Pitman City Zoning Code
§ 35-37.4
Violations/Complaints from Public.
[Ord. No. 3-2013]
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 Pitman. Whenever it appears to the Zoning Officer of the Borough of Pitman that a person has engaged in, or is engaging in any act or practice in violation of this section, 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 violations or request a hearing within 45 days of the posting of the warning, the Zoning Officer of the Borough of Pitman 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 Pitman.
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 section 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 Pitman 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 Pitman; and
b.
Deemed ineligible to place, use or employ a charitable clothing bin/donation clothing bin for solicitation purposes pursuant to Section 2 of P.L. 2007. A person disqualified from placing, using or employing a charitable clothing bin/donation clothing bin by violating provisions of P.L. 2007 may apply to the appropriate municipal agency to have that person's eligibility restored. The Zoning Officer of the Borough of Pitman may restore the eligibility of a person who: