[HISTORY: Adopted by the Borough Council
of the Borough of Eatontown 5-26-2021 by Ord. No. 08-2021. Amendments noted
where applicable.]
As used in this chapter, 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.
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.
Charitable organization. The clothing donation bin is owned or sponsored
by a charitable organizations as defined in N.J.S.A. 45:17A-20, or
is sponsored by any department, committee, or agency of the Borough;
B.
Permit requirement. The organization has obtained a permit, valid
for a twelve-month period, from the Borough's Zoning Officer
in accordance with the following:
(1)
Pursuant to N.J.S.A. 40:48-2.61, in its application for such a permit,
the registered organization shall indicate:
(a)
The location where the bin would be situated, as precisely as
possible;
(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 required,
pursuant to Subsection b of N.J.S.A. 40:48-2.61, of 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
his property.
(2)
The Zoning Officer shall not grant a permit to place, use or employ
a clothing donation bin if he or she determines that the placement
of the bin could constitute a safety hazard.
(3)
The Zoning Officer shall impose a fee for such application, in the
amount of $25 annually for each bin, to offset the costs involved
in enforcing this section.
(4)
All permits issued hereunder shall expire on December 31 of each
year, and an expiring permit for a clothing donation bin may be renewed
upon application for renewal and payment of the applicable annual
fee.
Pursuant to N.J.S.A. 40:48-2.61, the following information shall
be clearly and conspicuously displayed on the exterior of the clothing
donation bin:
A.
The permit number and its date of expiration;
B.
The name and address of the registered organization that owns or
is the sponsor of the bin, and any other entity which may share or
profit from any clothing or other donations collected via the bin;
C.
The telephone number of the registered 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 donation collected via the bin;
D.
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; and
E.
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.
It shall be the duty of each registered 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 a nuisance, hazardous or unsafe condition.
A.
The Zoning Officer shall not be authorized to issue more than 10
total clothing donation bin permits within the Borough.
B.
The Zoning Officer or other person designated by the Borough as a
person authorized to enforce the provisions of this section 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.
Any licensee who violates any provision of this section and
fails to cure such violation within 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:
The owner of any clothing donation bin which is sponsored by
any department, committee, or agency of the Borough shall be required
to comply with the licensure requirements hereof, but shall specifically
be exempt from the fee requirement hereof.
