It is the intent of the Town of Greenbush to support and encourage,
in a responsible manner, the placement and use of attended and unattended clothing
bins, donation bins and recycling bins. These bins are most commonly
used to collect for recycling, resale or reuse general household goods
such as clothing, shoes, books and small appliances. 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:
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.
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.
SITE HOST
The owner or lessee of the site of a clothing bin, donation
bin or recycling bin within the Town of North Greenbush.
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 public charity:
(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 Section 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 not 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.
C. Written consent from the site host (or, if the site host is a lessee,
from the owner) to place a clothing bin, donation bin or recycling
bin on the property, including name, address and telephone number
of the site host.
D. Permittee must provide to the Town of North Greenbush at the time
of application a certificate of liability insurance of at least $1,000,000
covering permittee's clothing bin, donation bin or recycling
bin. The certificate of liability insurance must name the Town of
North Greenbush as an additional insured.
E. Permittee must provide to the Town of Greenbush at the time of application
a performance bond in an amount established by resolution of the Town
Board for the faithful and complete performance by the permittee of
the duties and obligations required by this chapter.
The Town of North Greenbush shall provide the permittee with
one permit sticker for each approved permit. The permittee must place
the permit sticker in a conspicuous place on the front of the permitted
clothing bin, donation bin or recycling bin. The Town of Greenbush
will provide replacement stickers for an amount to be established
by resolution of the Town 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 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.
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.