It is the intent of the Village of Menands to support and encourage,
in a responsible manner, the placement and use of attended and unattended
clothing bins, donation bins and recycling bins (collection bins).
These bins are most commonly used to collect for recycling, resale
or reuse of general household goods such as clothing, shoes, books
and small appliances. When enacted, this chapter will protect the
public health, safety and welfare and protect the environment by establishing
rules and regulations and provide for registration of clothing bins,
donation bins and recycling bins.
As used in this chapter, the following terms shall have the
meanings indicated:
CLOTHING BIN, DONATION BIN and RECYCLING BIN
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 household items.
SITE HOST
The owner or lessee of the site of a clothing bin, donation
bin or recycling bin within the Village of Menands.
PERMITTEE
Any organization, firm or other entity that owns and receives
a permit to operate a clothing bin, donation bin or recycling bin
pursuant to this chapter.
The application for a clothing bin, donation bin or recycling
bin permit shall be made to the Building Department and shall require
the following information from the applicant:
A. If the applicant claims to be a qualified nonprofit entity:
(1) A copy of the determination letter issued by the Internal Revenue
Service stating that the applicant is a public charity exempt under
Internal Revenue Code § 501(c)(3); and
(2) A certificate of good standing issued by the office of the Secretary
of State of the State of New York. A certificate of good standing
must note be older than three months at the time of application for
a permit.
B. Name, address and telephone number of a contact person or entity
of the applicant who is responsible for the management and maintenance
requirements of this chapter. The contact person or entity must reside
or have a place of business in the County of Albany.
C. Written consent from the site host to place the clothing bin, donation
bin or recycling bin on the property, including name, address and
telephone number of the site host.
D. The permittee must provide proof to the Village of Menands at time
of application of a certificate of liability insurance of at least
$1,000,000, covering the permitee's clothing bin, donation bin
or recycling bin. The certificate of liability insurance must name
the Village of Menands as a named insured.
E. The permittee must provide to the Village of Menands at time of application
a performance bond in the amount established by resolution of the
Village Board for the faithful and complete performance by the permitee
of the duties and obligations required by this chapter.
The Village of Menands shall provide the permittee with one
permit sicker for each approved permit. The permittee must place the
permit sticker in a conspicuous place in front of the clothing bin,
donation bin or recycling bin that is installed on the permitted property.
The Village of Menands will provide replacement stickers for an amount
to be established by resolution of the Village Board should the original
sticker become damaged, fall off or disappear.
The front of every clothing bin, donation bin or recycling bin
shall conspicuously display the following:
A. The name, address, 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 reads: "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
nonprofit 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 nonprofit organization
shall have the name, address, telephone number and web address of
both entities on the front of the bin.
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.
The Village hereby determines that this amendment is an unlisted
action that will not have a significant effect on the environment
and, therefore, no other determination or procedure under the State
Environmental Quality Review Act ("SEQRA") is required.
This chapter shall become effective upon its filing in the office
of the Secretary of State.