[HISTORY: Adopted by the Town Board of the Town of Southampton 5-27-2014 by L.L. No.
18-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 254.
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:
A closed container having an opening through which new or
used donations of clothing, toys or other items can be deposited and
stored. Such container shall hereinafter be deemed a "structure" for
purposes of site plan review only, and shall not require a building
permit.
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.
Any person who has received a drop-off bin permit.
An individual, partnership, association, firm, company, corporation,
organization or other entity.
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.
A.
Permit required for placement, emptying and removal. It shall be
unlawful for any person, except the Town of Southampton or other municipal
agency, 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.
B.
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. Next to the permit there shall be placed, in clear
lettering, the name and telephone number of the registrant. Upon the
sale or transfer of a bin, a new permit shall be required and shall
be affixed to the bin prior to placing it in service.
C.
A permit issued under this chapter shall be valid from the date of
issuance until December 31 of the following year.
A.
The person, as defined in § 153-2, wishing to obtain a drop-off bin permit shall complete a registration application from the Town of Southampton Town Clerk. Such application, approved by the Town of Southampton Town Clerk, shall include, but not be limited to, the name, address and telephone number of the person applying for the permit; 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; owner's consent; 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. In addition, the applicant shall submit a copy of the IRS Code § 501(c)(3) exemption. The applicant shall also submit 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.
B.
Duty of registrant. A permittee shall have a duty to notify the Town
of Southampton Town Clerk of any changes in its name, address and
telephone number.
C.
Fees. A fee of $50, per bin, shall be charged for each permit.
D.
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.
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 without a valid permit; or which is overflowing or has items located on the ground around the bin, shall be in violation of this chapter and punishable for a first offense by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both; for a second offense within a five-year period, by a fine not less than $350 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 $750 and not exceeding $2,000 or imprisonment for a period not exceeding six months, or both. Each week's continued violation shall constitute a separate additional violation. Any drop-off bin illegally present on any property within the Town of Southampton is subject to being impounded pursuant to § 153-6C.
B.
Any person, owner, tenant, lessee and/or agent whose name appears upon a drop-off bin without a valid permit, or which is overflowing or has items located on the ground around the bin, shall be in violation of this chapter and punishable for a first offense by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both; for a second offense within that same five-year period, by a fine not less than $350 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 not less than $750 and not exceeding $2,000 or imprisonment for a period not exceeding six months, or both. Each week's continued violation shall constitute a separate additional violation. Any drop-off bin illegally present on any property within the Town of Southampton is subject to being impounded pursuant to § 153-6C.
C.
Impounding of illegal drop-off bin.
(1)
Any drop-off bin which is illegally present on any property within
the Town of Southampton is subject to being impounded by the Town
of Southampton without notice to the owner of the drop-off bin or
property owner.
(2)
Subsequent to the impounding of any drop-off bin, the owner of said
drop-off bin may apply to the Town Clerk for a hearing regarding the
impounding and fines and fees associated therewith.
(3)
Any drop-off bin which is impounded is subject to a fee of $250 for
transportation of said drop-off bin and a fee of $50 per day for storage
for each day of impounding.
(4)
Ten days after notification to the property owner that the drop-off
bin has been impounded, said drop-off bin shall be forfeited to the
Town of Southampton and used, sold or destroyed at the sole discretion
of the Town of Southampton.
A.
The 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.
B.
The registrant's permit shall be revoked by the Town of Southampton
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.
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.
