[Added Ord. 15-32 12-28-2015]
[1]
Editor's Note: The Clothing Donation Bin License is included as an attachment to this chapter.
As used in this Article, the following terms shall have the
meanings indicated:
Any receptacle or container made of metal, steel, or any
other material designed for the collection and temporary storage of
donated clothing or other materials.
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind or value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
No person shall place, use or employ a donation clothing bin,
for solicitation purposes in the Township of East Brunswick without
having first obtained a license from the Code Enforcement Officer
and having paid the required license fee. The fee for a clothing donation
bin license shall be twenty five dollars ($25) for an initial license
and twenty-five dollars ($25) per year thereafter.
The applicant shall include the following information:
A.
The location where the bin would be situated, as shown on a map or
sketch;
B.
The manner in which the person 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 number of the bona fide office where a representative
of the person or other entity, respectively, can be reached at a telephone
information line during normal business hours for the purpose of offering
information concerning the person or other entity. For the purposes
of this ordinance, an answering machine or service unrelated to the
person does not constitute a bona fide office; and
D.
Written consent from the property owner to place the bin on his property.
The municipality may deny an application for clothing donation
bins if they believe the location would constitute a safety hazard.
Such hazards shall include, but not be limited to, the placement of
a donation clothing bin within 100 yards of any place which stores
large amounts of, or sells fuel or other flammable liquids or gases;
located so as to not interfere with sight triangles, on-site circulation,
landscaping or any other requirements that may have been imposed as
part of the approved site plan of the premises; or impede traffic
flow.
Bins shall not be located on a residential property. Locations
that abut a residential property and/or zone shall be setback at least
ten (10') feet from the side and rear property lines.
A.
Each bin shall be regularly emptied of its contents so that it does
not overflow, resulting in items being outside the bin.
B.
Each bin shall be fully enclosed and locked so that the contents
may not be accessed by anyone other than those responsible for the
retrieval of the contents.
C.
Each bin shall not cover a ground surface area in excess of five
feet by five feet, nor be more than six feet in height.
An expiring permit for a donation clothing bin may be renewed
upon application for renewal and payment of $25 annually, to offset
the costs involved in enforcing C. 40:48-2.60 et seq. Such application
shall include:
A.
The location where the bin would be situated, as shown on a map or
sketch, and if the person intends to move it, the new location where
the bin would be situated after the renewal is granted;
B.
The manner in which the person has used, sold, or dispersed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent, and
any changes the person anticipates it may make in these processes
during the period covered by the renewal;
C.
The name, and telephone number of the bona fide office where a representative
of the person or other entity, respectively, can be reached at a telephone
information line during normal business hours for the purpose of offering
information concerning the person or other entity. The name, and telephone
number of the bona fide office where a representative 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; and
D.
Written consent from the property owner to continue to located the
bin on his property.
The following shall be displayed on the bin in a clear and conspicuous
manner on the exterior of the bin:
A.
The permit number and its date of expiration;
B.
The name and address of the registered person that owns the bin,
and of any other entity which may share or profit from any clothing
or other donations collected via the bin; and the telephone number
of the person'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;
C.
In cases when any entity other than the person who 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 the clothing or other donations collected via the
bin, their proceeds, or both, may be shared, or given entirely to,
an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations; and
D.
A statement, consistent with the information provided in the most
recent permit or renewal application indicating the manner in which
the person 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.
The Code Enforcement Officer shall receive and investigate,
within 30 days, any complaints from the public about the bin. Whenever
it appears to the Code Enforcement Officer that a person has engaged
in, or is engaging in any act or practice in violation of this article,
the person who placed the bin shall be issued a warning, stating that
if the violation is not rectified within 45 days, the bin will be
seized or removed at the expense of the person 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 any
other means used to notify the person who placed the bin, such warning
shall be affixed to the exterior of the bin itself. Any proceeds from
the sale of the donations collected via the bin shall be paid to the
Chief Financial Officer of the municipality.
