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:
COLLECTION BIN
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.
[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.