The placement of clothing bins within the Borough of Kenilworth
shall be limited to only the following locations and only if properly
maintained and signed. Clothing bins may be placed at churches, schools,
nonprofit facilities, and religious institutions. The total number
of bins at any location may not exceed three. Notwithstanding any
other provision 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:
B.
The registered charitable organization or the person has obtained
a permit valid for a period of one year from the Zoning Officer in
accordance with the following:
(1)
In applying for such a permit, the registered charitable organization
shall include:
(a)
The size of the bin (not larger than six feet by six feet by
six feet) and the location where the bin would be situated as precisely
as possible with an informal sketch of where the bin will be located
in relationship to buildings and lot lines;
(b)
The manner in which the charitable organization or 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, address, 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;
(d)
The schedule of pickups for 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;
(e)
The clothing bin is clearly labeled on three of the four sides
with the name, address and telephone number of the charitable organization
seeking to have people donate used clothing; and
(f)
Written consent from the property owner, or the owner's authorized
representative, to place the bin on his/her property.
(2)
The Zoning Officer shall not grant an application for a permit
to place, use, or employ a donation clothing bin if he/she determines
that the placement of the bin is either in the front yard setback
or could constitute a safety hazard. Such hazards may 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 within 100 yards of any place which stores large amounts of, or
sells, fuel or other flammable liquids or gases.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The fee for such application for the zoning permit shall be set forth in § 120-6.2, Schedule of fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
An expiring permit for a donation clothing bin may be renewed by a charitable organization or person upon payment of the renewal fee set forth in § 120-6.2, Schedule of fees, and by application that shall include the following information:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
The location where the bin is situated, as precisely as possible,
and, if 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 person 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 person anticipates it may make in these processes
during the period covered by the renewal;
(c)
The name, address 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 for removing the articles from the bin,
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.
(5)
The following information shall be clearly and conspicuously
written in either paint or permanent marker on the exterior of the
donation clothing bin:
(a)
The name and address of the registered charitable organization
or 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.
(b)
The telephone number of the organization'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. The telephone number of an answering
machine or service unrelated to the charitable organization does not
satisfy this requirement.
(c)
The charitable organization's registration number, permit number
and its date of expiration.
(d)
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.
(e)
A statement indicating the manner in which the charitable organization
or 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.
(6)
Any clothing bin permitted hereunder shall be properly painted
and maintained and shall be free of material defects.
(7)
The Zoning Officer or his designee shall receive and investigate,
within 45 days, any complaints from the public about the bin.
(a)
Whenever it appears to the Zoning Officer or his designee that
an organization or a person has engaged in or is engaging in any act
or practice in violation of this article, the organization or person
who placed the bin shall be issued a warning, stating that if the
violation is not rectified or an appeal taken within 15 days, then
the bin, any clothing or other donations collected via the bin will
be sold at public auction. In addition to any other means used to
notify the person who placed the bin, a 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 15 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 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 Borough.
(c)
In addition to any other penalties or remedies under this article, any person who violates any provision which results in the seizure of the donation clothing bin shall be subject to a penalty for each violation as specified in Chapter 1, Article I, General Penalty, of the Borough of Kenilworth Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(8)
Any existing clothing bin within the Borough shall be permitted
a grace period of 45 days from the publication of this article to
come into compliance or be removed.
