Town of Brookhaven, NY
Suffolk County
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[HISTORY: Adopted by the Town Board of the Town of Brookhaven 10-28-2008 by L.L. No. 22-2008, effective 1-1-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Commercial and business activities — See Ch. 19.
Peddlers — See Ch. 36.
Highways — See Ch. 38.
Recycling — See Ch. 46.

§ 43-1 Legislative intent.

It has come to the attention of the Town Board that commercial enterprises are soliciting donations of clothing, toys or other items to drop-off bins with the appearance that such items will be used for charitable purposes. Such commercial enterprises may thereafter be selling such items with little or no charitable benefit. It is the purpose of this chapter to prohibit such commercial enterprises from such solicitation by regulating commercial drop-off bins on commercial properties.

§ 43-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DROP-OFF BIN
A closed container having an opening through which new or used donations of clothing, toys or other items can be deposited and stored. Such container shall hereinafter be deemed a "structure" for purposes of site plan review only, and shall not require a building permit.
OWNER
The person or entity having legal title to property and/or the person shown as the owner of the property on the current assessment rolls of the Town.
PERMITTEE
Any person who has received a drop-off bin permit.
PERSON
An individual, partnership, association, firm, company, corporation, organization or other entity.
QUALIFIED APPLICANT
Any exempt entity as qualified under IRS Code § 501(c)(3).
REGISTRANT
Any person, as defined above, that properly registers a drop-off bin pursuant to the provisions of this chapter.

§ 43-3 Permit required; dates of issuance and expiration.

A. 
Permit required for placement, emptying and removal. It shall be unlawful for any person, except the Town of Brookhaven or other municipal agency, to maintain, place, empty or remove or cause to be maintained, placed, emptied or removed a drop-off bin without having first obtained a drop-off bin permit issued by the Town Clerk.
B. 
Permit placement. A drop-off bin permit shall be affixed to every bin used by the permittee for the collection and storage of new or used clothing, toys or other items, and the permit shall be affixed to the bin prior to placement of the bin. The permit shall be placed on the same side of the bin as the chute used for the deposit of the donated items. Next to the permit there shall be placed in clear lettering the name and telephone number of the registrant. Upon the sale or transfer of a bin, a new permit shall be required and shall be affixed to the bin prior to placing it in service.
C. 
A permit issued under this chapter shall be valid from the date of issuance until February 28 of the following odd-numbered year.

§ 43-4 Application for permit; contents; fees.

A. 
The person, as defined in § 43-2, wishing to obtain a drop-off bin permit shall complete a registration application from the Town of Brookhaven Town Clerk. Such application, approved by the Town of Brookhaven Town Board, shall include but not be limited to the name, address and telephone number of the person applying for the permit; the proposed location/address where the bin is to be placed; the name and telephone number of the owner of the location at which the bin is to be placed; owner's consent; the name and telephone number of the individual who will be placing the bin; information as to the manner and schedule for which the bin is to be emptied or removed; and the destination of the clothing to be removed from the bin. In addition, the applicant shall submit a copy of the IRS Code § 501(c)(3) exemption. The applicant shall also submit a copy of the property's site plan, with the location of the drop-off bin indicated thereon. If there is no site plan, then a survey shall be submitted, with the location of the drop-off bin indicated.
B. 
Duty of registrant. A permittee shall have a duty to notify the Town of Brookhaven Town Clerk of any changes in its name, address and telephone number.
C. 
Fees. A fee of $50, per bin, shall be charged for each permit.
D. 
Permit number. Each approved application shall be given a drop-off bin permit issued by the Town Clerk that shall be affixed to the bin as required by this chapter. Such permit shall state the permit number, name of the permittee and contact number for the permittee.

§ 43-5 Eligible applicants or permittees.

Only charitable organizations which are recognized pursuant to IRS Code § 501(c)(3) shall be permitted to apply for and obtain a drop-off bin permit.

§ 43-6 Penalties for offenses.

A. 
Any person, owner, tenant, lessee and/or agent having a legal interest in the subject property, who has upon his/her property a drop-off bin (1) without a valid permit or (2) which is overflowing or has items located on the ground around the bin, shall be in violation of this chapter and punishable for a first offense by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both; for a second offense within a five-year period, by a fine not less than $350 and not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both; and for a third or subsequent offense within that same five-year period, by a fine of not less than $750 and not exceeding $2,000 and imprisonment for a period not exceeding six months. Each week's continued violation shall constitute a separate additional violation.
B. 
Any person, owner, tenant, lessee and/or agent whose name appears upon a drop-off bin (1) without a valid permit or (2) which is overflowing or has items located on the ground around the bin, shall be in violation of this chapter and punishable for a first offense by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both; for a second offense within that same five-year period, by a fine not less than $350 and not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both; and for a third or subsequent offense within that same five-year period, by a fine of not less than $750 and not exceeding $2,000 and imprisonment for a period not exceeding six months. Each week's continued violation shall constitute a separate additional violation.

§ 43-7 Revocation of permit.

A. 
Registrant's loss of an IRS Code § 501(c)(3) exemption shall constitute an automatic revocation of the permit and the registrant must remove the permit from the bin and return it to the Town Clerk.
B. 
Registrant's permit shall be revoked by the Town of Brookhaven Town Clerk upon a third conviction within a three-year period for any violation of this chapter. Upon revocation, the registrant must remove the permit from the bin and return it to the Town Clerk.

§ 43-8 Severability.

Should any section, subsection, paragraph, sentence or phrase of this Town code be adjudged unconstitutional or invalid for any reason by a court of competent jurisdiction, such adjudication shall not affect the validity of the remaining portions of this chapter.