[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 2-21-2017 by L.L. No.
2-2017.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A container which is placed for the purpose of obtaining
discarded items of clothing only. Clothing bin containers shall be
no larger than four feet wide and six feet tall (four feet by four
feet by six feet tall.)
A person(s) or entity having legal title to property and
also shown as the person(s) or entity who is the owner of the property
on the current assessment rolls maintained by the appropriate assessing
authority.
Any person, business entity or corporation that registers
a clothing bin pursuant to the provisions of this chapter.
A person or entity wishing to place or utilize a clothing bin
container within the Village of Walden in a place that is open or
accessible to the public must obtain a permit from the Village of
Walden Building Department. The cost for such permit is hereby established
as $50 per clothing bin. No more than two clothing bins shall be located
on any one property. The permit shall be valid for a period of one
year and must be renewed on an annual basis. A new fee of $50 shall
be paid each year. Failure to abide by the terms set forth herein
shall be grounds to deny the reissuance of a permit. Only the following
entities and/or organizations may apply for and obtain a permit:
A.
Entities or organizations that have a tax exempt status under § 501(c)(3)
of the Internal Revenue Code, as amended. Proof of such tax status
must accompany an application for a permit;
B.
Churches, synagogues, mosques, temples and other religious organizations
having premises in the Village of Walden.
Placement of clothing bin containers is restricted as follows:
A.
No clothing bin container shall be located in or on a public right-of-way.
B.
No clothing bin container shall be located in an area designated,
regularly used or previously approved by the Village of Walden Planning
Board as parking spaces for commercial or business uses.
C.
No clothing bin container shall be located so as to interfere with
on-site traffic circulation, obstruct traffic vision, or interfere
with required landscaping or other requirements of a site plan approval
for the premises.
D.
Clothing bins may not be located within a front yard, as that term
is defined in the Village Code.
E.
Clothing and all other articles must be completely contained within
the clothing bin. No accumulation of clothing or other articles will
be permitted outside the confines of the clothing bin.
F.
The clothing bin container shall at all times be kept in good repair,
be structurally sound, leakproof and easily opened and closed. The
clothing bin container shall be painted as necessary to prevent the
showing of rust and deterioration and be so constructed as to stand
firmly upright.
G.
All clothing bin containers shall have the building permit number
and name of the company or individual owning such container clearly
printed on either the front or back of said container. A phone number
and address for such entity and the permit number for the clothing
bin container must also be written on the container.
H.
No person or entity shall hold any clothing bin container out to
the public for the dropoff of articles of clothing unless the proceeds
from the sale of such clothing shall be utilized for charitable or
governmental purposes.
I.
No person or entity shall place or maintain a clothing bin container
on property that is used for residential purposes. The clothing bin
container should be adequately screened from public view as may be
appropriate in the judgement of the Village Building Inspector. Clothing
bin containers shall only be permitted in the following zoning districts:
B1, B2, B3, B4, and MX.
A.
The permit application form shall be approved by the Building Inspector
and shall include but not be limited to the name, address and telephone
number of the person, entity or organization applying for the permit;
the proposed address where the clothing bin container is to be placed
and the proposed location on the property; the name and telephone
number of the owner of the location at which the container is to be
placed; the name and telephone number of any lessee in control of
the location at which the container is to be placed; the name and
telephone number of the individual who will be placing the container;
information as to the manner and schedule for which the container
is to be emptied or removed and the destination of the clothing to
be removed from the container.
B.
The permit to be issued by the Building Department can only be granted
when it is determined by the Building Inspector or his designee that:
(1)
The clothing bin container(s) are for use by an entity or organization
which falls within the categories listed above;
(2)
The proper types of clothing bin container(s) are being used as described
by this chapter;
(3)
The clothing bin container(s) are being placed in a proper location
as described by this chapter;
(4)
A letter of authority/permission from the owner of the property upon
which the clothing bin container(s) are to be and/or are already located
has been submitted; and
(5)
Name, address and phone number of the organization or entity are
displayed on each clothing bin container.
C.
Upon the sale or transfer of a clothing bin container, a new permit
shall be issued to the new owner and the new owner information and
permit number written on the bin prior to placing it in service.
D.
No person or entity shall place or maintain any clothing bin container
on any premises open to the public except when issued a permit by
the Building Department.
E.
No more than two clothing bin containers shall be placed on a single
parcel of land.
F.
The owner, lessee, or other person or legal entity in control of
the property where the clothing bin container is being maintained
and the person or entity which owns, maintains or operates the clothing
bin container in violation of this chapter shall be jointly and severally
liable for such violation(s) therefor.
A.
Any person or entity violating any provision of this chapter shall, in addition to any other penalty set forth herein and in addition to any other remedy at law, be subject to having the clothing bin container removed from the premises and thereof disposed of in accordance with the procedures outlined in § 214-8 hereof.
B.
In addition to the foregoing, any person or entity violating any
provision of this chapter shall, upon conviction therefor, be subject
to a fine not to exceed $250 for the first offense, and any person
or entity committing an offense hereunder within six months of his
or its conviction of any prior offense hereunder shall be fined not
less than $250 nor more than $500.
C.
In addition to any other penalty set forth herein and further in
addition to any other remedy at law, upon conviction of the third
violation of the provisions of this chapter of any person or entity,
any and all clothing bin containers owned or maintained by such person
or entity must be immediately removed, and thereafter neither the
property owner where such bin or bins were located nor the person
or entity owning and/or maintaining said clothing bin containers shall
be permitted to maintain any clothing bin containers in any location
in the Village of Walden.
[Amended 9-1-2020 by L.L. No. 4-2020]
D.
The terms, provisions and conditions of this chapter and the penalties
authorized herein may be enforced by the Village of Walden Building
Department and/or the Village of Walden Police Department.
