[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.]
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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
Any person who has received a drop-off bin permit.
An individual, partnership, association, firm, company, corporation,
organization or other entity.
Any exempt entity as qualified under IRS Code § 501(c)(3).
Any person, as defined above, that properly registers a drop-off
bin pursuant to the provisions of this chapter.
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.
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.
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.
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.
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.
[Amended 12-15-2022 by L.L. No. 14-2022, effective 12-30-2022]
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 second conviction within a two-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.
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.