SMITHFIELD – The situation with messy donation bins across town is out of control, says Town Council President John Tassoni, who is proposing a new ordinance meant to address the situation.
On Tuesday, Sept. 15, the council will set a public hearing for Oct. 6 to consider, discuss and act on amending the Smithfield Code of Ordinances to add Chapter 351 regulating outdoor clothes and book donation bins.
Town Manager Bob Seltzer said he’s aware of at least three donation bin sites that are not properly maintained. When the town’s zoning officer issues a violation, he said, it can be difficult to identify the party responsible for cleaning the area around the bins, he said.
“This ordinance is intended to help the town monitor donation bins and maintain clear communication between responsible parties,” he explained to the council. “Such communication is imperative to maintaining a neat and orderly appearance of the donation bin sites.”
Tassoni said they’ve been told that most bin operators pay fees for the spots to owners of the properties.
“People have a responsibility to take care of their property when they are receiving compensation,” he said.
According to the ordinance, donation bins are unattended boxes, containers, or receptacles designed or used for collection of clothing, shoes, books, or other salvageable personal property.
It also defines property owners and bin operators and requires an annual permit with the town clerk’s office, including a permit fee of $50.
Permits expire Dec. 31 and must be renewed annually.
According to the proposed wording, a 24-hour contact number and email address must be provided to facilitate timely notification with a 48-hour debris removal requirement.
All donation bins shall be located in commercial and industrial zoning districts and are prohibited in residential zones, bins shall be placed on paved or concrete surfaces and not block parking spaces, driveways, fire lanes, sidewalks, or sight triangles for traffic.
The owner/operator of the donation bin must obtain notarized consent from them property owner to locate the bin on a property, and no more than three bins shall be allowed on a single parcel of land.
The person responsible for any bin shall permanently place and maintain a sign, and all bins shall display the name, address, phone number, and website of the operator in clear lettering at least two inches high. The label shall indicate whether the operator is a for-profit or non-profit entity.
The sign has to state that donations must be placed inside the donation bin and not left outside, as well as that illegal dumping is prohibited.
Among other things, the proposal states that bins must be emptied regularly enough to prevent overflow, and at least once every 14 days.
The operator must remove any graffiti or vandalism from the bin within 48 hours of notification.
The zoning enforcement officer, building official, or police have authority to enforce the ordinance, and any operator or property owner in violation shall be subject to a fine of $100 per day for each day the violation continues.
The town reserves the right to impound all donation bins left in an overflowing state or which create a public health hazard, at the owner or operator’s expense, after 48 hours of written notice of violation from the town. All violations are subject to review in Smithfield Municipal Court.
