The purpose of this chapter is to promote the health, safety,
and/or welfare of the public by providing minimum standards for the
operation of unattended donation/collection boxes (UDCBs). This includes
establishing criteria to ensure that material is not allowed to accumulate
outside of the UDCBs, the UDCBs remain free of blight and nuisance
conditions, UDCBs are maintained in sanitary conditions, and residents
and/or users are fully informed of those who operate the UDCBs so
that they can be contacted if there are any blight- or nuisance-related
questions or concerns.
Failure to comply with any of the provisions of this chapter
shall be a violation of this chapter and shall be declared a public
nuisance. Any person in violation will be subject to the penalties
and abatement provisions set forth herein.
The parcel owner and the UDCB operator have joint and several
liability for compliance with this chapter, including the fees, penalties,
and abatement provisions of this chapter. The parcel owner remains
liable for any violation of duties imposed by this chapter even if
the parcel owner has, by agreement, imposed on the UDCB operator the
duty of complying with the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
An activity that is incidental to, and customarily associated
with, a specified principal activity.
A person who is authorized by the parcel owner to act on
their behalf to be the applicant for a UDCB permit. To be considered
an agent, a person must be given express written authorization from
the parcel owner on a form provided by the Borough to apply specifically
for a UDCB permit. For the purpose of this chapter, a person who is
only given general authorization to act on the behalf of a parcel
owner for various activities and transactions in regards to a property
is not considered an agent.
The Borough Manager of the Borough of New Britain or his/her
designee(s).
The Building Code Official of the Borough of New Britain
and his or her designee(s).
Salvageable personal property, such as clothing and books
and household items, that is collected for periodic transport off-site
for processing or redistribution, or both.
The owner of real property on which a UDCB is or is proposed
to be placed.
An activity that fulfills a primary function of an establishment,
institution, household, or other entity.
A main building that is occupied by a principal activity.
A person or entity who utilizes or maintains a UDCB to solicit
donations/collections of salvageable personal property.
The Borough of New Britain's annually renewable permit
required to place, operate, maintain, or allow a UDCB within the Borough
of New Britain.
Unstaffed drop-off boxes, containers, receptacles, or similar
facility that accept textiles, shoes, books and/or other salvageable
personal property items to be used by the operator for distribution,
resale, or recycling.
A UDCB established either without a UDCB permit or with a
UDCB permit that was issued in error or on the basis of incorrect
or incomplete information supplied, or in violation of any law, ordinance,
rule, or regulation.
