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Town of Franklin, MA
Norfolk County
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[HISTORY: Adopted by the Town Council of the Town of Franklin 10-1-2014 by Bylaw Amendment 14-741. Amendments noted where applicable.]
The purpose of this bylaw is to regulate the location, siting, and maintenance of collection containers for used clothing, household goods, books and other items to protect public health and safety, including preventing rodents and vermin and blight.
CHARITABLE ORGANIZATION
A duly organized and existing legal entity which has received a formal designation under Section 501c(3) of the United States Internal Revenue Code and maintains an office or facility within the Town.
COLLECTION CONTAINERS
Any bin or other container where a member of the public may donate or otherwise dispose of used clothing, shoes, household goods, books or other items.
DUMPSTER/DUMPSTER-TYPE
A container with a hinged lid on top designed to be emptied by mechanically lifting and inverting it.
HOUSE OF WORSHIP
Property containing a building which serves as the principal place of worship for a local congregation of a duly established and generally recognized religious denomination.
UNCOLLECTIBLE GOODS OR ITEM
Any goods or item, the collection of which is not specifically authorized in § 65-3.
A. 
Collection containers for used clothing, shoes, household goods, and books, only, are permitted within the Town and only in the locations specified in this bylaw; collection containers for other goods or items and at other locations are prohibited.
B. 
A collection container shall be fully enclosed with a pull-down, self-closing door located on the front section. It shall have a footprint of no more than 25 square feet and a height of no more than six feet, measured from the bottom edge to the top edge of the front and rear sections. Dumpster-type containers are prohibited, regardless of dimensions.
C. 
Any existing collection container for uncollectible goods or items or which does not comply with specifications contained in this section shall be removed within 30 days following the effective date of this bylaw; any existing collection container located in a non-permitted location or improperly sited shall be removed and/or relocated within 90 days following the effective date of this bylaw.
This bylaw shall not apply to:
A. 
Commercial trash dumpsters.
B. 
Town of Franklin trash and recycling toters.
Collection containers are permitted in the following locations:
A. 
Private property located within the Industrial District, as defined in Chapter 185 of the Franklin Town Code and designated on the Town's official Zoning Map; a collection container is not permitted on an unimproved or vacant lot, and no more than four containers are permitted on an improved lot.
B. 
Up to two collection containers may be placed and maintained at a house of worship for the particular religious denomination's own charitable work.
C. 
A charitable organization may place and maintain up to two collection containers on its property for its own charitable work.
D. 
The Town Recycling Center, in the discretion of the Director of Public Works.
Placement of a collection container pursuant to § 65-5A shall require written application to and issuance of a permit from the Building Commissioner; all existing collection containers which otherwise comply with this bylaw shall comply with this subsection within 30 days following the effective date of this bylaw.
The application pursuant to § 65-6 shall include:
A. 
Legal name, principal business address and legal identification of applicant.
B. 
Name, address, telephone number and email address for contact person.
C. 
Legal address of property where each container is to be located, together with a sketch plan showing compliance with the requirements of § 65-8.
D. 
Written permission from property owner, including information for owner required of applicant in Subsections A and B.
E. 
Description of collection container.
F. 
Listing of collectible items.
G. 
Pick-up, inspection, and maintenance schedules.
A. 
Collection containers shall be sited so as not to obstruct traffic sight lines or distances and not to otherwise impede the flow of traffic or pose a safety hazard to pedestrians.
B. 
Collection containers shall not be sited within any setback or buffer required by Chapter 185, Town's Zoning Bylaw.
C. 
Collection containers shall be placed upon a concrete pad or asphalt paved surface.
D. 
Collection containers shall not utilize or obstruct any parking space required for minimum zoning compliance or any space designated for trash dumpster placement or snow storage on an approved site plan.
A collection container shall be kept clean and in good repair and its site shall be clean and free of debris at all times. Without limiting this requirement, no container overflow and no disposal of uncollectible goods or items shall be permitted.
A. 
Placement of a collection container for uncollectible goods or items or which does not comply with specifications contained in § 65-3 or placement of a collection container in a non-permitted location: $300; each day shall constitute a separate offense.
B. 
Failure to obtain a permit for a collection container where one is required: $100; each day shall constitute a separate offense.
C. 
All other violations, including but not limited to non-compliance with requirements of §§ 65-8 and 65-9:
(1) 
First offense: $50.
(2) 
Second offense: $100.
(3) 
Third and subsequent offense: $300.
(4) 
In the case of continuing violations, each day shall constitute a separate offense.
D. 
Property owners and collection container owners shall each be responsible for compliance with this bylaw and shall be liable for any violation.
In addition to the Franklin Police Department, this bylaw may be enforced by the Franklin Building Commissioner and the Franklin Board of Health Agent.