Ordinance No. 10-25

Introduced: November 15, 2010
Public Hearing: December 16, 2010
Status: Adopted

An ordinance of the Township of Vernon, Sussex County, New Jersey to add Chapter 190 to the code of the Township of Vernon to regulate donation clothing bins

WHEREAS, the Governing Body of the Township of Vernon has determined that the Code of the Township of Vernon should be supplemented to regulate donation clothing bins;

WHEREAS, N.J.S.A. 40:48-2.60 et seq. sets forth the regulations for the placement and use of clothing bin for solicitation purposes.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Vernon:

Section 1. The Code of the Township of Vernon shall be supplemented to add Chapter 190 as follows:

CHAPTER 190 CLOTHING BINS

190-1. Clothing Bin Permit Requirements.

  1. No person shall place, use, or employ a donation clothing bin, for solicitation purposes, within the Township of Vernon, unless they have obtained a permit from the Township of Vernon.
  2. No Permit shall be issued for a Clothing Bin until:
    1. The applicant has complied with all of the requirements set forth in N.J.S.A. 40:48-2.61;
    2. The applicant demonstrates that the proposed location is commercial property with an active principal use;
    3. The zoning officer certifies that the placement of the Clothing Bins does not violate the property’s site plan and will not create a safety hazard;
    4. The applicant certifies that the Clothing Bin will be marked with the Owner’s name, physical address, and phone number; and
    5. The applicant agrees to provide the Township with a quarterly report on the amount of textiles collected to be included in the Township’s recycling report. Failure to provide the report shall be a basis for suspending the license.

190-2. Clothing Bin Permit Application, Duration and Fee.

  1. The zoning official shall be the municipal agency as referenced in N.J.S.A. 40:48-2.61 to accept applications, process them and issue Clothing Bin Permits.
  2. The permit fee shall be $25.00 for the first bin and $10.00 for each additional bin owned by the same applicant for the initial application as well as any renewals.
  3. Permits issued by the Zoning Official shall be valid for one (1) years.

190-3. Penalty for Violations.

Any person or entity violating this Ordinance or any provision of N.J.S.A. 40:48-2.60 et seq. shall be subject to the penalties set forth in N.J.S.A. 40:48-2.63.

Section 2. Severability. The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder off this Ordinance shall not be affected thereby.

Section 3. Repealer. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

Section 4. Effective Date. This Ordinance shall take effect upon final passage and publication as provided by law.