Borough of Wenonah, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wenonah 4-23-2009 by Ord. No. O-2009-6. Amendments noted where applicable.]
The purpose of this ordinance is to implement the provisions of P.L. 2007, c. 209 (C. 40:48-2.60 et seq.) and establishing guidelines for the use of charitable clothing bins/donation clothing bins throughout the Borough of Wenonah.
Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a charitable clothing bin/donation clothing bin, for solicitation purposes, unless all of the following requirements are met:
A. 
Permit. The person shall obtain a permit, valid for one year, issued by the Borough's Zoning Officer or his/her designee. In applying for such a permit, the person shall include:
(1) 
The location where the bin would be situated, as precisely as possible;
(2) 
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 the collected donations would be allocated or spent;
(3) 
The name and telephone number of the bona fide office of any entity which may share or profit from any clothing or other donations collected via the bin; and
(4) 
Written consent from the property owner to place the bin on his property.
B. 
Renewal of permit. An expiring permit for a charitable clothing bin/donation clothing bin may be renewed upon application for renewal.
C. 
Denial of permit. The Borough of Wenonah's Zoning Officer or his/her designee shall not grant an application for a permit to place, use or employ a charitable clothing bin/donation clothing bin if the Zoning Officer 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 donation clothing bin within 100 yards of any place which stores or sells, fuel or other flammable liquids or gases or other combustible products.
D. 
Display of permit information. The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin. In addition, the following information set forth in Subsection D(1) shall be displayed:
(1) 
The following information must be clearly and conspicuously displayed on the exterior of the charitable clothing bin/donation clothing bin:
(a) 
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;
(b) 
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. For purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office; and
(c) 
In cases when any entity other than the person who owns the bin any 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 person who owns the bin, and identifying all such entities which may share or profit from such donations.
All complaints received from the public regarding a charitable clothing bin/donation clothing bin shall be investigated within 30 days by the Zoning Officer of the Borough of Wenonah. Whenever it appears to the Zoning Officer of the Borough of Wenonah that a person has engaged in, or is engaging in any act or practice in violation of this ordinance, the person 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 person who placed the bin, and any clothing or any 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.
In the event the person who placed the bin does not rectify the violation or request a hearing within 45 days or the posting of the warning, the Zoning Officer of the Borough of Wenonah may seize the bin, remove it or have it removed, at the expense of the person who placed the bin and sell it at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the Borough of Wenonah.
In addition to any other penalties or remedies authorized by the laws of the State of New Jersey, any person who violates any provision of this ordinance which results in the seizure of the charitable clothing bin/donation clothing bin shall be:
A. 
Subject to a penalty of up to $20,000 for each violation. The Borough of Wenonah 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," P.L. 1999, c.274 (C.2A:58-10 et seq.) and any penalty monies collected shall be paid to the Chief Financial Officer of the Borough of Wenonah.
B. 
Deemed ineligible to place, use, or employ a charitable clothing bin/donation clothing bin for solicitation purposes pursuant to N.J.S.A. 40:48-2.60, et seq. A person disqualified from placing, using or employing a charitable clothing bin/donation clothing bin by violating provisions of N.J.S.A. 40:48-2.60, et seq., may apply to the appropriate municipal agency to have that person's eligibility restored. The Zoning Officer of the Borough of Wenonah may restore the eligibility of a person who:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that he 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 or had no fraudulent intentions.