[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle 9-17-2014 by Ord. No.
2499-14. Amendments noted where applicable.]
As used in this chapter, the following terms have the meanings
indicated:
Any enclosed receptacle or container made of metal, steel
or any other material, or similar pattern and design, which are intended
for the donation and/or the temporary storage of clothing or other
materials.
Any configuration of two or more retail and/or service establishments.
The owner or entity whether individual, corporation, partnership,
trust, limited liability company or other business entity on the initial
application or annual renewal application responsible for the receptacle
and/or clothing/material donation clothing bin. For the purpose of
this chapter, "owner" shall also include all corporate officers, partners,
trustees, trust beneficiaries, members of LLCs or others with a control
interest, no matter the form.
Any container, regardless of size or construction, which
was used for the collection of clothing.
It shall be unlawful for any person, firm, partnership, corporation,
whether for profit or not for profit, to place or cause to be placed
a receptacle and/or clothing/material donation bin within the Borough
of Roselle without having first obtained a permit from the Code Enforcement
Division. In no event shall a receptacle be placed on residential
property or in a residential district. The total amount of receptacles
and/or clothing/material donation bins in the Borough of Roselle shall
not exceed a maximum of 12. There shall be no more than two receptacle
and/or clothing/material donation bin permits issued to any one owner
or responsible party.
On a permit form furnished by the Borough of Roselle, contact
information, permit number, permit date of expiration shall be included
on the permit.
A.
Any person desiring a permit under this chapter shall file with the
Borough Code Enforcement Division an application, on a form furnished
by the Borough of Roselle.
B.
The application shall set forth the following information of any
owner or responsible party which may share or profit from any clothing
or other donations collected via the receptacle and/or clothing/material
donation clothing bin:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, partnership, corporation
or other entity and, if another entity, full explanation in description
thereof.
(3)
If the applicant is an individual, the applicant's residence
address.
(4)
If the applicant is a partnership, the full name and residence address
of each partner.
(5)
If the applicant is a corporation or other entity, in a case of a
corporation, the full name and residence address of each major officer
and each stockholder, the name and address of the registered agent
and the address of the principal office (the term "stockholder" as
used herein, means and includes any person owning or having an interest,
either legal or equitable, in 10% or more of the stock issued and
outstanding of the applicant of the corporation); in the case of another
entity, the full name and the residence address of each person owning
or having any interest, either legal or equitable, aggregating in
value of 10% or more of the total capital of said entity, the name
and address of the registered agent, if any, and the address of the
principal office.
(6)
Whether the applicant or any partners, officers or stockholders thereof
have ever been arrested or convicted of a crime, and if so, the name
of the person arrested or convicted, the date of the arrest, the crime
or charge involved and disposition thereof. The term "officers" as
used here means and includes the president, vice president, secretary
and treasurer of the corporate applicant.
(7)
A description of the receptacle and/or clothing/material donations
bin to be covered by the permit.
(8)
A description that indicates the manner in which the owner or responsible
party anticipates any clothing or other donations collected via the
receptacle and/or clothing/material donation clothing bin would be
used, sold, or dispersed, and the method by which the proceeds of
collected donations would be allocated or spent.
(9)
If the applicant is not the owner of the property upon which the
receptacle and/or clothing/material donation bin is to be located,
the consent from the owner of the property shall be attached to the
application.
(10)
A copy of the survey of the property, indicating the location
in which the receptacle and/or clothing/material donations bin will
be placed on said property. If the owner or responsible party upon
permit renewal intends to move the receptacle and/or clothing/material
donation clothing bin, the new location where the bin would be situated
after the renewal is granted and written consent from the property
owner to place the bin on his property must be submitted.
(11)
The receptacle and/or clothing/material donations bin location
address must be identified on the application. The receptacle and/or
clothing/material donations bin location address must be associated
with the tax parcel map block and lot number as indicated on the Tax
Maps of the Borough of Roselle.
C.
If required, a copy of any approval by the Planning Board or Board
of Adjustment from the Borough of Roselle shall be attached to the
application.
The fee for issuance of a permit or annual renewal of permit
to place a receptacle or clothing/material donations bin as described
herein within the Borough of Roselle shall be $25 for each receptacle
and/or clothing/material donations bin. Annual renewals are due on
the date of the initial permit. Fees are imposed to offset the costs
involved in enforcing P.L.2007, c.209 (N.J.S.A. 40:48-2.60 et seq.).
A.
No more than two receptacles and/or clothing/material donations bins
shall be located within any commercial complex and no more than one
receptacle and/or clothing/material donations bin shall be located
on any commercial property which contains only one establishment.
