[Ord. No. 13-05]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a clothing donation bin within
the Borough for solicitation purposes unless all of the following
requirements are met:
a.
The clothing donation bin is owned or sponsored by a charitable organization
registered pursuant to N.J.S.A. 45:17A-18 et seq., or is sponsored
by any department of the Borough;
b.
The registered charitable organization has obtained a permit, valid
for a specific period of time, from the Borough's Code Enforcement
Official in accordance with the following:
1.
In its application for such a permit, the registered charitable organization
shall indicate:
(a)
The location where the bin is currently situated or proposed to be
situated;
(b)
The manner in which the charitable organization anticipates any clothing
or other donations collected via the bin would be used, sold, or dispersed
and the method by which the proceeds of collected donations would
be allocated or spent;
(c)
The name and telephone phone number of the bona fide office of the
charitable organization and any entity which may share or profit from
any clothing or other donations collected via the bin; and
(d)
Written consent from the property owner to place the bin on its property.
2.
The Code Enforcement Official shall not grant a permit to place,
use, or employ a clothing donation bin if he/she 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 clothing
donation bin within one hundred (100) yards of any place which stores
large amounts of, or sells, fuel or other flammable liquids or gases.
3.
The Code Enforcement Official shall impose a fee for such application,
in the amount of twenty-five ($25.00) dollars annually for each bin
to offset the costs involved in enforcing this section.
4.
An expiring permit for a clothing donation bin may be renewed upon
application for renewal and payment of the applicable annual fee.
Such application for renewal shall include information detailing:
(a)
The location where the bin is situated, and, if the person intends
to move it, 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 its property is obtained;
(b)
The manner in which the charitable organization has used, sold, or
dispersed any clothing or donations collected via the bin; the method
by which the proceeds of collected donations have been collected or
spent; and any changes the charitable organization anticipates it
may make in the processes during the period covered by renewal; and
(c)
The name and telephone number of the bona fide office of the charitable
organization and of any entity which shared or profited from any clothing
or other donations collected via the bin, and of any entities which
may do so during the period covered by the renewal.
5.
The permit number and its date of expiration shall be clearly and
conspicuously displayed on the exterior of the clothing donation bin
in addition to the information required pursuant to paragraph d. of
this section.
c.
The registered charity, and any other entity which may share or profit
from any clothing or other donations collected via the bin maintains
a bona fide office where a representative of the charitable organization
or other entity, respectively, can be reached at a telephone information
line during normal business hours for the purpose of offering information
concerning the charitable organization or other entity. For the purposes
of this paragraph, an answering service unrelated to the charitable
organization does not constitute a bona fide office.
d.
The following information shall be clearly and conspicuously displayed
on the exterior of the clothing donation bin:
1.
The name and address of the registered charitable organization that
owns or is the sponsor of the bin, and of any other entity which may
share or profit from any clothing or other donations collected via
the bin;
2.
The registered charitable organization's charitable registration
number;
3.
The telephone number of the registered charitable organization'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.
4.
In cases when any entity other than the entity which 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 clothing or other donations collected via
the bin, their proceeds, or both, may be shared or given entirely
to, an entity other than the entity which owns the bin, and identifying
all such entities which may share or profit from such donations;
5.
A statement, consistent with the information provided to the Borough
in the most recent permit or renewal application indicating the manner
in which the entity anticipates any clothing or other donations collected
via the bin would be used, sold, or dispersed, and the method by which
the proceeds of collected donations would be allocated or spent;
6.
The telephone number and website through which information may be
obtained from the Division of Consumer Affairs regarding the charitable
organization that owns the bin.
[Ord. No. 13-05]
It shall be the duty of each registered charitable organization
issued a permit hereunder to properly maintain and service any clothing
donation bin placed within the Borough so as to prevent such clothing
bin from creating any nuisance, hazardous or unsafe condition.
[Ord. No. 13-05]
The Code Enforcement Official or other person designated by
the Borough Council as a person authorized to enforce the provisions
of this chapter shall, upon receipt of a complaint by a local resident
or any other person that a clothing donation bin is causing a nuisance,
hazardous or unsafe condition, investigate such complaint and take
such enforcement action as is permitted pursuant to N.J.S.A. 40:48-2.62
and N.J.S.A. 40:48-2.63. The Code Enforcement Official shall not be
authorized to issue more than eight (8) total clothing donation bin
permits within the Borough, and no more than two (2) at any given
site.
[Ord. No. 13-05]
Any licensee who violates any provision of this chapter and
fails to cure such violation within forty-eight (48) hours of notice
of such violation shall be subject to the following penalties, in
addition to those penalties and remedies set forth in N.J.S.A. 40:48-2.62
and 40:48-2.63:
[Ord. No. 13-05]
The owner of any clothing donation bin which is sponsored by
any department of the Borough shall be required to comply with the
licensure requirements hereof, but shall specifically be exempt from
the fee requirement hereof.
