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]
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. 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]
PERMITTEE
Any person who has received a drop-off bin permit.
PERSON
An individual, partnership, association, firm, company, corporation,
organization or other entity, other than a municipal entity.
REGISTRANT
Any person, as defined above, that properly registers a drop-off
bin pursuant to the provisions of this chapter.
[Amended 4-27-2010 by L.L. No. 3-2010]
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 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. Notwithstanding the above, no cost associated with the removal of a drop-off bin shall be charged to, or levied against, the property owner under Subsection
D above if such cost is otherwise collected or remunerated pursuant to the sale or disposition of said bin.
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.