When multiple receptacles and/or clothing/material donations bins
are permitted in any commercial complex they shall be situated together
with a separation distance not to exceed that necessary to move, place,
empty or load the receptacles and/or clothing/material donations bins.
B.
Each receptacle shall not exceed five feet in depth, eight feet in
width and six feet in height.
C.
Each receptacle shall have an identifying logo, name or wording for
the use or nature of the receptacle and contact information for the
owners thereof.
A.
The receptacle and/or clothing/material donations bin shall be located
in such a manner that it will not be necessary for a vehicle to be
parked in a driveway or on an access drive for parking stalls while
depositing items into said bin.
B.
The receptacle shall not be placed in any parking spaces, roadways,
sidewalks and/or walkways or in any buffer area and shall be no closer
than three feet to any property line.
C.
The areas adjacent to the containers shall be kept clear of all boxes
and debris.
D.
The receptacle shall be permitted in side and rear yards but not
within front yard setbacks.
E.
The receptacle shall not be located in any parking stall designated
to meet the parking requirements of the on-site uses.
F.
No receptacle shall be permitted in any residential or residential
business zone.
G.
No receptacle and/or clothing/material donations bin shall be placed
on a corner lot so that it obstructs the line-of-sight triangle requirements
of 25 feet.
H.
The receptacle shall be clearly marked "Do not leave clothing outside
of clothing bin."
A.
The Code Enforcement Officer or designee within the Borough of Roselle
Code Enforcement Department shall receive and investigate, within
30 days, any complaints from the public about the receptacle and/or
clothing/material donation clothing bin. Whenever it appears to the
Code Enforcement Officer or designee that a person has engaged in,
or is engaging in any act or practice in violation of Section 2 of
P.L.2007, c.209 (N.J.S.A. 40:48-2.61), the owner or responsible party
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 within 45 days, the bin will be seized or
removed at the expense of the owner or responsible party who placed
the receptacle and/or clothing/material donation clothing bin, and
any clothing or other donations collected via the receptacle and/or
clothing/material donation clothing bin will be sold at public auction
or otherwise disposed of. In addition to any other means used to notify
the owner or responsible party who placed the receptacle and/or clothing/material
donation clothing bin, such warning shall be affixed to the exterior
of the receptacle and/or clothing/material donation clothing bin itself.
B.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the appropriate municipal agency may seize the bin, remove
it, or have it removed, at the expense of the owner or responsible
party who placed the receptacle and/or clothing/material donation
clothing bin, and sell at public auction or otherwise dispose of any
clothing or other donations collected via the receptacle and/or clothing/material
donation clothing bin. Any proceeds from the sale of the donations
collected via the receptacle and/or clothing/material donation clothing
bin shall be paid to the Borough of Roselle.
The receptacles and/or clothing/material donations bin shall
be maintained in a clean, sanitary condition, painted and in good
working order. Each receptacle shall be emptied regularly at least
once each month or sooner, as dictated by the amount of items placed
inside of the bin. No items shall be permitted to remain in the area
surrounding the bin.
A.
Any person, partnership, firm or corporation violating any provisions
of this chapter shall, upon conviction, be punished by one or more
of the following:
B.
The minimum penalty or fine for violation of any provision of this
chapter shall be $100.
C.
Each violation of any of the provisions of this chapter and each
day that same is violated shall be deemed and taken to be a separate
and distinct offense.
D.
In addition to the foregoing fines or penalties, any person, partnership,
firm, or corporation violating any of the provisions in this chapter
within one year of the date of a previous violation of the provisions
of this chapter shall be subject to be sentenced to an additional
fine as a repeat offender. A repeat offense is one that occurs on
nonconsecutive dates or at a separate location by the same offender.
The additional fine shall be in addition to the fine set forth above
and shall be $500 for each offense.
In addition to any other penalties or remedies authorized by
the laws of the State of New Jersey, any owner or responsible party
who violates any provision of P.L.2007, c.209 (N.J.S.A. 40:48-2.60
et seq.) which results in seizure of the donation clothing bin shall
be:
A.
Subject to a penalty of up to $20,000 for each violation. The Code
Enforcement Officer may bring this action in the Municipal Court or
Superior Court 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 Borough of Roselle;
and
B.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to Section 2 of P.L.2007, c.209
(N.J.S.A. 40:48-2.61). An owner or responsible party disqualified
from placing, using, or employing a receptacle and/or clothing/material
donation clothing bin by violating the provisions of P.L.2007, c.209
(N.J.S.A. 40:48-2.60 et seq.) may apply to the Borough of Roselle
Code Enforcement Department to have the owner or responsible party's
eligibility restored. The Borough of Roselle Code Enforcement Department
may restore the eligibility of a person who:
