[HISTORY: Adopted by the North Hempstead Town Board 2-17-2009 by L.L. No. 2-2009. 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:
- DROP-OFF BIN
- Any enclosed receptacle or container made of metal, steel or a similar product designed or intended for the donation and the temporary storage of clothing, toys or other items.
- FINANCIAL PROCEEDS
- Monies received by the qualified applicant after sale of
collected materials, less reasonable drop-off bin placement fees,
if any.[Added 4-27-2010 by L.L. No. 3-2010]
- 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. There is a rebuttable presumption that any drop-off
bin located on the owner’s property has been placed at said
property with the owner's approval.[Amended 4-27-2010 by L.L. No. 3-2010]
- Any person who has received a drop-off bin permit.
- An individual, partnership, association, firm, company, corporation, organization or other entity, other than a municipal entity.
- QUALIFIED APPLICANT
- 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.
Permit required for placement, emptying and removal. It shall be unlawful for any person, except the Town of North Hempstead or other municipal agency, or its contractors or licensees, 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.
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. Upon the sale or transfer of the bin, a new permit shall be required and shall be affixed to the bin prior to placing it in service.
The following information shall be conspicuously displayed on the exterior of the bin next to the permit in clear lettering no less than three inches in height nor more than 18 inches in height:
The name, address and telephone number of the registrant and of any other entity which may share or profit from any clothing or other donations collected via the drop-off bin.
A statement indicating the manner in which the registrant anticipates any clothing or other donations collected via the drop-off bin would be used, sold or dispersed and the method by which the proceeds of collected donations would be allocated or spent.
The Town Clerk shall not grant an application for a permit to place, use or employ a drop-off bin if it is determined that the placement of said bin could constitute a safety hazard.
In addition to the other requirements of this chapter, no person shall place, use or employ a drop-off bin for solicitation purposes unless:
[Added 4-27-2010 by L.L. No. 3-2010]
The drop-off bin is owned, leased or used for the benefit of a not-for-profit organization that has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service pursuant to IRS Code § 501(c)(3).
The financial proceeds from the sale of donated materials must be used for the exclusive benefit of the qualified applicant.
If the distribution of donated materials is conducted by a person other than the qualified applicant, such distribution must be conducted by a duly recognized § 501(c)(3) tax exempt organization whose name and address is identified on the drop-off bin permit application.
Any person desiring a permit under this chapter shall file with the Town Clerk an original and one copy of an application, under oath, in writing, on a form furnished by the Town of North Hempstead Town Clerk.
The application shall set forth the following information:
The address and telephone number of the person applying for the permit. The address must include a street address and not a post office box;
[Amended 4-27-2010 by L.L. No. 3-2010]
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;
Written consent from the owner, or the owner's designated agent, consenting to the placement of the bin on the property;
Written consent from the owner, or the owner's designated agent, consenting to the removal of the bin upon failure to comply with notice of violation pursuant to § 32-7B hereof.
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;
A description of the clothing/material donations bin to be covered by the permit;
A copy of the IRS Code § 501(c)(3) exemption;
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;
The manner in which the qualified applicant anticipates any clothing or other donations collected via the drop-off bin would be used, sold or dispersed and the method by which the proceeds of collected donations would be allocated or spent;
The name, address and telephone number of any entity which may share or profit from any clothing or other donations collected via the drop-off bin. The address must include a street address and not a post office box.
[Amended 4-27-2010 by L.L. No. 3-2010]
The qualified applicant, and any other entity which may share or profit from any clothing or other donations collected via the drop-off bin, must maintain a bona fide office where a representative of the qualified applicant or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the qualified applicant or other entity. For the purposes of this subsection, an answering machine or service unrelated to the qualified applicant or other entity does not constitute a bona fide office.
Duty of registrant: permitee shall have a duty to notify the Town of North Hempstead Town Clerk of any changes in its application, including but not limited to a change in name, address, telephone number or the location of the drop-off bin.
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.
There shall be an administrative fee of $50 charged for each drop-off bin permit issued pursuant to this chapter.
Every permit issued hereunder shall be issued as of the first day of February, or subsequent date of issuance, and shall expire on the 31st day of January next succeeding such date. There shall be no reduction in fees for fractional parts of the year.
No person shall place a drop-off bin on any Town property, or property maintained by the Town, or on any other public sidewalk, roadway, or right-of-way.
No drop-off bin shall be used for advertising or promotional purposes other than the name address and phone number of the permittee and information regarding the purpose for which the drop-off bin is intended.
No drop-off bin shall be placed on a premises so as to interfere with any zoning requirement, or any other requirement that may have been imposed as part of the site plan approval for the premises, or Board of Zoning and Appeals decision.
The drop-off bin shall be placed on a paved surface.
No drop-off bin shall be larger than six feet high by six feet wide by five feet deep.
The drop-off bin must be of a neutral color or closely compatible with the color of surrounding structures so as to make the bin as visually unobtrusive as possible.
No premises shall have more than eight drop-off bins. Notwithstanding this provision, the Commissioner of the Planning Department may recommend to the Town Clerk, upon written request from a qualified applicant, the placement of additional bins at the premises, following the Commissioner's review of the application and a determination that additional bins would not overcrowd the lot where the proposed bin would be situated.
The drop-off bin shall be of the type that is enclosed by use of a receiving door and locked so that the contents of the bin may not be accessed by anyone other than those responsible for the retrieval of the contents.
Any person, permittee, owner, tenant, lessee and/or agent having a legal interest in the subject property, who has upon his/her property a drop-off bin, or whose name appears upon a drop-off bin, shall maintain the drop-off bin and its surrounding area in a clean and neat condition, consistent with the provisions of this Code and the following:
Any graffiti placed on the drop-off bin must be removed within 72 hours following notice of its existence.
If a drop-off bin becomes damaged or vandalized, it shall be repaired, replaced or removed within five days of receipt of notice of such vandalism, unless the 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 said condition.
Each drop-off bin must be regularly emptied of its contents so that it does not overflow, resulting in clothing or other material being strewn about the surrounding area.
[Amended 4-27-2010 by L.L. No. 3-2010]
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 in violation of this chapter and any person, permittee, qualified applicant, registrant or other person which owns, maintains or operates a drop-off bin in violation of this chapter shall be punishable for a first offense by a fine of no more than $500 or imprisonment not to exceed 15 days, or both; for a second offense within a five-year period, by a fine of not less than $500 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 $1,000 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.
In the event that 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 in violation of this chapter, or any person, permittee, qualified applicant, registrant or other person who owns, maintains or operates a drop-off bin in violation of this chapter, shall fail or refuse to correct any violation of this chapter within 15 days after receiving notice of said violation, the Superintendent of Highways, his designee or such independent contractor as may be authorized by resolution of the Town Board is hereby authorized to remove or cause to be removed the subject drop-off bin and take or cause the same to be taken to a facility for redemption and/or disposition as hereinafter provided. In addition to any other means used to notify a person of the existence of a violation of this chapter, a warning may be affixed to the exterior of the bin itself in such form as approved by the Town Attorney.
Whenever a drop-off bin that is removed contains identification of ownership or right to possession, and sets forth an address for notice purposes, notice of such removal shall be sent to such person by ordinary mail advising of such removal, the facility to which it was removed, the fees necessary to redeem the bin and a statement that failure to redeem the bin within 14 days from service of such notice may result in the sale or disposition of the bin.
Whenever the drop-off bin is located at the subject property under a duly issued drop-off bin permit, or where the owner fails to rebut the presumption that a drop-off bin is located on said property with his/her approval, the cost of such removal, including reasonable legal and administrative costs, may be billed to the owner of the property and, if unpaid after 14 days from service of such notice, may be levied against the real property upon which the violation occurred, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise discharged and shall be collected in the same manner and at the same time as other Town charges. An owner may rebut the presumption that a drop-off bin is located on the subject property with his/her approval by a showing of competent evidence to the Town Clerk.
Any drop-off bin removed under this chapter may be redeemed by the owner of the bin, or agent thereof, at any time prior to disposition, by tendering, during regular business hours, the sum covering the cost of such removal, including legal and administrative costs, plus the sum of $10 for each day or part thereof that the drop-off bin is held at the facility, together with an advertising charge if the property was advertised for sale. Satisfactory proof of ownership or lawful right to possession shall be provided prior to the drop-off bin being released. Any return of a drop-off bin to a person claiming the same pursuant to this chapter shall be an absolute defense to the Town, and its agents, against any other person claiming same.
The Town, or its agent, may dispose of any drop-off bin, together with the contents thereof, if any, that is removed under this chapter and held in a facility beyond the fourteen-day redemption period following service of notice in any manner permitted by law. Any such sale or other disposition shall be without liability on the part of the Town, or its agent, to the owner of such drop-off bin or other person having an interest therein.
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.
A registrant's permit shall be revoked by the Town of North Hempstead 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.
Any permit issued hereunder may be suspended or revoked, for a period to be determined by the Town Clerk, if it is determined that the applicant made any misrepresentation or false statement in the permit application. No permit shall be suspended or revoked by the Town Clerk under this subsection without a hearing having been held thereupon not less than two business days after written notice thereof shall have been given to the applicant, either in person or by registered or certified mail.
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.
This chapter shall be effective upon filing with the Secretary of State and shall apply to all drop-off bins in place on the effective date of this chapter and to all drop-off bins placed subsequent to the effective date of this chapter. Notwithstanding the above, no violation of this chapter will be charged prior to June 1, 2009, and no violation of this chapter regarding failure to obtain a permit will be charged against a person which has filed the necessary permit application with the Town Clerk in proper form and in good faith, with all required information and attachments, on or before June 1, 2009.