[HISTORY: Adopted by the Board of Trustees of the Village
of Harriman 11-10-2015 by L.L.
No. 5-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 140.
It is the purpose and intent of this chapter to regulate the
placement, size and location of clothing donation bins drop-off bins
to ensure that such bins are compatible with Village zoning, approved
site plans and consistent with the aesthetic character of the community,
and to ensure clothing donations are solicited by bona fide not-for-profit
organizations.
As used in this chapter, the following terms shall have the
meaning indicated.
A closed metal container having an opening through which
new or used clothing can be deposited and stored until pickup 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 where the bin is located.
An individual, partnership, limited partnership, association,
firm, company, corporation, limited liability corporation or other
business entity or organization of any kind.
Any person that registers a clothes drop-off bin pursuant
to the provisions of this chapter.
Clothing drop-off bins prohibited. It shall be unlawful for
any person except the Village of Harriman to maintain, place, empty
or remove or cause to be maintained, placed, emptied or removed a
clothing drop-off bin without having first obtained a permit issued
by the Village Building Department. A permit shall be valid for one
year from the date of issuance and shall be renewable for successive
one-year periods upon application by the registrant.
A.
Only persons that have a tax status under § 501(c)(3) of
the Internal Revenue Code, as amended, may apply for and obtain a
permit. Proof of such tax status must accompany an application for
a permit. No person shall hold any clothing bin out to the public
for people to drop off articles of clothing unless the proceeds from
the sale of such clothing shall be utilized for charitable purposes.
B.
The applicant shall complete a registration application in such form
as to be acceptable to the Village Building Inspector. Such application
shall include, but not be limited to the name, address and telephone
number of the person 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. If the applicant is not the owner of the property upon which
the clothing drop-off bin is to be located, the written consent of
the owner shall be attached to the application.
C.
Fees. An application processing fee of $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 Village Building Inspector.
A.
Clothing drop off bins shall be appropriately located so as not to
interfere with sight triangles, on-site pedestrian or vehicular circulation,
required set-backs or landscaping. No bins may be placed so as to
interfere with any parking spaces allowed or required pursuant to
an approved site plan, on any front yard required by an approved site
plan, or that would violate or interfere any other requirement that
may have been imposed as part of a site plan approval.
B.
No more than three bins may be permitted at any one location. Each
bin shall cover a ground surface area of not more than five feet by
six feet, nor be more than six feet in height. Each bin must be regularly
emptied of its contents so that it does not overflow, resulting in
used clothing being strewn about the surrounding area.
A.
In addition to any penalty that may be imposed for an offense against
the Penal Law, any person violating the provisions of this chapter
shall be guilty of a violation, punishable by a fine of not less than
$50 nor more than $250 for the first such offense.
B.
For each subsequent violation, a violator of this chapter shall be
punishable by a fine of not less than $25 nor more than $50 per month
thereafter. Each month such offense is permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
The Village may also bring an action or proceeding to enjoin the offense
and to recover the costs incurred by the Village for removing and/or
storing the bin or otherwise remedying conditions brought about by
a violation of this chapter.
C.
The owner, lessee, or other person or legal entity in control of
the property where the clothing bin is being maintained and the person
which owns, maintains, or operates the clothing bin in violation of
this chapter shall be jointly and severally liable for such violation(s)
therefor.
