[HISTORY: Comes from L.L.
No. 102-2005,[1] adopted 11-29-2005, effective 12-16-2005.]
[1]
Editor's Note: Section 2 of this local law stated that
it would become effective upon the expiration of 60 days following
its filing with the Secretary of State.
It has come to the attention of the Town 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.
C.
The owner, lessee, or other person or legal entity in control of
the property where the clothing bin is being maintained and the person
or entity which owns, maintains, or operates the clothing bin in violation
of this chapter shall be jointly and severally liable for such violation(s)
therefor.
A.
Any person or entity wishing to place or utilize a clothing bin within
the unincorporated area of the Town of Hempstead in a place that is
open to the public must obtain a permit from the Department of Buildings.
B.
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. Proof of such tax status must accompany an application
for a permit.
C.
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.
Additionally, a clothing bin that is subject to the provisions of
this chapter is hereby required to have conspicuously placed upon
it a sticker provided by the Department of Buildings, indicating that
the clothing bin has been permitted by the Town of Hempstead for use
in connection with charitable purposes at a specific location designated
on the permit. All clothing bins that are lawfully in existence on
the effective date of this requirement shall have such sticker placed
upon it no later than October 1, 2012. No such sticker shall be removed
or covered, except upon permission of the owner of the clothing bin
to which it is affixed. Any clothing bin without a sticker as provided
herein shall be presumed to be in violation of this chapter. No clothing
bin with a sticker affixed to it as provided herein shall be relocated
or removed from any private property except upon 30 days prior written
notice sent by the private property owner to the owner of the clothing
bin, to the Town Clerk and to the Commissioner of Buildings, by certified
mail, return receipt requested, advising of such intent to relocate
or remove the clothing bin from the property.
[Amended 9-4-2012 by L.L. No. 63-2012, effective 9-14-2012]
D.
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 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 Department of Buildings and the
Nassau County Police Department are hereby authorized to issue summonses
or appearance tickets, returnable in the District Court of Nassau
County, 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.
D.
Additionally, the Town Attorney may, in an appropriate case, institute
an injunction action in the name of the Town to assure compliance
with the terms of this chapter.
This chapter shall not apply to any clothing bin that is located
on premises that is owned or leased by any religious, charitable or
eleemosynary organization.
In the event that any provision of this chapter shall be deemed
illegal or otherwise unenforceable by a court of competent jurisdiction,
then only that specific provision shall not be enforced, and all other
sections and provisions shall remain in full force and effect.
