It is the intent of the Town of Colonie to support and encourage,
in a responsible manner, the placement and use of attended and unattended
clothing bins, donation bins and recycling bins. These bins are most
commonly used to collect for recycling, resale or reuse general household
goods such as clothing, shoes, books and small appliances. This chapter
is intended to protect the public health, safety and welfare and protect
the environment by establishing rules and regulations for clothing
bins, donation bins and recycling bins.
As used in this chapter, the following terms shall have the
meanings indicated:
CLOTHING BINS, DONATION BINS AND RECYCLING BINS
An attended or unattended receptacle, trailer or container
made of metal, wood, steel or similar material for permanent or temporary
use, designed or intended for the collection of unwanted clothing,
shoes, textiles, books and other similar household items.
PERMITTEE
Any organization, firm or other entity that owns and receives
a permit to operate a clothing bin, donation bin or recycling bin
pursuant to this chapter.
SITE HOST
The owner or lessee of the site of a clothing bin, donation
bin or recycling bin within the Town of Colonie.
[Amended 4-21-2016 by L.L. No. 4-2016]
The application for a clothing bin, donation bin or recycling bin permit shall be made to the Planning and Economic Development Department. The Planning and Economic Development Department shall be primarily responsible for the administration of Chapter
63 of the Code of the Town of Colonie. The application for a clothing bin, donation bin or recycling bin permit shall require the following information from the applicant:
A. If the applicant claims to be a qualified public charity:
(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), and
(2) A certificate of good standing issued by the Office of the Secretary
of State of the State of New York. A certificate of good standing
must not be older than three months at the time of application for
a permit.
B. Name, address and telephone number of a contact person or entity
of the applicant who is responsible for the management and maintenance
requirements of this chapter. The contact person or entity must reside
or have a place of business in the County of Albany.
C. Written consent from the site host (or, if the site host is a lessee,
from the owner) to place a clothing bin, donation bin or recycling
bin on the property, including name, address and telephone number
of the site host.
D. Permittee must provide to the Town of Colonie at the time of application
a certificate of liability insurance of at least $1,000,000 covering
permittee's clothing bin, donation bin or recycling bin. The
certificate of liability insurance must name the Town of Colonie as
an additional insured.
E. Permittee must provide to the Town of Colonie at the time of application
performance bond in an 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.
The Town of Colonie 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. The Town of Colonie will provide
replacement stickers for an amount to be established by resolution
of the Town Board should the original sticker become damaged, fall
off, or disappear.
The front of every clothing bin, donation bin or recycling bin
shall conspicuously display the following:
A. The name, address, telephone number and the Internet web address
of the owner and operator of the clothing bin, donation bin or recycling
bin.
B. A statement, in at least two-inch typeface, that either reads: "This
collection bin is owned and operated by a not-for-profit organization,"
or "This collection bin is owned and operated by a for-profit organization."
C. If the clothing bin, donation bin or recycling bin is owned by a
not-for-profit organization, the front of the collection bin shall
also conspicuously display a statement describing the charitable causes
that will benefit from the donations.
D. If the clothing bin, donation bin or recycling bin is owned by a
for-profit company, the front of the collection bin shall conspicuously
display a statement that reads "[Name of company] is a for-profit
company; deposits are not tax deductible."
E. A clothing bin, donation bin or recycling bin operated by a for-profit
entity on behalf of or in conjunction with a not-for-profit organization
shall have the name, address, telephone number and Internet web address
of both entities on the front of the bin.
[Amended 4-21-2016 by L.L. No. 4-2016]
A. The site host, permittee or other person or entity in control of
the property where a clothing bin, donation bin or recycling bin is
found to be in violation of this chapter shall be jointly and severally
liable therefor.
B. Code Enforcement Officers of the Building Department, the Director
and Planning Staff of the Planning and Economic Development Department,
and Officers of the Colonie Police Department are hereby authorized
to issue notices of violation, summonses or appearance tickets, returnable
in the Town Court of the Town of Colonie, for any violation of this
chapter.
C. 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 $250 for the first such
offense.
D. 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 to recover any costs incurred
by the Town for removing and/or storing the bin or otherwise remedying
conditions brought about by the offense of this chapter. If a site
holder and/or permittee is found to have violated the provisions of
this chapter on more than three occasions in a calendar year, the
site holder and/or permittee shall, in addition, be deemed ineligible
to place, use or employ a clothing bin, donation bin or recycling
bin within the Town of Colonie pursuant to this chapter for a period
of five years, and the Town of Colonie may remove any or all of such
site host and/or permittee's clothing bins, donation bins or
recycling bins upon 10 days' advance notice.
E. A violation of this chapter shall include, but not be limited to:
(1) Unpermitted placement of a clothing bin, donation bin or recycling
bin.
(2) Failure to adequately or timely respond to a maintenance request
pursuant to this chapter.
(3) Failure to maintain a clothing bin, donation bin or recycling bin
pursuant to this chapter.
(4) Failure to adhere to clothing bin, donation bin or recycling bin
placement and removal provisions pursuant to this chapter.
(5) Failure to adhere to all permitting requirements pursuant to this
chapter.
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.