[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City 4-26-2018 by Ord. No. 2018-13. Amendments noted where applicable.]
Nuisances — See Ch. 158.
No person or entity shall place, use or otherwise employ a donation clothing bin, for solicitation purposes, within the City of Ventnor, unless all of the following requirements are met:
The person or entity has obtained a permit, valid for a specified period of time, from the City of Ventnor.
Any application for such permit shall include:
The location where the bin would be situated as precisely as possible.
The manner in which any clothing or other donations collected via the bin would be used, sold or disbursed 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 this section of the person or entity which may share in any profit from the collection and sale of any clothing or other donations collected via the bin.
Written consent from the property owner where the bin is to be placed.
All requests for a placement of any such donation clothing bin shall be submitted to the City Administrator. No such application shall be granted if a determination is made that placement of the bin could constitute a safety hazard. When reaching a decision concerning whether the placement of a bin could constitute a safety hazard, such factors shall include, but not be limited to, the placement of a donation clothing bin within 100 yards of any place which stores a large amount of, or sells, fuel or other flammable liquids or gases.
There shall be a fee of $25 which shall accompany any application to offset the costs involved in enforcement.
Any permit issued for a donation clothing bin shall be good for only one year and must be renewed upon submitting a new application and paying a new fee for any subsequent year. Any permit issued pursuant to this chapter shall be clearly and conspicuously displayed on the exterior of the donation clothing bin. The application shall also include a telephone number where someone can be reached on a twenty-four-hour-per-day, seven-day-per-week, three-hundred-sixty-five-day-per-year basis.
The donation clothing bin must clearly state on the same the name and address of the person or entity that owns the bin and the name and address of any entity which may share in the profit from any clothing or donations collected via the bin. Said display shall also contain the telephone number of the person or entity's bona fide office and the telephone number of any other entity which may share in the profits from any clothing or other donations collected via the bin. In the case when a person or entity other than a person who owns the bin may share in the profits from any clothing or other donations collected via the bin, the notice must contain, written in a clear and easily understandable manner, notice that clothing or other donations collected via the bin, the proceeds, or both, may be shared, or given entirely to, a person or entity other than the person or entity who owns the bin and further identifying all such entities which may share in the profits from such donations. Such notice must also contain a statement indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold or disbursed and the method by which the proceeds of collected donations would be allocated or spent.
To the extent the City of Ventnor receives any complaint from the public regarding a clothing donation bin, the same shall be investigated within 30 days. To the extent the City of Ventnor makes a determination that a person or entity has violated any section set forth herein, said person or entity shall be issued a warning stating that if the violation is not rectified within 45 days or hearing requested within 45 days, the bin will be seized or removed at the expense of the person or 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 mailing notice of any violation to the person or entity who placed the bin, a notice shall also be taped to the bin.
Any person or entity who violates this chapter shall be liable for a fine of up to $1,000. Each day that a violation exists shall be considered a separate violation.
In addition to the penalties set forth above, any person or entity who violates the provisions of this chapter which results in seizure of the donation clothing bin shall be subject to a penalty of up to $20,000 for each violation and shall further be deemed ineligible to place, use or employ a donation clothing bin for solicitation purposes in the City of Ventnor.
No more than two clothing bins at any one time shall be permitted to be located within the City of Ventnor. Only persons or entities which have qualified as a charitable, nonprofit 501(c)(3) corporation will be authorized to place clothing bins within the City of Ventnor. Any person/entity must submit with the application sufficient documentation demonstrating the formal creation and recognition by the Internal Revenue Service of 501(c)(3) status.
All placed bins must be maintained in a neat and orderly condition, and any accumulation of clothing or other donations which spill outside of the bin or are placed outside of the bin shall be considered a violation of this chapter. Said bins must be free of rust and be otherwise aesthetically pleasing. No donation clothing bin may be placed on municipally owned property or property owned by the Ventnor City Board of Education and/or School Board. No bins shall be placed in a residential zone. No bins shall be placed on property adjacent to any of the major roadways within the City of Ventnor if the Chief of Police or his designee makes a determination that the same would be a safety hazard to either vehicular or pedestrian traffic.
To the extent that any portion of this chapter is declared invalid by a body of competent jurisdiction, then said section is severed from the remaining chapter, and the remaining portions of this chapter shall continue in full force and effect.
To the extent that any ordinance or portion thereof contradicts this chapter, then said contradictory ordinance or portion thereof is hereby repealed.
This chapter shall take effect upon final passage and publication pursuant to law.