[HISTORY: Adopted by the Common Council of the City of Utica 10-2-2019 by Ord. No. 111. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CHARITABLE NOT-FOR-PROFIT
- Any organization formed pursuant to N-PCL § 201(b), Type B.
- CLOTHES DROPOFF BIN (BIN)
- A closed container, metal or otherwise, having an opening through which new or used clothing or household goods only can be deposited and stored until pickup by the registrant, also known as the "owner."
- NON-CHARITABLE, NOT-FOR-PROFIT and FOR-PROFIT
- Any organization other than one formed pursuant to N-PCL § 201(b), Type B.
- An individual, business, partnership, association, firm, company or corporation of any kind.
- The organization or person having legal title to the bin. Said legal title shall be established by a bill of sale, a chattel mortgage, a titled document or any other documentation evidencing ownership.
- Any organization or person that registers a clothes dropoff bin with the City of Utica Clerk's office pursuant to the provisions of this chapter.
Permit required for placement, emptying and removal. It shall be unlawful for any person, except the City of Utica or other municipal agency to maintain, place, empty or remove or cause to be maintained, placed, emptied or removed a clothes dropoff bin without having first obtained a permit issued by the City of Utica Clerk.
Permit required. A clothes dropoff bin permit shall be affixed to every bin used by the permit holder for the collection and storage of new or used clothing. A permit issued to a registrant shall be affixed to the bin prior to placement. The permit shall be placed on the same side of the bin as the chute used for the deposit of the clothing. Next to the permit there shall be placed in clear lettering the name and telephone number of the registrant. Upon the sale or transfer of a bin, the new owner shall obtain a new permit from the City of Utica Clerk's office and shall abide by the aforementioned placement provisions.
A permit issued under this chapter shall be valid for one year from its date of issuance. Said permit can be renewed for successive one-year periods upon application to the City of Utica Clerk and upon payment of any applicable fees.
The person wishing to obtain a dropoff bin permit shall complete a registration application in such form as to be acceptable to the City of Utica Clerk. Such application shall include but not be limited to:
The name, address and telephone number of the person applying for the permit;
The proposed location/address where the bin is to be placed, together with the estimated duration of occupancy;
The name, telephone number and written consent of the owner of the location at which the bin is to be placed;
The name, address, and telephone. number of the person who will be placing the bin;
Information as to the manner and schedule for which the bin is to be emptied or removed; and
The destination of the clothing or other items to be removed from the bin.
The City of Utica 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.
Not-for-profits. An application permitting fee of $100 shall be charged in advance for each one-year period the bin is in place at the permitted locations. Said permitting fee of $100 shall cover the fees for all bins placed by the not-for-profit. Said fee shall be paid to the City of Utica Clerk in cash or by check. At the time of payment of said fee, proof that the registrant is a recognized § 501(c)(3) charitable organization must be submitted to the City of Utica Clerk in at least two of the following formats:
Section 501(c)(3) IRS determination letter or letter of good standing from the state or federal government oversight agency;
Certificate of incorporation indicating a charitable purpose, together with a tax identification number;
A letter addressed to the City of Utica on the not-for-profit's letterhead and signed by an authorized signatory stating that at least 25% of the revenue obtained from the clothing bin is donated back to the not-for-profit.
For-profit businesses. An application permitting fee of $100 per bin shall be charged in advance for each one-year period the bin is in place at the permitted locations. Said fee shall be paid to the City of Utica Clerk in cash or by check.
Each approved permit application shall be given a permit number issued by the City of Utica that shall be affixed to the bin as required by this chapter and shall identify the bin as a for-profit or not for-profit bin.
In addition to any penalty that may be imposed for an offense against the Penal Law, any person violating the provisions of this chapter shall be guilty of a violation, punishable by a fine of not less than $150 per day, but not more than $1,000 for the first such offense.
For each subsequent violation following a first offense, a violator of this chapter shall be punished by a fine of not less than $250 per day, but not more than $2,500 in a one-month period. The City may also bring an action or proceeding to enjoin the offense and to recover the costs incurred by the City for removing and/or storing the bin or otherwise remedying conditions brought about by the offense of this chapter.
In the event that the City of Utica or any of its agencies is required to retrieve a bin that is in violation of this chapter, the City may also bring an action or proceeding against the owner or registrant or for-profit or not-for profit to enjoin the offense and to recover the costs incurred by the City for removing and/or storing the bin or otherwise remedying conditions brought about by the offense of this chapter. Storage fees shall be $25 per day.