[HISTORY: Adopted by the Board of Trustees of the Village of Menands 7-17-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
It is the intent of the Village of Menands to support and encourage, in a responsible manner, the placement and use of attended and unattended clothing bins, donation bins and recycling bins (collection bins). These bins are most commonly used to collect for recycling, resale or reuse of general household goods such as clothing, shoes, books and small appliances. When enacted, this chapter will protect the public health, safety and welfare and protect the environment by establishing rules and regulations and provide for registration of clothing bins, donation bins and recycling bins.
As used in this chapter, the following terms shall have the meanings indicated:
- CLOTHING BIN, DONATION BIN and RECYCLING BIN
- 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 household items.
- SITE HOST
- The owner or lessee of the site of a clothing bin, donation bin or recycling bin within the Village of Menands.
- 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.
It shall be unlawful to erect, place, maintain or operate any clothing bin, donation bin or recycling bin without first obtaining a permit issued by the Village of Menands. If it is determined to be in the interests of the public health, safety, welfare and protection of the environment, the Village of Menands reserves the right to deny issuing a permit pursuant to this chapter.
A permit issued under this chapter shall be valid for one year and renewable for one-year periods thereafter.
Clothing bins, donation bins or recycling bins owned and/or operated by one entity for the benefit of another entity require the contact information for both entities on the permit application.
The initial application fee, renewal application fee and sticker fee shall be valid for a one-year period and shall be established by resolution of the Village Board.
The application for a clothing bin, donation bin or recycling bin permit shall be made to the Building Department and shall require the following information from the applicant:
If the applicant claims to be a qualified nonprofit entity:
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 § 501(c)(3); and
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 note be older than three months at the time of application for a permit.
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.
Written consent from the site host to place the clothing bin, donation bin or recycling bin on the property, including name, address and telephone number of the site host.
The permittee must provide proof to the Village of Menands at time of application of a certificate of liability insurance of at least $1,000,000, covering the permitee's clothing bin, donation bin or recycling bin. The certificate of liability insurance must name the Village of Menands as a named insured.
The permittee must provide to the Village of Menands at time of application a performance bond in the amount established by resolution of the Village Board for the faithful and complete performance by the permitee of the duties and obligations required by this chapter.
The Village of Menands shall provide the permittee with one permit sicker for each approved permit. The permittee must place the permit sticker in a conspicuous place in front of the clothing bin, donation bin or recycling bin that is installed on the permitted property. The Village of Menands will provide replacement stickers for an amount to be established by resolution of the Village Board should the original sticker become damaged, fall off or disappear.
The permitee must maintain the aesthetic presentation of each clothing bin, donation bin or recycling bin, including fresh paint, readable signage and general upkeep.
The permittee must provide to the site host a telephone number for requests to respond to clothing bin, donation bin or recycling bin maintenance complaints.
The permittee must respond to clothing bin, donation bin or recycling bin maintenance complaints within 24 hours of receiving notification during regular business hours.
The permittee must remove graffiti within 72 hours following receipt of notice of its existence.
If a clothing bin, donation bin or recycling bin becomes damaged or vandalized, it shall be repaired, replaced or removed within five days of receipt of notice of such condition.
A clothing bin, donation bin or recycling bin shall be placed on the site in a manner that does not impede vehicular or pedestrian traffic flow.
Recycling collection bins shall not be placed in the right-of-way and shall adhere to the setback standards for the site where they are placed.
A clothing bin, donation bin or recycling bin shall not be placed in a required parking space or reduce the number of parking spaces below the minimum number required by the Village of Menands Land Use Law.
A clothing bin, donation bin or recycling bin shall not be placed on sidewalks and must allow for a minimum of five feet of pedestrian walkway in front of the clothing bin, donation bin or recycling bin.
A clothing bin, donation bin or recycling bin shall not be placed within the sight triangle of any intersection.
The front of every clothing bin, donation bin or recycling bin shall conspicuously display the following:
The name, address, telephone number and the Internet web address of the owner and operator of the clothing bin, donation bin or recycling bin.
A statement, in at least two-inch typeface, that reads: "This collection bin is owned and operated by a for-profit organization."
If the clothing bin, donation bin or recycling bin is owned by a nonprofit organization, the front of the collection bin shall also conspicuously display a statement describing the charitable causes that will benefit from the donations.
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."
A clothing bin, donation bin or recycling bin operated by a for profit entity on behalf of or in conjunction with a nonprofit organization shall have the name, address, telephone number and web address of both entities on the front of the bin.
The site holder, permittee or other person or legal 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.
Code enforcement officers of the Building Department and the Menands Police Department are hereby authorized to issue notices of violation, summonses or appearance tickets, returnable in the Village Court of the Village of Menands, for any violation of this chapter.
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.
For each subsequent offense, a violation of this chapter shall be punishable by a fine of not less than $100 or not 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 Village to issue additional notices of violation, summonses or appearance tickets. 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 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 permitee shall in addition, be deemed ineligible to place, use or employ a clothing bin, donation bin or recycling bin within the Village of Menands pursuant to this chapter for a period of five years, and the Village of Menands may remove any or all such site holder and/or permitee's recycling collection bins upon 10 days' advance notice.
A violation of this chapter shall include, but not be limited to:
Unpermitted placement of a clothing bin, donation bin or recycling bin.
Failure to adequately or timely respond to a maintenance request pursuant to this chapter.
Failure to maintain a clothing bin, donation bin or recycling bin pursuant to this chapter.
Failure to adhere to clothing bin, donation bin or recycling bin placement and removal provisions pursuant to this chapter.
Failure to adhere to all permit 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.
The Village hereby determines that this amendment is an unlisted action that will not have a significant effect on the environment and, therefore, no other determination or procedure under the State Environmental Quality Review Act ("SEQRA") is required.
This chapter shall become effective upon its filing in the office of the Secretary of State.