[HISTORY: Adopted by the Board of Trustees of the Village
of Island Park 10-17-2008 by L.L.
No. 8-2008. Amendments noted where applicable.]
It has come to the attention of the Village Board that commercial
enterprises are soliciting donations of clothing to clothing bins
with the appearance that such clothing will be used for charitable
purposes. However, such commercial enterprises may thereafter be selling
such clothing with little or no benefit to any charitable organizations.
It is the purpose of this chapter to prohibit commercial enterprises
from soliciting clothing donations by the furnishing of commercial
bins on commercial properties which result in proceeds that do not
benefit charitable organizations.
As used in this chapter, the following terms shall have the
meanings indicated:
Any container or receptacle held out to the public as a place
for people to drop off articles of clothing and to store such clothing
until carted away.
A.
No person or other legal entity shall hold any clothing bin out to
the public for people to drop off articles of clothing unless the
proceeds from the sale of such clothing shall be utilized for charitable
purposes.
B.
No person or other legal entity shall place or maintain any clothing
bin on any premises open to the public except when issued a permit
by the Department of Buildings.
A.
Only entities or organizations that have a tax status under Section
501(c)(3) of the Internal Revenue Code, as amended, may apply for
and obtain a permit from the Building Department. Proof of such tax
status must accompany an application for a permit.
B.
A clothing bin that is subject to the provisions of this chapter
must have clearly identified, in writing, on its face the entity or
organization that is maintaining the clothing bin. A phone number
and address for such entity must also be written on the clothing bin.
C.
There shall be no fee for an application or permit to place a clothing
bin subject to the provisions of this chapter at any location.
A.
The owner, lessee, or other person or legal entity in control of
the property where a clothing bin is being maintained in violation
of this chapter and the person or entity who or which owns, maintains,
or operates a clothing bin in violation of this chapter shall be jointly
and severally liable therefor.
B.
Code enforcement officers of the Building Department and the Nassau
County Police Department are hereby authorized to issue summonses
or appearance tickets, returnable to the Village Justice Court, located
at 127 Long Beach Road, Island Park, NY 11558, for any violations
of this chapter.
C.
Any such violation shall be categorized as a petty offense, punishable
by a fine of up to $250 per violation, per day, and/or up to 15 days
in jail. Each day that the offense(s) shall continue shall be considered
a separate violation.
This chapter shall not apply to any clothing bin that is located
on premises that are owned or leased by any religious or charitable
organization.
