[HISTORY: Adopted by the Town of Ashland 5-4-2016 Annual Town Meeting, Art. 20. Amendments
noted where applicable.]
This bylaw is enacted to promote public safety, health and welfare,
of the residents of the Town of Ashland, and to ensure a clean and
attractive condition of the Town by regulating the location, method
of maintenance, frequency of disposal and registration of "Donation
Collection Bins."
A.
Donation Collection Bin: A closed receptacle or container made of
metal, wood, steel, fiberglass or similar material designed or intended
for the donation, collection and temporary storage of clothing, shoes,
textiles, books or other goods or materials, which is accessible to
and allows the public to deposit said items without assistance, and
which is owned, operated or controlled by an entity other than the
owner or lessee of the lot on which it is located.
B.
Property Owner: The person or entity having legal title to real property
and/or the person shown as the owner on the current assessment rolls
of the Town.
C.
Person of Lawful Possession of Property: Party that has express or
implied authority through employment, by contract or apparent authority
to act for the Property Owner so as to bring the Owner into contractual
relationships with other parties.
D.
Operator: Any person or legal entity that owns, operates or is otherwise
in control of a Donation Collection Bin and that receives a permit
to operate a Donation Collection Bin in the Town of Ashland.
A.
It shall be unlawful for any person, firm or corporation to erect,
place, maintain or operate a Donation Collection Bin within the Town
of Ashland without first obtaining an annual permit from the Building
Commissioner.
B.
A permit issued under this Bylaw shall be valid for one year and
will be renewable for one-year periods. An application for license
shall be provided on a yearly basis to the Building Commissioner.
C.
The Donation Collection Bin shall be appropriately located so as to not interfere with sight triangles, on-site circulation, required setbacks, landscaping, parking or any requirement of Chapter 282 regarding setbacks from property lines for the district in which it is located, and shall be placed on a concrete or other paved surface. The Donation Collection Bin shall be placed such that there is safe and convenient pedestrian and vehicular access to it. The Town shall not grant a permit to place, use or employ a Donation Collection Bin if it determines that the placement of the Donation Collection Bin is in violation hereof or notwithstanding compliance, would constitute a public safety hazard.
D.
The Donation Collection Bin shall be of the type that is enclosed
by use of a receiving door and locked so that the contents may not
be accessed by anyone other than those responsible for the retrieval
of the contents.
E.
The front of every Donation Collection Bin shall display the name,
address and telephone number of the owner and Operator of the bin.
F.
Permittee must maintain the aesthetic presentation of the Donation
Collection Bin in a neat and clean condition including fresh paint,
readable signage and general state of good repair, free of trash,
debris, refuse or like material.
G.
Each Donation Collection Bin must be regularly emptied of its contents
so that it does not overflow. Used clothing or other donated goods
and materials may not be placed on the surrounding area and if they
are must be removed immediately.
H.
Permittee must provide the Property Owner or owner's agent with
a telephone number for requests to respond to Donation Collection
Bin maintenance complaints. Permittee must respond to Donation Collection
Bin maintenance complaints within 24 hours of receiving notification
during regular business hours.
I.
If a Donation Collection Bin becomes damaged or vandalized, it shall
be repaired, replaced or removed within 5 days of notice of such condition,
unless the damage is such as to constitute a danger to persons or
property in which case it shall be made safe within 24 hours of notice
of such condition.
A.
Any person or entity desiring a Donation Collection Bin license under
this Bylaw shall file an application with the Building Commissioner.
B.
The application shall provide the following information:
1.
Name, address, telephone number and name of contact person or persons
of the organization applying for the permit and responsible for maintaining
each Donation Collection Bin.
2.
Proof that the applicant is a registered charitable 501(C)(3) organization
and information pertaining to the applicant's status with the
Commonwealth of Massachusetts. Or if applicant is a for-profit entity,
information pertaining to the applicant's status with the Commonwealth
of Massachusetts.
3.
A description of the Donation Collection Bin, the address where the
bin will be located, including a site plan showing the proposed location
of the bin on the property as well as existing conditions on the property.
4.
Written consent from the Property Owner or owner's agent or
person of lawful possession (lessee) of the property where each such
Donation Collection Bin shall be placed.
5.
The regular interval schedule at which the Operator of person identified
on the application collects the items donated and performs regular
maintenance. The interval shall not exceed thirty (30) days.
C.
The Building Commissioner shall deny a license application which
does not comply with the requirements of this Bylaw or which she/he
determines that the placement of the Donation Collection Bin, notwithstanding
compliance herewith, would constitute a public safety hazard. Said
denial shall be in writing and set forth the reasons for said denial.
A.
The application fee for a Donation Collection Bin shall be $25.00
for each bin. The license period for each Donation Collection Bin
shall be January 1 through December 31 of each year.
B.
The renewal application fee for a Donation Collection Bin shall be
$25.00 for each bin.
C.
Upon the granting of a license, a permit (sticker) issued to the
applicant shall be affixed to the Donation Collection Bin. The permit
(sticker) shall be clearly placed on the same side as the chute used
to deposit donated items.
A.
The provisions of the Bylaw shall apply to both existing and future
Donation Collection Bins within the Town of Ashland. Property owners
with existing Donation Collection Bins prior to the effective date
of this Bylaw shall come into compliance as follows:
1.
Within sixty (60) days of the effective date of this Bylaw, the Operator
shall file an application for a license as required for each Donation
Collection Bin. The application shall demonstrate how the existing
bin complies with this Bylaw or show the proposed changes that shall
be completed to achieve compliance. Within ninety (90) days after
the effective date of this Bylaw, each existing Donation Collection
Bin shall be brought into compliance with this Bylaw or removed by
the Town.
A.
Any person or entity who violates any provision of this Bylaw shall
be subject to a penalty (fine) of $50.00 for the first offense and
$100.00 for each subsequent offense.
B.
Each violation shall be deemed and taken to be separate and distinct
violations. For every day which the Donation Collection Bin is not
in compliance shall be considered a separate violation.
C.
The Property Owner or owner's agent or person of lawful possession
(lessee) in control of the property where the Donation Collection
Bins being maintained and the Operator of the Donation Collection
Bin in violation of this Bylaw shall be jointly and severally liable
for each violation.
D.
The Building Commissioner or his designee shall be responsible for
the enforcement of this Bylaw.
