicable laws and regulations and has no fraudulent
intentions.
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.
Noncharitable clothing bins shall be prohibited within the Borough
of North Haledon, and no permits shall be issued therefor.
