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Sec. 10-224. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building official means the town building official or his designee.
Donation collection recycling bins, hereinafter "recycling bins," means those containers in which members of the public generally deposit used clothing, shoes, books and other items of personal property. Charitable recycling bins means donation collection recycling bins (recycling bins) owned by an operator that: a.
Has an Internal Revenue Code section 501(c)(3) tax classification;
b.
Is incorporated in the state;
c.
Owns the recycling bins;
d.
Provides all services in maintaining the recycling bins;
e.
Removes the materials deposited in the recycling bins; and
The recycling bins are located on property that is tax exempt pursuant to the terms of this Code.
Commercial recycling bins means donation collection recycling bins (recycling bins) located on private property and owned by an operator for profit-making purposes.
Town recycling bins means donation collection recycling bins (recycling bins) located on town-owned property under contract with an operator.
Notice means a written notice delivered by regular mail or by e-mail to the address of the operator and owner at the address stated on the application.
Operator means the person, party or entity that owns the recycling containers.
Owner means the person, party or entity that is the owner of the property on which the recycling container is located.
(Code 1970, § 10-188; Ord. No. 2018-25, 9-18-2018; Ord. No. 2019-9, 11-5-2019)
Sec. 10-225. - Permit required.#
(a)
It shall be unlawful to place or maintain any recycling bin within the town without having first obtained a recycling bin permit. In the event that a recycling bin shall be located in the town without there first having been a permit issued for such recycling bin, the operator and the owner shall be given notice by the building official that either:
(1)
A recycling bin permit shall be obtained within 48 hours of the notice; or
(2)
The unpermitted recycling bin shall be removed within 48 hours of the notice.
(b)
No recycling bin permit shall be issued if the recycling bin is to be placed or maintained on property on which there is an abandoned business or the property is vacant.
(Code 1970, § 10-189; Ord. No. 2018-25, 9-18-2018; Ord. No. 2019-9, 11-5-2019)
Sec. 10-226. - Recycling bin permit application.#
An application shall be filed with the town clerk for the issuance of a recycling bin. The following information must be included upon the application: (1)
The name, address, telephone number and e-mail address of the operator, the federal tax ID number and state of issuance, any tax exemption number, and the contact person's name, address, telephone number, and e-mail address.
(2)
The name, address, telephone number and e-mail address of the owner, excluding the town.
(3)
The total number of recycling bins, not to exceed two bins on a parcel property, that will be placed at that location, and the days on which the recycling bin will be serviced.
(4)
The signature of the operator and the signature of the owner, excluding the town.
(5)
The date on which the bins will be placed on the property and the anticipated length of placement.
(Code 1970, § 10-190; Ord. No. 2018-25, 9-18-2018; Ord. No. 2019-9, 11-5-2019)
Sec. 10-227. - Issuance and placement of permit.#
(a)
Upon completion of the application and payment of the permit fee to be determined from time to time by the town council and stated in appendix B of this Code, a permit shall be issued.
(1)
The initial permit for commercial recycling bins shall be valid until the succeeding October 31 and thereafter shall be renewed for a period of one year.
(2)
The permit for town recycling bins shall be valid for the duration of the contract with the town and the operator.
(3)
The permit for charitable recycling bins shall be valid without expiration.
(b)
The permit shall be placed upon the recycling bin for which it was issued in a clearly visible location.
(c)
Permits for recycling bins shall not be issued to more than one commercial recycling bins operator on any single parcel of land.
(Code 1970, § 10-191; Ord. No. 2018-25, 9-18-2018; Ord. No. 2019-9, 11-5-2019)
Sec. 10-228. - Maintenance of recycling bins.#
(a)
All recycling bins shall be serviced in accordance with the service information provided on the permit application. In the event that property is placed outside of the recycling bin, the operator and owner, excluding the town, shall be given notice by the town building official. The operator and/or owner shall, within 48 hours of the notice from the building official, clean the area. Upon failure to comply with the removal within 48 hours, a notice of violation from the building official shall be delivered to the operator and owner, excluding the town, and the matter shall be referred to the town municipal court. A fine in the amount of $25.00 per day shall be imposed for each day succeeding the initial 48 hours for which the violation remains.
(b)
In the event that a second violation of the failure to clean the area within 48 hours of notification occurs, the fine shall be in the amount of $50.00 per day for each day succeeding the initial 48 hours for which the violation remains.
(c)
In the event that a third violation of the failure to clean the area within 48 hours of notification occurs, the recycling bin permit shall be revoked and the operator and owner, excluding the town, shall be given notice that the recycling bin must be removed from the property within 72 hours. The building official shall remove the permit from the recycling bin, shall seal the opening of the recycling bin to prevent further deposits and shall place a notice on the recycling bin that the permit has been revoked and no further deposits are to be made in the recycling bin.
(d)
Upon failure to comply with the removal of the recycling bin within 72 hours, a notice of violation shall be delivered to the operator and owner, excluding the town, and the matter shall be referred to the town municipal court. A fine in the amount of $100.00 per day shall be imposed for each day succeeding the initial 72 hours for which the violation remains.
(e)
The operator and the owner, excluding the town, shall be jointly and severally liable for any costs incurred by the town as a result of the failure to properly maintain and service a recycling bin container.
(Code 1970, § 10-192; Ord. No. 2018-25, 9-18-2018; Ord. No. 2019-9, 11-5-2019)