[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.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
The owner or lessee of the property site of a clothing bin,
donation bin or recycling bin within the Town of Thompson.
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.
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]
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.
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.
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.
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.
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.