Town of Thompson, NY Chapter 118 Clothing, Donation and Recycling Bins

[HISTORY: Adopted by the Town Board of the Town of Thompson 5-3-2016 by L.L. No. 2-2016. Amendments noted where applicable.]

GENERAL REFERENCES

Littering — See Ch. 151.

§ 118-1 Legislative intent.

It has come to the attention of the Town Board that there has been a proliferation of clothing bins, donation bins and recycling bins that have been unattended, vandalized, or left in such disrepair as to become eyesores. This chapter is intended to protect the public health, safety and welfare and protect the environment by establishing rules and regulations for clothing bins, donation bins and recycling bins.

§ 118-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CLOTHING BIN, DONATION BIN AND RECYCLING BIN OWNER

Any organization, firm or other entity that is an owner operator or lessor of a clothing bin, donation bin or recycling bin pursuant to this chapter.

CLOTHING BINS, DONATION BINS and RECYCLING BINS

An attended or unattended receptacle, trailer or container made of metal, wood, steel or similar material for permanent or temporary use, designed or intended for the collection of unwanted clothing, shoes, textiles, books and other similar household items.

MUNICIPAL CORPORATION

An incorporated political subdivision of a state that is composed of the citizens of a designated geographic area and which performs certain state functions on a local level and possesses such powers as are conferred upon it by the state. For this section, fire districts are included within this definition.

SITE HOST

The owner or lessee of the property site of a clothing bin, donation bin or recycling bin within the Town of Thompson.

§ 118-3 Prohibition.

A. It shall be unlawful to erect, place, maintain or operate any clothing bin, donation bin or recycling bin (hereinafter "bins") as defined in this chapter in the Town of Thompson.

B. Exceptions. Any municipal corporation is permitted to place up to two bins on its own property pursuant to rules and regulations promulgated herein.

§ 118-4 Placement of bins.

A. A clothing bin, donation bin or recycling bin shall be placed on the site in a manner that does not impede vehicular or pedestrian traffic flow.

B. A clothing bin, donation bin or recycling bin shall not be placed within the municipal right-of-way and shall adhere to the setback standards for the site where it is placed.

C. A clothing bin, donation bin or recycling bin shall not be placed in a required parking space or reduce the number of parking spaces below the minimum number required by the Town of Thompson Land Use Law and related approvals.[1]

[1] Editor's Note: See also § 250-22, Off-street parking and loading facilities, of Ch. 250, Zoning and Planned Unit Development.

D. A clothing bin, donation bin or recycling bin shall not be placed on sidewalks and must allow for a minimum of five feet of pedestrian walkway in front of the clothing bin, donation bin or recycling bin.

E. A clothing bin, donation bin or recycling bin shall not be placed within the sight triangle of any intersection.

F. No more than two clothing bins, donation bins or recycling bins shall be placed on any parcel.

G. No clothing bin, donation bin or recycling bin shall be placed any closer to any facing street than the side of the building facing said street.

H. If the lot on which any clothing bin, donation bin or recycling bin is to be located is a nonconforming lot in size for its current use, the Code Enforcement Officer or Building Inspector may deny the permit and refer the owner to the Planning Board for site plan approval.

I. No clothing bin, donation bin or recycling bin shall be permitted on any parcel which has a building violation or any parcel which is not in compliance with the approved site plan for said parcel or in the absence of an approved site plan any parcel which is not in compliance with site standards for the current use of the parcel.

J. No clothing bin, donation bin or recycling bin shall be placed on a vacant lot or on residential property. They may be placed only in areas with HC-1 or HC-2 zoning.

K. A clothing bin, donation bin or recycling bin must be installed on blacktop, concrete or on other impervious surfaces such that weeds and grass are prevented from penetrating said surfaces.

L. Any clothing bin, donation bin or recycling bin placed next to a building shall be placed in such a way that walkways are not obstructed or diminished and so that pedestrian traffic is not directed or diverted into the path of any travelled way for vehicles.

§ 118-5 Information and label requirement for all bins.

The front of every clothing bin, donation bin or recycling bin shall conspicuously display the following:

A. The name, address, and telephone number and the Internet web address of the owner and operator of the clothing bin, donation bin or recycling bin.

B. A statement, in at least two-inch typeface, that either reads: "This collection bin is owned and operated by a not-for-profit organization" or "This collection bin is owned and operated by a for-profit organization."

C. If the clothing bin, donation bin or recycling bin is owned by a not-for-profit organization, the front of the collection bin shall also conspicuously display a statement describing the charitable causes that will benefit from the donations.

D. If the clothing bin, donation bin or recycling bin is owned by a for-profit company, the front of the collection bin shall conspicuously display a statement that reads "[name of company] is a for-profit company; deposits are not tax-deductible."

E. A clothing bin, donation bin or recycling bin operated by a for-profit entity on behalf of or in conjunction with a not-for-profit organization shall have the name, address, telephone number and internet web address of both entities on the front of the bin.

§ 118-6 Penalties for offenses.

A. The site host, permittee or other person or entity in control of the property where a clothing bin, donation bin or recycling bin is found to be in violation of this chapter shall be jointly and severally liable therefor.

B. Code Enforcement Officers of the Building Department and officers of any police agency are hereby authorized to issue notices of violation, summonses or appearance tickets, returnable in the Town Court of the Town of Thompson, for any violation of this chapter.

C. In addition to any other penalty that may be imposed for an offense against the Penal Law, any violation of this chapter shall be punishable by a fine of not less than $50 nor more than $250 for the first such offense.

D. For each subsequent offense, a violation of this chapter shall be punishable by a fine of not less than $100 nor more than $500 per week thereafter. Each week such offense is permitted to continue shall constitute a separate offense and shall be punishable as such hereunder without further need for the Town to issue additional notices of violation, summonses or appearance tickets. The Town may also bring an action or proceeding to enjoin the offense and to recover any costs incurred by the Town for removing and/or storing the bin or otherwise remedying conditions brought about by the offense of this chapter. If a site holder and/or permittee is found to have violated the provisions of this chapter on more than three occasions in a calendar year, the site holder and/or permittee shall, in addition, be deemed ineligible to place, use or employ a clothing bin, donation bin or recycling bin within the Town of Thompson pursuant to this chapter for a period of five years, and the Town of Thompson may remove any or all of such site host's and/or permittee's clothing bins, donation bins or recycling bins upon 10 days' advance notice. The Town of Thompson may dispose of any clothing bin, donation bin or recycling bin in any manner without further notice.

E. A violation of this chapter shall include, but not be limited to:

(1) Unpermitted placement of a clothing bin, donation bin or recycling bin.

(2) Failure to adequately or timely respond to a maintenance request pursuant to this chapter.

(3) Failure to maintain a clothing bin, donation bin or recycling bin pursuant to this chapter.

(4) Failure to adhere to clothing bin, donation bin or recycling bin placement and removal provisions pursuant to this chapter.

(5) Failure to adhere to all permitting requirements pursuant to this chapter.

§ 118-7 Management maintenance requirement.

A. Site host is responsible to maintain the aesthetic presentation of each clothing bin, donation bin or recycling bin, including fresh paint, readable signage and general upkeep.

B. Site host must respond to clothing bin, donation bin or recycling bin maintenance complaints within 24 hours of receiving notification during regular business hours.

C. Site host must remove graffiti within five days following receipt of notice of its existence.

D. If a clothing bin, donation bin or recycling bin becomes damaged or vandalized, it shall be repaired, replaced or removed within five days of receipt of notice of such condition.

E. Each bin must be regularly emptied of its contents so that it does not overflow, resulting in used clothing being strewn about the surrounding area.

F. The bin(s) shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents.

G. The placement of any clothing bin, donation bin, or recycling bin on any municipality's property is subject to site plan review by the Town of Thompson Planning Board.

§ 118-8 Severability.

In the event that any provision of this chapter shall be deemed illegal or otherwise unenforceable by a court of competent jurisdiction, then only that specific provision shall not be enforced, and all other sections and provisions shall remain in full force and effect.