[HISTORY: Adopted by the Annual Town Meeting of the Town of Westwood 5-2-2016 by Art. 19. Amendments noted where applicable.]
This bylaw is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interests and purposes defined in this Section of the bylaw.
The purpose of this bylaw is to regulate and restrict the placement of unattended donation containers (UDCs) in order to:
A. 
Protect and enhance the visual environment of the Town for purposes of safety, convenience and welfare of the residents;
B. 
Provide an alternative to disposal of certain waste into the waste stream, to reduce tipping fees, and to protect the environment of the Town;
C. 
Decrease the probability of accidents caused by distraction of attention or obstruction of vision or pedestrian or vehicular traffic; and
D. 
Reduce visual and informational conflict and regulation of the placement of a UDC on private property.
Any nonconforming UDC legally erected prior to the adoption of this provision may be continued and maintained subject to the requirement of obtaining a UDC license and annual renewals thereof from the Board of Selectmen. Any UDC rendered nonconforming through change or termination of activities on the premises, or through failure to obtain a UDC license or annual renewal thereof, shall be removed within 30 days of order by the Building Commissioner. No existing UDC shall be replaced, enlarged, moved, redesigned, or altered in any way unless it conforms to the provisions contained herein. Any UDC which has been destroyed or damaged to the extent that the cost of repair or restoration will exceed 1/3 of the replacement value as of the date of destruction shall not be repaired, rebuilt, restored or altered unless in conformity of this bylaw.
UDCs are prohibited from being kept on or within the layout of any street, way or sidewalk or on other public property by any person or entity other than the Town of Westwood, except in the case of a UDC placed by a lessee, contractor or assign of the Town pursuant to a written agreement signed by the Town Administrator. UDCs are prohibited from being kept on any private property without first obtaining a license from the Board of Selectmen. UDCs are prohibited in all residential zones.
The applicant shall apply for a license for a UDC with the Board of Selectmen pursuant to that Board's UDC license regulations and the provisions of this bylaw. The UDC application shall be in conformance with the requirements of the Board of Selectmen's UDC license regulations.
A. 
Placement of a UDC shall conform to the setback requirements for an accessory structure as set forth in the Westwood Zoning Bylaw for the particular district in which the UDC is located. The UDC shall be placed in a location such that there shall be safe and convenient pedestrian and/or vehicular access to the UDC.
B. 
The Board of Selectmen may deny any application for a UDC when it finds that the proposed UDC does not meet the purpose of this section or when the proposed UDC otherwise fails to comply with the requirements of this bylaw and/or the requirements of the Board's UDC license regulations.
License fees shall be as set forth in the Board of Selectmen's UDC license regulations. The Board of Selectmen may waive license fees for UDC license applications and renewal applications submitted by 501(c)(3) entities and/or 501(c)(3) organizations.
The applicant shall provide a refundable deposit, in a reasonable amount as specified in the Board of Selectmen's UDC license regulations, which deposit shall be used by the Town if necessary to cover any Town costs associated with overflow of a licensed UDC or the physical removal of the UDC pursuant to the terms of this bylaw and said regulations. Any remaining portion of this deposit shall be returned to the applicant following verification of the removal of the UDC.
A. 
Enforcement. The Building Commissioner is hereby charged with the enforcement of this bylaw.
(1) 
The Building Commissioner and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have power to enter upon the premises on which any UDC is erected or maintained in order to inspect said UDC.
(2) 
The Building Commissioner is further authorized, upon notice as herein provided, to order the repair or removal of any UDC which in his judgment is prohibited or is likely to become dangerous, unsafe or in disrepair, or which is erected or maintained contrary to this bylaw. The Building Commissioner shall serve a written notice and order upon the owner of record of the premises where the UDC is located and any advertiser, tenant, or other person known to him having control of or a substantial interest in said UDC, directing the repair or removal of the UDC within a time not to exceed seven days after giving such notice. If such notice and order is not obeyed within such period of time, the Building Commissioner and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said UDC is erected or maintained and repair or remove, or cause to be repaired or removed, said UDC. All expenses incurred by the Building Commissioner and his duly authorized agents in repairing or removing any UDC shall be assessable against any person who failed to obey said notice and order and shall be recoverable in any court of competent jurisdiction if not paid within 30 days after written notice of assessment is given by the Building Commissioner at any such person.
B. 
Alternate penalties. If such UDC is not removed for noncompliance with the provision hereof or noncompliance with any license granted hereunder after seven days' notice from the Building Commissioner, a fine of $300 per day to the person or organization placing said UDC and $300 per day to the property owner where UDC was placed may be issued and enforced in accordance with the provisions of MGL c. 40, § 21D.