The purpose of this article is to implement the provisions of
P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.), and to establish
guidelines for the use of charitable clothing bins/donation bins throughout
the Borough of Berlin.
For the purposes of this article only, the terms "solicitation"
or "solicit" shall mean the request, directly or indirectly, for money,
credit, property, financial assistance, or other thing of any kind
or value. Solicitation shall include, but not be limited to, the use
or employment of canisters, cards, receptacles or similar devices
for the collecting of money or other thing of value. A solicitation
shall take place whether or not the person making the solicitation
receives any contribution.
Notwithstanding any other provision of law to the contrary,
no person, corporation or entity (hereinafter collectively "person")
shall place, use or employ a charitable clothing bin/donation clothing
bin, for solicitation purposes, unless all the following requirements
are met:
A.
Permit. The person shall obtain a permit, valid for one year, issued
by the Borough Zoning Official. In applying for such permit, the person
shall include:
(1)
The name and address of the property owner(s) where the bin is proposed
to be situated;
(2)
The location (street address and block/lot) where the bin is to be
situated;
(3)
The location on the property in relation to the property lines and
improvements [number of feet (distance) from all property lines and
improvements], as precisely as possible;
(4)
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 the collected donations would
be allocated or spent;
(5)
The name and telephone number of the bona fide office of any entity
which may share or profit from any clothing or other donations collected
via the bin;
(6)
Written consent from the property owner to place the bin on its property;
(7)
The fee for the application shall be $50.
C.
Denial of permit.
(1)
The Borough Zoning Official shall not grant an application for a
permit to place, use or employ a charitable clothing bin/donation
clothing bin if the Zoning Official 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 bin within 100
yards of any place which stores or sells fuel or other flammable liquids
or gases or other combustible products.
(2)
No bin shall be placed upon any public property, public right-of-way
and/or easement and/or public road without the approval and consent
of the governing body.
D.
Display of permit information. The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin. In addition, the following information set forth in this Subsection D of this section shall be displayed. The following information must be clearly and conspicuously displayed on the exterior of the charitable clothing bin/donation clothing bin:
(1)
The name and address of the registered person that owns the bin,
and 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 of any other entity which
may share or profit from any clothing or other donations collected
via the bin. For the purposes of this subsection, an answering machine
or service unrelated to the person does not constitute a bona fide
office; and
(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 the 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.
Limit and location of charitable clothing/donation bins. No more
than four bins shall be allowed on a single property. Said bins shall
be located to the side or rear of the respective property.
A.
The person, organization and/or entity responsible for the donation
clothing bin shall provide the Clerk of the Borough of Berlin with
a written annual report on or before December 1 of each year that
includes the following information:
(1)
The number of times the clothing bin was emptied during the year
in which the permit was issued;
(2)
The weight (in terms of pounds) of the contents each time the clothing
bin was emptied;
(3)
The name, address and telephone number of the location (destination)
of the contents of the clothing bin.
B.
Failure to provide the information requested in this section shall
be cause to deny renewal of the permit.
A.
All complaints received from the public regarding the charitable
clothing bin/donation clothing bin shall be investigated within 30
days by the Zoning Official and/or his or her designee. Whenever it
appears to the Zoning Official or his or her designee that a person
was engaged in, or is engaging in, any act or practice in violation
of this article, the owner of the property where the bin is situated
and/or 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 in 45 days, the bin will be seized
or removed at the expense of the person who placed the bin and/or
the owner of the property where the bin is situated, and any clothing
or any 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 and/or the owner of the property where
the bin is situated, such warning shall be affixed to the exterior
of the bin itself.
B.
In the event that the person who placed the bin and/or owner of the
property where the bin is situated does not rectify the violation
or request a hearing within 45 days of the posting of the warning,
the Zoning Official or his or her designee may seize the bin, remove
it or have it removed, at the expense of the person who placed the
bin and/or the owner of the property where the bin is situated and
sell it at public auction or otherwise dispose of any clothing or
other donations collected via the bin. Any proceed from the sale shall
be paid to the Chief Financial Officer of the Borough of Berlin.
C.
In addition to any other penalties or remedies authorized by the
laws of the State of New Jersey, any person who violates any provision
of this article which results in the seizure of the charitable clothing
bin/donation clothing bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The Borough
of Berlin may bring this action in the Municipal Court or the Superior
Court of New Jersey as a summary proceeding under the Penalty Enforcement
Law of 1999, P.L. 1999 c. 274 (N.J.S.A. 2A:58-10 et seq.), and any
penalty monies collected shall be paid to the Chief Financial Officer
of the Borough of Berlin.
(2)
Deemed ineligible to place, use or employ a charitable clothing bin/donation
clothing bin for solicitation purposes pursuant to N.J.S.A. 40:48-2.60
et seq. A person disqualified from placing, using or employing a charitable
clothing bin/donation clothing bin by violating provisions of N.J.S.A.
40:48-2.60 et seq. may apply to the appropriate municipal agency to
have that person's eligibility restored. The Berlin Borough Zoning
Official and his or her designee may restore the eligibility of a
person who:
