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:
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.
REGISTRANT
Any person, as defined above, that properly registers a drop-off
bin pursuant to the provisions of this chapter.
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.
[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.