[HISTORY: Adopted by the Town Council of the Town of West
Greenwich 1-6-2016 by Ord. No.
97. Amendments noted where applicable.]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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.
Notwithstanding any provisions to the contrary, no person shall
place, use, or employ a donation bin, except in accordance with the
requirements set forth herein. Donation bins may only be operated
by charitable, religious, scientific, literary, and other organizations
(hereinafter "organization") exempt pursuant to Section 501(c)(3)
of the Internal Revenue Code.
The owner of the donation bin shall obtain a permit, valid for
a period of one year from the date of issuance, from the Building
Official. The application for such a permit must include:
A.
The location where the donation bin will be situated, as precisely
as possible;
B.
The name and telephone number of the office of the owner or agent
of the donation bin;
C.
Written consent from the property owner to place the donation bin
on the property;
D.
The schedule of pick-ups to remove articles from the donation bin,
which shall be no less than twice per month;
E.
The name and telephone number of the person to be contacted if the
bin is overflowing prior to the date of pick-up; and
F.
A certification of tax exemption pursuant to Section 501(c)(3) of
the Internal Revenue Code.
The Building Official shall not grant an application for a permit
to place, use, or employ a donation bin if the Building Official determines
that the placement of the bin could constitute a safety hazard. Such
hazards shall include, but are not limited to, the placement of a
donation bin within 100 yards of any place which stores or sells large
amounts of fuel or other flammable liquids or gases.
The Town Council may impose fees that may be adjusted from time
to time to offset the cost involved in administering and enforcing
this chapter.
An expiring permit for a donation bin may be renewed upon application
to the Building Official.
All donation bins permitted under this chapter shall be properly
painted, free of defects, and maintained in such a manner as to present
a neat, clean appearance.
Whenever the Building Official or his/her designee determines
that an organization or individual is engaging in any act or practice
in violation of this chapter, the Building Official shall cause a
notice of violation to be affixed to the donation bin and mailed to
the office of the owner or agent of the donation bin.
Should three notices of violation issue, pursuant to § 169-8 of this chapter, within a rolling period of one year, the permit shall be revoked, and the donation bin shall be removed by its owner within 10 business days.
Upon notice of revocation of the permit, the permit holder may appeal the decision of the Building Official to the Zoning Board. Such appeal shall be filed within 30 days of the date of revocation of the permit. The filing of an appeal shall stay the enforcement action of § 169-9 of this chapter until the appeal is heard and decided by the Zoning Board; however, the donation bin shall be emptied, sealed, and covered to render it inoperable during such period. Any loose material or items placed around the donation bin during the stay shall be removed within five business days.
Any donation bin within the Town that does not comply with the
provisions of this chapter shall be deemed noncompliant. The owner
of any property on which a noncompliant donation bin is located, along
with any organization that operates a noncompliant donation bin, may
each be fined up to $500 per violation. Each day a violation exists
constitutes a new violation.
