[HISTORY: Adopted by the Board of Trustees of the Village
of Woodbury 5-9-2013 by L.L. No. 3-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 240.
The purpose of this chapter is to provide regulations regarding
outdoor donation bins and the placement of donation bins and to prohibit
the use of donation bins that do not benefit charitable organizations.
However, such commercial enterprises may thereafter be selling such
items with little or no benefit to the charitable organization. It
has come to the attention of the Village Board of Trustees that these
bins are being installed with the appearance that donations will be
used for charitable purposes.
As used in this chapter, the following terms shall have the
meanings indicated:
Any container or receptacle placed on premises for use as
a temporary storage where the public may drop off such items as clothing,
books, household goods, etc.
A.
No person or other legal entity shall place any donation bin out
to the public for people to drop off articles unless the proceeds
from the sale of such clothing shall be utilized for charitable purposes
registered under Section 501(c)(3) of the Internal Revenue Code.
B.
No person or other legal entity shall place or maintain any donation
bin on any premises open to the public except when issued a permit
by the Building Department.
C.
The owner, lessee, or other person or legal entity in control of
the property where the donation bin is being maintained and the person
or entity which owns, maintains, or operates the donation bin in violation
of this chapter shall be jointly liable for such violation(s) therefor.
D.
Donation bins shall be maintained regularly and shall not be permitted
to be allowed to overflow. A three-foot area around the bin shall
be clear from all debris and vegetation growth.
A.
Any person or entity wishing to place or utilize a donation bin within
the incorporated area of the Village of Woodbury in a place that is
open to the public must obtain a permit from the Building Department.
The one-time fee for this permit is $50. The permit shall automatically
renew annually unless the bin has been changed (painted a different
color, new ownership) or a written complaint is received by the Building
Department about the state of the bin.
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 or in lieu of the requirement a local register charity
or not-for-profit entity may sponsor a donation bin. These include,
but are not limited to, places of worship, police (PBA), fire, ambulance,
etc.
A.
There shall be no more than two donation bins per premises.
B.
The donation bin colors shall be one of the following: red, black,
tan, green. If two donation bins are located on a property, both donations
bins must be of the same color.
C.
No donation bin shall be placed forward of the front building line
of a building located on the same lot in which the donation bin is
placed.
D.
No donation bin shall be placed closer than six feet to any property
line.
E.
No donation bin shall be placed where it will impede pedestrian or
vehicle traffic, which includes sight lines, sidewalks, parking spaces,
etc. It may be permissible to install a donation bin in a parking
area provided the Code Enforcement Officer of the Building Department
deems that adequate parking exists. No more than one parking space
may be utilized for this purpose. Placement of the bins shall follow
the intent of the site plan on file for the lot. If there is no existing
site plan on file for the lot, then Planning Board approval is required.
A.
The owner, lessee, or other person or legal entity in control of
the property where a donation bin is being maintained in violation
of this chapter and the person or entity which owns, maintains, or
operates a donation bin in violation of this chapter shall be jointly
liable therefor. Donation bins that exist prior to the effective date
of this chapter will have three months to comply.
B.
Code Enforcement Officers of the Building Department are hereby authorized
to issue violation and appearance tickets 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. Each day that the
offense(s) shall continue shall be considered a separate violation.
The application fee for this permit shall not apply to any donation
bin that is located on premises that is owned or leased by any religious/charitable
organization, state, federal, county or local government entity.