[HISTORY: Adopted by the Suffolk County Legislature 12-2-2008 by L.L. No.
51-2008 (Ch. 266 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
This Legislature finds and determines that unidentified clothing
donation bins need to be regulated. This Legislature further finds
that residents are easily misled to think that clothing dropped in
an unmarked bin is going to charity when, in fact, that is not the
case, and oftentimes, bins are set up by for-profit enterprises that
take the discarded clothing and resell it for profit. Therefore, the
purpose of this chapter is to provide transparency to the residents
of the County regarding their gifts of clothing to charity.
As used in this chapter, the following terms shall have the
meanings indicated:
A large container (usually metal) customarily used by people
to deposit unwanted clothing.
Any individual, partnership, firm, company, association,
society, public or private corporation or group, or institution.
It shall be unlawful for any person to place, use or employ
a clothing donation bin that does not display the following information:
A.
The name, location of the principal place of business and the telephone
number of the person placing, using or employing a clothing donation
bin; and
B.
The charity registration number assigned by the Charities Bureau
of the Office of the New York State Attorney General to the person
placing, using or employing a clothing donation bin.
The information required by § 415-3 of this chapter shall at all times be conspicuously displayed on the exterior of all planes forming the perimeter sides of every clothing donation bin in uppercase type size of no less than three inches and in a color that contrasts with the color of the clothing donation bin.
In the event that a person placing, using or employing a clothing donation bin does not have a charity registration number, such person shall display, or shall cause to be displayed, in the same manner as required by § 415-4 of this chapter, the following statement:
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"THIS IS A FOR-PROFIT CLOTHING BIN."
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The Director of the Suffolk County Office of Consumer Affairs
shall have the power to impose a fine not to exceed $750 for a first
violation and $1,500 for any subsequent violation of this chapter
or any rule or regulation promulgated thereunder.
[Added 3-2-2010 by L.L. No. 4-2010]
A.
Notice
of violation.
(1)
In the event that a clothing donation bin is not in compliance with
the identification and display provisions of this chapter, the Office
of Consumer Affairs shall post a notice of violation on such bin.
If the owner's address is displayed on such bin, the office shall
also mail a copy of the notice of violation via certified mail to
such address.
(2)
The notice of violation shall include, at a minimum, the following:
(a)
A description of the violation.
(b)
A warning that the clothing donation bin must be brought into compliance within 14 days from the date of the notice of violation or such bin shall be subject to impounding as set forth in Subsection C below.
(c)
Contact information pursuant to which the owner may request
one extension of up to 14 days in order to obtain compliance. Such
extension may be granted in whole or in part by the Director of the
Office of Consumer Affairs upon the owner's showing of good cause.
In no event shall any extension be in excess of 28 days from the date
of the notice of violation.
B.
Impoundment
and redemption.
(1)
If a clothing donation bin has not been brought into compliance within
14 days following the date of the notice of violation or, if an extension
has been granted, within the time allotted by such extension, the
County of Suffolk may seize and impound a clothing donation bin for
failure to comply with the provisions of this chapter.
(2)
Such impounded clothing donation bin shall be stored by the County
of Suffolk until it has been reclaimed by the owner consistent with
the provisions of this chapter. The owner of the clothing donation
bin shall be sent notice of such impoundment at the owner's last
known address by certified mail within five days after the impoundment.
Neither Suffolk County nor any agency thereof shall be liable for
any damages arising out of the provision of an erroneous name or address
of such owner. The owner of the clothing donation bin utilized in
violation of this chapter may redeem the same upon satisfactory proof
of ownership and payment of a redemption fee of $1,000. Such impounded
clothing donation bin may only be released to the owner of the clothing
donation bin or to his or her agent as evidenced by a written, notarized
agent agreement or duly executed power of attorney.
(3)
If the owner of an impounded clothing donation bin does not reclaim
such bin within one year of the date of impoundment, the County of
Suffolk may, at its discretion, dispose of such bin.
C.
The provisions of this section shall be in addition to any other
penalties set forth by law.
The Director of the Suffolk County Office of Consumer Affairs
is hereby authorized, empowered and directed to promulgate such rules
and regulations as he deems necessary for the implementation and enforcement
of the provisions of this chapter. Such rules shall govern the conduct
of adjudicatory proceedings and appeals taken pursuant to a proceeding
commenced under Article 78 of the Civil Practice Law and Rules relating
to the assessment of civil penalties herein authorized. Such rules
shall further provide for due process procedural mechanisms and any
other mechanisms deemed necessary by the Suffolk County Attorney.
This chapter shall apply to all actions occurring on or after
the effective date of this chapter.
This chapter shall take effect no sooner than 120 days after
filing in the Office of the Secretary of State.
