[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 8-18-2020 by L.L. No. 5-2020. Amendments noted where applicable.]
It has come to the attention of the Town Board that there has
been a proliferation of the number of collection bins in the Town,
seeking the donation of items of personal property. In some instances,
commercial enterprises are soliciting donations of clothing and other
items of personal property to bins with the appearance that such items
of personal property will be used for charitable purposes. However,
such commercial enterprises may thereafter be selling such personal
property with little or no benefit to any charitable organizations.
Furthermore, the location of certain bins has encroached on required
off-street parking, and the failure to properly maintain these bins
has created a quality-of-life issue for the residents of the Town.
It is the purpose of this chapter to prohibit commercial enterprises
from soliciting donations of items of personal property, including
but not limited to clothing, by the furnishing of collection bins
on commercial properties which result in proceeds that do not benefit
charitable organizations; limit the number and location of collection
bins; and to provide enforceable standards for these bins.
As used in this chapter, the following terms shall have the
meanings indicated:
Any container or receptacle held out to the public as a place
for people to drop off articles of personal property, including but
not limited to clothing, and to store such items until carted away.
A.
No person or other legal entity shall hold any collection bin out
to the public for people to drop off articles of personal property,
including but not limited to clothing, unless the proceeds from the
sale of such personal property shall be utilized for charitable purposes.
B.
No person or other legal entity shall place or maintain any collection
bin on any premises open to the public except when issued a permit
for same by the Department of Planning and Development.
C.
The owner, lessee, or other person or legal entity in control of
the property where the collection bin is being maintained and the
person or entity which owns, maintains or operates the collection
bin in violation of this chapter shall be jointly and severally liable
for such violation(s) therefor.
A.
Any person or entity wishing to place or utilize a collection bin
within the unincorporated area of the Town of Oyster Bay in a place
that is open to the public must obtain a permit from the Department
of Planning and Development. This requirement applies to all collection
bins existing at the time of the adoption of this chapter, and all
subsequent collection bins.
B.
Only entities or organizations that have a tax status under Section
501(c)(3) of the Internal Revenue Code, as amended, may apply for
and obtain a permit. Proof of such tax status must accompany an application
for a permit.
C.
Collection bins may only be located on:
D.
The number of collection bins allowed on any parcel, or number of
contiguous parcels owned by the same person or entity, shall be limited
to two.
E.
The permit issued by the Department of Planning and Development shall
delineate the size and location of the collection bin and the material
of which the bin is constructed.
F.
Collection bins must be located and maintained in accordance with
the rules adopted and promulgated by the Commissioner of the Department
of Planning and Development.
G.
A collection bin must have clearly identified, in writing, on its
face the entity or organization that is maintaining the collection
bin. A phone number and address for such entity must also be written
on the collection bin. Additionally, a collection bin that is subject
to the provisions of this chapter is hereby required to have conspicuously
placed upon it a sticker provided by the Department of Planning and
Development, indicating that the collection bin has been permitted
by the Town of Oyster Bay for use in connection with charitable purposes
at a specific location designated on the permit. All collection bins
in existence on the effective date of this chapter shall have such
sticker placed upon it no later than 60 days after the effective date
of this chapter. It shall be a violation of this chapter for any such
sticker to be removed or covered, except upon permission of the owner
of the collection bin to which it is affixed and the Department of
Planning and Development. Any collection bin without a sticker as
provided herein shall be presumed to be in violation of this chapter.
No collection bin with a sticker affixed to it as provided herein
shall be relocated or removed from any private property except upon
10 days' prior written notice sent by the private property owner to
the owner of the collection bin, to the Commissioner of the Department
of Planning and Development, by certified mail, return receipt requested,
advising of such intent to relocate or remove the collection bin from
the property, and, if relocated, a new permit including the new location
of the bin must be issued by the Department of Planning and Development
and affixed to the relocated collection bin.
H.
There shall be no fee for an application or permit to place a collection
bin subject to the provisions of this chapter at any location.
[Amended 3-7-2023 by L.L. No. 4-2023]
A.
The owner, lessee, or other person or legal entity in control of
the property where a collection bin has been placed or is being maintained
in violation of this chapter or in violation of the permit issued
by the Department of Planning and Development, and the rules applicable
to such permit, and the person or entity which owns, maintains, or
operates a collection bin in violation of this chapter shall be jointly
and severally liable therefor.
B.
Code Enforcement Officers of the Department of Planning and Development
and the Nassau County Police Department are hereby authorized to issue
summonses or appearance tickets, returnable in the District Court
of Nassau County, or notices of violation returnable before the Bureau
of Administrative Adjudication, for any violations of this chapter.
C.
Any such violation shall be categorized as a petty offense, punishable
by a fine of up to $250 per violation, per day. Each day that the
offense(s) shall continue shall be considered a separate violation.
D.
Any person or entity found by the Bureau of Administrative Adjudication
to have violated any provision of this chapter is likewise subject
to a monetary penalty within the range of fines authorized in this
section.
E.
Additionally, the Town Attorney may, in an appropriate case, institute
an injunction action in the name of the Town to assure compliance
with the terms of this chapter, including the removal of a collection
bin.
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.
