The purpose of this chapter is to regulate the placement of
unattended donation boxes (as defined herein) within the Town. The
procedures and requirements of this chapter are enacted to:
A. Promote the community's health, safety, and welfare by regulating
unattended donation boxes for clothing or other salvageable personal
property within the Town;
B. Ensure that unattended donation boxes do not pose a hazard to pedestrian
and vehicular traffic;
C. Ensure that material is not allowed to accumulate outside of the
unattended donation boxes where it can be scattered by adverse weather
conditions, animal contacts and human activities; and
D. Establish criteria that avoid attracting vermin, unsightliness, and
a public health hazard.
As used in this chapter, the following terms shall have the
meanings indicated:
OPERATOR
A person, entity, association or organization that places,
maintains or operates unattended donation box(es) to solicit donations
of salvageable personal property.
PERMITTEE
The property owner or lessee who is issued a permit authorizing
placement of unattended donation box(es).
PROPERTY OWNER
The person, entity, association or organization who owns
the real property where the unattended donation box(es) are or are
proposed to be located.
RESIDENTIAL DISTRICT
Residential zoning districts as established pursuant Town
Code and Town zoning code, including but not limited to RA, RA-1,
R2, APR, RA-H, R-M(B), PRD, and adopted specific plans with applicable
residential zoning districts.
UNATTENDED DONATION BOX
Any unattended container, receptacle, or similar device that
is located on any property within the Town used for soliciting and
collecting donations of clothing or other salvageable personal property.
This term does not include recycle bins for the collection of recyclable
materials governed or regulated by the Town zoning code or other applicable
law.
Unless otherwise exempt, it shall be unlawful and a public nuisance
for any property owner or operator to place, operate, maintain or
allow unattended donation box(es) on real property unless the property
owner first obtains a permit issued pursuant to this chapter and the
unattended donation box is placed, operated and maintained in accordance
with all provisions of this chapter.
Any person violating any provision of this chapter is guilty
of a violation.
Any person aggrieved by the decision rendered by the Town in:
1) Granting or denying an application for a permit under this chapter;
2) Granting or denying an application to renew a permit under this
chapter; or 3) Suspending or revoking a permit issued hereunder may
appeal such decision to the Town Supervisor. The appeal shall be made
by filing a written notice thereof with the Town Clerk not later than
10 calendar days after receiving notice of the decision from the Town.
The Town Supervisor shall hold a hearing on the appeal within 30 calendar
days and issue a decision within 10 business days following the conclusion
of the hearing. Any party aggrieved by the decision of the Supervisor
may appeal such decision to the Town Board within five days of receipt
of the Supervisor's decision. The Town Board may choose to hold
a further appeal hearing or decide the matter on the existing record.
A decision of the Town Board will be issued within 45 days of the
date when the appeal was filed with the Town Clerk.
The Town Board may, by resolution, establish reasonable fees
and deposits to defray the cost of processing applications, appeals
and for the administration of this chapter.
Unattended donation boxes located entirely within the interior
of a building are exempt from the requirements of this chapter, in
the event that the operator and property owner are one in the same
and not to the extent that they violate other Town building or fire
codes.