[Added 10-1-2019]
As used in this article, the following terms shall have the meanings indicated:
CODE OFFICIAL
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.
DROP-OFF BIN
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.
OWNER
A person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
STRUCTURE
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.