It is the intent of the Town of Warrensburg, New York, to support and encourage the placement and use of attended and unattended not-for-profit donation bins. This chapter is intended to protect the public health, safety, welfare and to protect the environment by establishing rules and regulations for such bins.
[HISTORY: Adopted by the Town Board of the Town of Warrensburg 4-14-2021 by L.L. No. 4-2021. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings as indicated.
An attended or unattended receptacle, trailer or container made of metal, wood, steel, or similar material for permanent or temporary use, designed for the collection of unwanted clothing, shoes, textiles, books and household items, collected for use and distribution by a not-for-profit organization.
A corporation, association or other entity which has been granted tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and has a Federal Employer Identification Number (FEIN).
Any organization, firm or entity that receives a permit to operate a donation bin pursuant to this chapter.
Town of Warrensburg waste receiving facility located at property I.D. No. 210.2-1-2.
The owner of the site, which is the Town of Warrensburg.
A.
It shall be unlawful to erect, place, or operate any form of donation bin without first obtaining a permit issued by the Town Zoning and Planning Department.
B.
A permit issued under this chapter shall be valid for one year from the date of issue and renewable each year thereafter unless revoked by the Town.
C.
Contact information for all persons and/or entities who have any form of association with a donation bin placed on site host property shall be provided with the application for a permit.
D.
The cost of the permit, and any other associated fees, shall be established by resolution of the Town Board.
E.
In order to qualify as a permittee under this chapter, an applicant must be a not-for-profit organization.
The application shall be made to the Zoning and Planning Administrator of the Town of Warrensburg and shall include the following:
A.
If the applicant claims to be a not-for-profit organization:
(1)
A copy of the determination letter issued by the Internal Revenue Service stating that the applicant is a public charity exempt under Internal Revenue Code Section 501(c)(3).
(2)
If the applicant is a corporation, a certificate of good standing issued by the Secretary of State. Such certificate shall not be more than three months old from the date of application for a permit.
B.
Name, address and telephone number of the contact person who will be responsible for the management and maintenance requirements under this chapter.
C.
Name and telephone number of the person who will respond within 24 hours after receiving notice of a complaint regarding the donation bin.
D.
Written consent from the site host to place a donation bin at the location described in the application.
At the time of application, the applicant shall also provide the following:
A.
Performance bond in the amount established by resolution of the Town Board for the faithful and complete performance by the permittee of the duties and obligations required by this chapter.
B.
Certificate of liability insurance of at least $1,000,000 covering the permittee's donation bin. The certificate of liability insurance shall name the Town of Warrensburg as an additional insured.
The Town of Warrensburg shall provide the permittee with two copies of the issued permit. One of the permit copies must be placed on the donation bin in a conspicuous location, in some form sealed from the elements for public and official viewing. Such posting shall be maintained throughout the permit period of issue. Replacement cost of additional printed permits if the posted one is destroyed, falls off or disappears shall be established by resolution of the Town Board.
A.
The permittee must maintain the aesthetic presentation of the donation bin, including fresh paint, readable signage and general upkeep.
B.
Each donation bin shall be emptied of its contents on a regular basis. The Permittee shall provide a written schedule of such service which must be approved by Planning and Zoning of the Town of Warrensburg, New York.
C.
Any donation bin which is damaged, vandalized or defaced shall be repaired or replaced within five days of notice.
D.
All donation bins shall comply with the requirements of General Business Law § 399-bbb.
A.
Donation bins may only be placed at the Town of Warrensburg waste receiving facility located at property I.D. No. 210.2-1-2.
B.
Each permittee shall be allowed one donation bin to be placed at the site, to be determined by a person who has the authority to govern such donation bin placement by the Town of Warrensburg. The Town of Warrensburg may approve additional donation bins for the permittee after a period of one year, which shall be determined solely on the past performance of the permittee. The number of bins under the request for additional ones shall not exceed a total of two donation bins per permittee at the site.
C.
Placement of donation bins other than at the specific location approved and permitted by the Town of Warrensburg shall be a violation of this chapter and shall be punishable by a fine to be determined by resolution of the Town Board.
The front of the donation bin shall be lettered to comply with New York General Business Law § 399-bbb.
A.
The name, address, telephone number, and internet address of the owner and operator of the donation bin shall appear on the front of the donation bin.
B.
A statement in a minimum of two-inch letters that reads "This collection bin is owned and operated by a not-for-profit organization" and also includes a statement describing the charitable causes that will benefit from the donations taken in by the permittee.
A.
The permittee shall be liable for all violations with regard to the collection bin placed at the site.
C.
The Code Enforcement Officer of the Town of Warrensburg shall hereby be authorized to issue violation notices, summons and appearance tickets to the permittee for violations associated with placement of a not-for-profit bin at the site.
D.
In addition to any other penalty that may be imposed for an offense against the Penal Law, any violation of this chapter shall be punishable by a fine of not less than $50 nor more than $350 for the first such offense.
E.
For each subsequent offense, a violation of this chapter shall be punishable by a fine of not less than $100 nor more than $500 per week thereafter. Each week such offense is permitted to continue shall constitute a separate offense and shall be punishable as such hereunder without further need for the Town to issue additional notices of violation, summonses, or appearance tickets. The Town may also bring an action or proceeding to enjoin the offense and recover any cost incurred by the Town for removing and/or storing the donation bin or otherwise remedying conditions brought about by offense of this chapter. Permittees who are found in violation more than two times in a calendar year shall be found ineligible to place not-for-profit donation bins at the host property for a period of five years. In this event, the permittee shall remove the donation bin, including all donated items, from the host property within 10 days of such notice.