[HISTORY: Adopted by the Town Council of the Town of Coventry 9-26-2016 by Ord. No. 05-16-311.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
205 but was renumbered to maintain the alphabetical organization of
the Code.
This is a chapter amending, the Municipal Code of the Town of
Coventry, Clothing Collection Bins, establishing rules, regulations
and registrations of said clothing collection bins.
It is the intent of this chapter to encourage the proper, transparent
and community beneficial use of clothing collection bins that contribute
to reducing, the amount of textile and household waste going to landfills
by entities that also support charitable organizations and local economies.
As used in this chapter, the following terms shall have the
meanings indicated:
A closed receptacle or container made of metal, wood, steel
or similar material designed or intended for the collection of unwanted
clothing, shoes, textiles and other household items.
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.
Party that has express (oral or written) or implied authority
through employment, by contract or apparent authority to act for the
owner so as to bring the owner into contractual relationships with
other parties.
A person that rents or leases a property from a property
owner, or a person that represents the lessee, such as a store manager,
regional manager, superintendent or other person with authority from
the lessee.
Any person, organization or corporation that receives a permit
to operate a bin in the Town pursuant to this chapter.
A.
Permit required; dates of issuance, expiration, response.
(1)
It shall be unlawful for any person, firm, or corporation to erect,
place, maintain or operate any collection bin without first obtaining
a permit issued by the Town Clerk.
(2)
A permit issued under this chapter shall be valid for one year and
renewable for one-year periods thereafter.
(3)
A permitting agency must respond to a permittee's application
for a permit within 30 days and must provide adequate justification
if the permit request is denied.
C.
Form of application. The application for a collection bin permit
shall require the following information from the permittee:
(1)
Proof that the permittee is a registered charitable 501(c)(3) organization
and information pertaining to the permittee's status with the
state corporation regulatory agency; or if the permittee is a for-profit
company, information pertaining to the permittee's status with
the state corporation regulatory agency, such as a certificate of
good standing with the state. In addition, as to all entitled, proof
shall be submitted to the Town Clerk that the entity is authorized
through the Rhode Island Secretary of State to conduct business in
the State of Rhode Island.
(2)
Name, address, telephone number, and name of contact person of the
organization that is applying for the permit. It is the responsibility
of the permit holder to keep such information updated whenever the
permit holder changes its mailing address.
(3)
Written consent from the property owner or owner's agent or
person in lawful possession of the property to place the bin on the
property, including name, address and telephone number of the owner
or owner's agent.
D.
Proof of permit. The Town shall provide the permittee with one permit
sticker for each approved permit. Such sticker shall display the Town
Seal, name of permittee, permit number and expiration date. The sticker
shall be placed in a conspicuous place in front of the bin that is
installed on the permitted property. The Town will provide replacement
stickers for $5 should the original sticker become damaged, fall off
or disappear.
A.
Location Restriction. The Town shall not grant an application for
a permit to place, use, or employ a collection bin if it determines
that the placement of the bin could constitute a safety hazard.
B.
Management; insurance and maintenance and requirements.
(1)
The permittee must provide proof to the Town Clerk of a certificate
of liability insurance of at least $1 million for each permitted bin.
(2)
The permittee must maintain the aesthetic presentation of the bin,
including fresh paint, readable signage and general upkeep.
(3)
The permittee must provide the property owner or owner's agent
with a telephone number for requests to respond to bin maintenance
complaints.
(4)
The permittee must maintain a telephone number that is answered by
a live person and has an answering machine, and, at a minimum, return
messages the next business day.
(5)
The permittee must respond to bin maintenance complaints within 24
hours of receiving notification during regular business hours.
(6)
Permittee must remove graffiti within 72 hours following notice of
its existence.
(7)
If a bin becomes damaged or vandalized, it shall be repaired, replaced
or removed within five days of receipt of notice of such condition,
unless damage is such as to constitute a danger to persons or property,
in which case it shall be made safe within 24 hours of notice of such
condition.
C.
Information and label requirements. The front of every collection
box shall conspicuously display the following:
(1)
The name, address, telephone number, and, if available, the Internet
web address of the owner and operator of the collection box.
(2)
A statement, in at least two-inch typeface, that either reads, "This
collection box is owned and operated by a for-profit organization,"
or "This collection box is owned and operated by a nonprofit organization."
(3)
For purposes of this chapter, a commercial fundraiser shall be classified
as a for-profit organization.
(4)
If the collection box is owned by a nonprofit organization, the front
of the collection box shall also conspicuously display a statement
describing the charitable cause that will benefit from the donations.
(5)
If the collection box is owned by a for-profit entity, the front
of the collection box shall also conspicuously display a statement
that reads "This donation is not tax deductible." If the collection
box is owned and operated by a commercial fundraiser, the commercial
fundraiser may post notice of donations to a charitable cause only
on the sides of the box. Such notice may not be larger in font size
and cover area than the for-profit entity's name and address
that is posted on the box's primary area, the front, and/or shall
constitute less than 25% of the notice space of the box.
A.
In addition to any other penalties or remedies authorized by the
laws of this state or Town, any person who violates any provision
of this chapter shall be subject to a penalty of $100 for each violation,
which includes:
(1)
Unpermitted placement of a collection bin.
(2)
Failure to respond to maintenance requests pursuant to this chapter.
(3)
Failure to maintain collection bins pursuant to this chapter.
(4)
Failure to adhere to placement and removal provisions pursuant to
this chapter.
(5)
Failure to adhere to all permit requirements pursuant to this chapter.
B.
If a permittee is found to have willfully violated or ignored the
provisions of this chapter, or is found to have perpetrated fraud
regarding the operation and use of the collection bin, the permitee
shall be fined and will be deemed ineligible to place, use or employ
a collection bin pursuant to this chapter, and may have any or all
bins removed by the Town.
The Municipal Court of the Town of Coventry shall have jurisdiction
to enforce this chapter and to decree such relief, inclusive of fines
and penalties and injunctive relief, such as to fulfill the terms
of this chapter.
A.
The Town shall have the authority to determine if a collection bin has been abandoned by its owner. Abandonment of a collection bin may be determined when contents are not regularly emptied, when contents litter the ground surrounding the bin, maintenance of the bin has not been performed, the owner fails to renew permits or renewal applications and/or other violations as described in § 115-6 of this chapter.
B.
Upon a determination by the Town that a collection bin is abandoned, the Town shall mail a notice of the determination to the owner of the collection bin by certified and regular mail to the address set forth in § 115-4C(2) of this chapter. The notice shall be mailed to the address last provided to the Town by the owner. If no response or action is taken by the owner within 10 business days of the mailing of the notice, the Town may seek an order from the Municipal Court to relocate, reuse, recycle, or discard the collection bin.
