[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 11-21-2016 by Ord. No. 15-16. Amendments noted where applicable.]
As used in this section, the following terms shall have the meanings indicated:
- BOROUGH PROPERTY
- Any property owned or controlled by the Borough of Mendham.
- Any container regardless of size or construction that is used for the collection of used clothing.
No person, firm, partnership, corporation, whether for profit or not for profit, shall place or cause to be placed a receptacle within the Borough of Mendham without having first obtained a permit. Receptacles shall be located only on Borough property as determined by the Mayor and Council in accordance with a contract to be entered into with the Borough. In no event, shall a receptacle be placed on any other property in the Borough of Mendham, except that the Mayor and Council in its discretion may permit receptacles to be located on property owned and maintained by entities serving the public good, such as the Mendham Volunteer Fire or Police Department. In the event, there are not for profit existing bins on the date this ordinance is adopted, then such receptacles are considered exceptions and may continue as preexisting approved locations.
The application for a permit to place a receptacle or confirm a preexisting location within the Borough of Mendham shall be made in writing to the Borough Clerk and signed by the applicant. The application shall set forth:
The location where the receptacle is to be situated, as precisely as possible.
The manner in which the applicant anticipates any clothing or other donations collected via the receptacle would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.
The name, and telephone number of the bona fide office required pursuant to Subsection D of this section, of any entity which may share or profit from any clothing or other donations collected via the receptacle.
Written consent from the property owner to place the receptacle on the property.
The Governing Body of the Borough of Mendham shall not grant an application for a permit to place, use, or employ a receptacle if it determines that the placement of the receptacle could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a receptacle within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gasses.
The fee for such application for the permit shall be $10 per organization. An expiring permit for a receptacle may be renewed by a charitable organization on an annual basis upon payment of $5 per organization. The renewal application shall include the following information:
The location where the receptacle is to be 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;
The manner in which the applicant has used, sold, or dispersed any clothing or other donations collected via the receptacle, the method by which the proceeds of collected donations have been allocated or spent, and any changes the applicant anticipates it may make in these processes during the period covered by the renewal;
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 receptacle, and of any entities which may do so during the period covered by the renewal;
The schedule of pickups removing the articles from the receptacles, which can be no less often than once per week, and the name and telephone number of the person to be notified if the receptacle is overflowing prior to the date of pickup;
Written consent from the property owner to place the receptacle on the property; and
Proof of charitable registration with the Attorney General as a charitable organization.
The permit issued shall only be valid for a one-year period. No permit shall be valid for a period in excess of one year. Irrespective of the issuance of any permit, the Borough reserves the right to terminate any contract and order the removal of any bins upon 10 days' written notice.
Exception. If the owner of sponsor of the receptacle is the Borough of Mendham or any governmental subdivision thereof, such as the Borough Police Department, and the receptacle serves a governmental function and contributes to the general welfare of the public, it shall be exempt from the requirements contained in Subsections A through E above.
No more than three receptacles shall be placed in any location.
Each receptacle shall not exceed five feet in depth, eight feet in width and six feet in height.
The Borough Council shall receive and investigate, within 30 days, any complaints from the public about a receptacle. Whenever it appears to the Borough Council that a person or entity has engaged in, or is engaging in any act or practice in violation of this section, the entity who placed the receptacle shall be issued a warning, stating that if the violation is not rectified or if a hearing before the Borough Council is not requested within 45 days, the receptacle will be seized or removed at the expense of the entity who placed the receptacle, and any clothing or other donations collected via the receptacle 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 receptacle, such warning shall be affixed to the exterior of the receptacle itself. In the event that the entity who placed the receptacle does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Borough Council may order the receptacle seized, remove it, or have it removed at the expense of any entity who placed the receptacle, and sell it at public auction or otherwise dispose of any clothing or other donations collected via the receptacle. Any proceeds from the sale of the donations collected via the receptacle shall be paid to the Chief Financial Officer of the Borough.
The receptacles shall be maintained in a clean, sanitary condition, painted and in good working order. Each receptacle shall be emptied by the permittee regularly at a minimum of one time each week as specified in the contract with the Borough. The areas adjacent to the containers shall be kept clear of all boxes and debris.
The general penalty provision as contained in the Revised General Ordinances of the Borough of Mendham shall apply. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense. In addition, any person or entity who violates any provision of this section shall be subject to a penalty of up to $2,000 for each violation pursuant to N.J.S.A. 40:48-2.60 et seq. The Borough 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. Any penalty moneys collected therefrom shall be paid to the Chief Financial Officer of the Borough. An entity violating this section shall be deemed ineligible to place, use, or employ a receptacle for solicitation purposes pursuant to N.J.S.A. 40:48-2.61 et seq. An entity disqualified from placing, using, or employing a receptacle by violating the provisions of N.J.S.A. 40:48-2.60 et seq. may apply to the Borough Council to have eligibility restored. The Borough Council 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.