[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:
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.
A.
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.
B.
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:
(1)
The location where the receptacle is to be situated, as precisely
as possible.
(2)
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.
(3)
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.
(4)
Written consent from the property owner to place the receptacle on
the property.
C.
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.
D.
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:
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
Written consent from the property owner to place the receptacle on
the property; and
(6)
Proof of charitable registration with the Attorney General as a charitable
organization.
E.
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.
F.
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.
A.
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.
B.
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.
