[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:
