[Added 10-1-2019]
As used in this article, the following terms shall have the
meanings indicated:
The Director of Building, Zoning, and Licensing Services,
the Code Compliance Officer or any duly authorized representative
who is charged with the administration and enforcement of this chapter.
Any receptacle or container located outside of an enclosed
building and designed, intended or used for collection and temporary
storage of donated items or materials, including, but not limited
to, clothing, shoes, books, toys, furniture, household materials and
other like items. Drop-off bins are also known as donation collection
bins/boxes, charity bins/boxes, clothing bins/boxes, clothing donation
containers, or any combination thereof.
A person, association, corporation, partnership, or other
legal entity having a legal or equitable title in real property.
A lot, plot or parcel of land, including any structures thereon.
That which is built or constructed or a portion thereof.
Whether for the owner of the premises or the person who has
obtained the written permission of the owner, the fee to obtain the
initial license to own, install, operate, or use a drop-off bin is
twenty-five dollars ($25.), which must be tendered at the time of
license application. Such license may be annually renewed on or before
the anniversary date of the application for an annual renewal fee
of twenty-five dollars ($25.). Regardless of the number of drop-off
bins owned, installed, operated, or used by a license applicant, the
applicant shall only pay one annual license fee. The initial permit
fee for a drop-off bin is ten dollars ($10.) per bin, payable at the
time of application for the license. The annual renewal fee for each
drop-off bin permit is ten dollars ($10.), payable on or before the
anniversary date of the initial application. Each drop-off bin shall
display its current permit at all times.
To best inform the public and potential donors, bins shall be
labeled according to company type as follows:
A.
Shall have a label or appended sign that states "PLEASE REPORT ANY
OVERFLOW OF ITEMS, DAMAGE, OR MALFUNCTION TO [PERMIT HOLDER'S NAME]
AT [PERMIT HOLDER'S TELEPHONE NUMBER] OR TO THE DIRECTOR OF BUILDING,
ZONING, AND LICENSING SERVICES AT [TELEPHONE NUMBER DESIGNATED BY
DIRECTOR]." Such label or appended sign shall be in lettering no less
than three inches in height and no less than one-half inch in width;
and
B.
If none of the proceeds from the sale of the items collected in the
drop-off bin will be given to a "charitable organization," as that
term is defined in RSA 72:23-l, there shall be a label or sign permanently
attached to the drop-off bin which identifies the permit holder's
name and address and states: "DONATIONS ARE NOT FOR CHARITABLE PURPOSES
AND WILL BE SOLD FOR PROFIT. DONATIONS ARE NOT TAX DEDUCTIBLE." Said
label or appended sign shall be prominently displayed on the receptacle
in the largest lettering on the receptacle or appended sign, but said
lettering shall be no less than three inches in height and no less
than one-half inch in width; or
C.
If 100% of the items, or the proceeds from the sale of the items,
collected in the drop-off bin will be used for the benefit of a "charitable
organization," as that term is defined in RSA 72:23-l, there shall
be a label or sign permanently attached to the drop-off bin that identifies,
at least, the legal name of the charitable organization receiving
the benefit of the donated items, as it appears on the certificate
of registration issued to the charitable organization by the New Hampshire
Attorney General's Charitable Trust Unit in the largest lettering
on the drop-off bin or appended sign, but said lettering shall be
no less than three inches in height and no less than one-half inch
in width; or
D.
If a professional solicitor owns, installs, operates, or uses a drop-off
bin pursuant to a contractual arrangement with a charitable organization
whereby the professional solicitor receives either a flat fee or a
percentage of the proceeds from the sale of the donated items, have
a label or sign permanently attached to the drop-off bin which states:
"SOLICITATIONS FOR DONATIONS ARE MADE BY (NAME OF PROFESSIONAL SOLICITOR)
ON BEHALF OF (NAME OF CHARITABLE ORGANIZATION). DONATIONS WILL BE
SOLD FOR PROFIT BY (NAME OF PROFESSIONAL SOLICITOR)." Said label or
appended sign shall be prominently displayed on the donation drop-off
bin in the largest lettering thereon, but said lettering shall be
no less than three inches in height and not less than one-half inch
in width; and
E.
Shall be placed only on premises commercially used by an established
business or on church property, and drop-off bins shall not be permitted
in any Residential Zone or in the Downtown Commercial Zone.
Any party seeking to obtain the requisite license to operate
drop-off bins and permits for each drop-off bin shall submit a written
application to the Director of BZLS upon a form provided by the Director.
The application shall require the following information:
A.
The name, physical address (no PO boxes), telephone number, and electronic
mail address of the applicant; and
B.
A photograph of the drop-off bin and the proposed location for which
a permit is sought. If the application is for more than one location,
the applicant may submit a single application with a list of preferred
locations and only one photograph of the type of drop-off bin to be
used unless different types of bins will be used at different locations.
In the event the applicant is using different types of bins at different
locations, a photograph of each type of bin must be submitted; and
C.
Whether the applicant would prefer to receive notice and orders by
regular mail or electronic mail; and
D.
The signature of the applicant; and
E.
The required license and permit fees; and
F.
If placed on property not owned or leased by the operator of the
drop-off bin, a written agreement with the owner of each premises
where a bin is to be located which evidences the agreement of the
owner(s) to the placement of a drop-off bin on the property. The applicant
shall also provide a certificate of liability insurance in an amount
not less than $500,000 showing each owner of the premises where a
bin is located as an additional insured; and
G.
A maintenance agreement on the form provided from the Director wherein
the applicant affirms that each drop-off bin location will be monitored
on a daily basis, emptied no less than twice every calendar week,
except in the event of a declared weather emergency by the National
Weather Service or other natural disaster, and no overflow of items
from the bin shall remain on the ground for more than 24 hours after
actual or constructive notice of said overflow.
H.
The information supplied pursuant to this section shall be used for
all notices, correspondence, or communications from the Director.
I.
Currently operated drop-off bins do not enjoy grandfathered status
and must comply with all the requirements of this article.
A.
Drop-off bin(s) shall be located on a hard and durable surface such
as asphalt, concrete, aggregate, crushed rock and the like, and all
ingress and egress from each bin shall also be of a similar surface.
In no event shall the placement of a drop-off bin or any means of
ingress or egress be composed of sod, dirt, sand, or similar porous
material. All drop-off bins shall be located on the designated premises
so as not to interfere with sight triangles, on-site circulation of
vehicular or pedestrian traffic, required setbacks, parking, landscaping,
and all other applicable requirements imposed on the property as part
of any governmental approval, including any zoning requirement;
B.
The placement of drop-off bins shall be restricted to an area within
75 feet from any wall of the largest permanent building on the premises
or against a well-lit exterior wall of such building;
C.
A drop-off bin shall not be within a 1,000-foot radius of any other
drop-off bin operated by the same licensee;
D.
Drop-off bins shall not be larger than six feet high by six feet
wide by five feet deep;
E.
Drop-off bins shall be enclosed and operate by use of a securely
locked receiving door so that the contents of the bin may not be accessed
by anyone other than those persons authorized by the licensee to collect
the contents.
A.
The drop-off bin must be regularly emptied, no less than twice every
calendar week, to prevent overflow of clothing or other items that
may be strewn about the premises. No overflow of items from a bin
shall remain on the ground for more than 24 hours after actual or
constructive notice of said overflow;
B.
Any person found illegally dumping at a drop-off bin shall be guilty
of a misdemeanor pursuant to RSA 163-B:3 and will be subject to the
penalties set forth in RSA 163-B:4.
C.
Any graffiti placed on the drop-off bin must be removed within 72
hours following notice of its existence. However, within the 72 hours,
the owner has the option to notify the Director in writing of the
owner's intent to replace the drop-off bin within five days and along
with said written notice submits a photograph of the new drop-off
bin.
D.
If a drop-off bin is damaged to the extent the locking mechanism
or receiving door has been compromised or one of its sides has been
breached, it shall be repaired, replaced or removed within five days
of receipt after notice of such damage from the Director unless the
Director determines the damage is such that the drop-off bin constitutes
a danger to persons or property, in which case it shall be made safe
or removed within 24 hours of notice of said condition.
Any violation of the provisions of this article or any order of the Director or the Code Compliance Officer related thereto are subject to citation and the civil penalties set forth in RSA 47:17 and Code § 54-3.
