[HISTORY: Adopted by the Town Board of the Town of North
Greenbush 8-11-2016 by L.L. No.
8-2016. Amendments noted where applicable.]
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:
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.
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 owner or lessee of the site of a clothing bin, donation
bin or recycling bin within the Town of North Greenbush.
A.
It shall be unlawful to erect, place, maintain or operate any clothing
bin, donation bin or recycling bin without first obtaining a permit
issued by the Town of Greenbush.
B.
A permit issued under this chapter shall be valid for one year and
renewable for one-year periods thereafter.
C.
Where a clothing bin, donation bin or recycling bin is owned and/or
operated by one entity for the benefit of another entity, the contact
information for both entities must be included on the permit application.
D.
The initial application fee, renewal application fee and sticker
fee shall be valid for an one-year period and shall be established
by resolution of the Town Board.
E.
In order to qualify as a permittee under this chapter, an applicant
must either be (1) a public charity exempt from taxes under Section
501(c)(3) of the United States Internal Revenue Code, and in good
standing with the State of New York, or (2) a business in good standing
with the State of New York.
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.
A.
Permittee must maintain the aesthetic presentation of each clothing
bin, donation bin or recycling bin, including fresh paint, readable
signage and general upkeep.
B.
Permittee must provide to the site host a telephone number to respond
to clothing bin, donation bin or recycling bin maintenance complaints.
C.
Permittee must respond to clothing bin, donation bin or recycling
bin maintenance complaints within 24 hours of receiving notification
during regular business hours.
D.
Permittee must remove graffiti within 72 hours following receipt
of notice of its existence.
E.
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.
F.
Each clothing bin, donation bin or recycling bin must be regularly
emptied of its contents.
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 they are 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 North Greenbush Land
Use Law and related approvals.
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 three clothing bins, donation bins or recycling bins
shall be placed on any parcel.
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.
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 the North Greenbush Police Department are hereby authorized to
issue notices of violation, summonses or appearance tickets, returnable
in the Town Court of the Town of North Greenbush, 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 North Greenbush pursuant to this chapter for
a period of five years, and the Town of North Greenbush may remove
any or all of such site host and/or permittee's clothing bins,
donation bins or recycling bins upon 10 days' advance 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.
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.
