[HISTORY: Adopted by the Town Board of the
Town of Huntington 5-6-2003 by L.L. No. 17-2003. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A closed metal container having an opening through which
new or used clothing can be deposited and stored until pick-up by
the authorized registrant.
The person having legal title to property and also the person
shown as the owner of the property on the current assessment rolls
of the Town.
An individual, partnership, association, firm, company, corporation
or organization of any kind.
Any person, business entity or corporation that registers
a clothes drop-off bin pursuant to the provisions of this chapter.
A.
Placement, emptying and removal. It shall be unlawful
for any person, business entity or corporation except the Town of
Huntington or other municipal agency to maintain, place, empty or
remove or cause to be maintained, placed, emptied or removed a clothes
drop-off bin without having first obtained a permit issued by the
Town Clerk.
B.
Permit required. A clothes drop-off 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, a new permit issued to the new owner shall
be affixed to the bin prior to placing it in service.
C.
A permit issued under this chapter shall be valid
from July 1 to June 30 of the following year and renewable for one-year
periods thereafter.
A.
The applicant shall complete a registration application
in such form as to be acceptable to the Town Clerk. Such application
shall include but not be limited to the name, address and telephone
number of the person, business entity, corporation or organization
applying for the permit; the proposed location/address where the bin
is to be placed; the name and telephone number of the owner of the
location at which the bin is to be placed; the name and telephone
number of the individual 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 to be removed from the
bin.
B.
Fees. An application processing fee of twenty-five
dollars ($25) shall be charged in advance for each one-year period
the bin shall be in place.
Each approved application shall be given a permit
number issued by the Town Clerk that shall be affixed to the bin as
required by this chapter.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
In addition to any penalty that may be imposed for an offense against
the Penal Law, any person found guilty of an offense for violating
the provisions of this chapter shall be subject to a fine of not less
than fifty dollars ($50.) nor more than two hundred fifty dollars
($250.) for the first such offense.
(B)
For the second or subsequent offense committed within five (5) years
of the first offense, a violator of this chapter shall be subject
to a fine of not less than two-hundred fifty dollars ($250) nor more
than seven hundred fifty dollars ($750). Each month such violation
is permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
[Amended 9-14-2021 by L.L. No. 50-2021]
(C)
Any person found by the Bureau of Administrative Adjudication to
have violated this chapter shall likewise be subject to a monetary
penalty in an amount within the range of fines authorized in subdivisions
A and B for a first offense, subsequent offenses and continuing offenses,
respectively.
(D)
The Town may also bring an action or proceeding in a court of competent
jurisdiction to enjoin the violation and to recover the costs incurred
by the Town for removing and/or storing the bin or otherwise remedying
conditions brought about by the violation of this chapter.
