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This entry was published on 2016-06-17
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SECTION 399-BBB
Solicitations by container; disclosures
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 399-bbb. Solicitations by container; disclosures. 1. As used in this
section the term "publicly accessible collection bin" shall mean an
unattended canister, box, receptacle, or similar device, used for the
solicitation and collection of personal property, not including money or
evidences of debt. Such term shall not include an unattended canister,
box, receptacle, or similar device, used exclusively for the collection
of used paper, cardboard, motor oil, bottles, cans or other receptacles
or materials, not including textiles, for recycling or waste diversion
purposes.

2. A publicly accessible collection bin shall not be placed on public
property; if placed on public property, the local municipality may
immediately remove and dispose of such bin.

3. Any person, business, not-for-profit organization or other entity
or entities, or an agent or agents, whether paid or not paid, of such
person, business, not-for-profit organization or other entity, who
places a publicly accessible collection bin in a public place on private
property shall affix to the publicly accessible collection bin a label
that is designed to be incapable of being destroyed or removed and that
clearly and conspicuously displays in at least twenty-four point type
unless otherwise specified in this section and on the front of the
publicly accessible collection bin in a manner that is readily visible
to an individual placing property in the publicly accessible collection
bin the following:

(a) the name of the person, business, not-for-profit organization or
other entity which owns the publicly accessible collection bin and any
agent thereof; the legal address, telephone number, e-mail address and
website, if applicable, of such person, business, not-for-profit
organization or other entity and any agent thereof where the owner of
the publicly accessible collection bin or its agent can be reached
during ordinary business hours; any permit or license required by local
law of such person, business, not-for-profit organization or other
entity and any agent thereof; a statement that nothing shall be left
outside of such bin; and a statement that shall take the following form:
For more information, contact the department of law at (insert the
current telephone number established by the department of law for
receiving inquiries from consumers) or (insert the current address of
the website of the department of law). If more than one person,
business, not-for-profit organization or other entity own the publicly
accessible collection bin, all of the owners' names, legal addresses,
telephone numbers and any permits or licenses required by local law of
such owners shall be included in the disclosure label. If more than one
agent represents an owner of the publicly accessible collection bin,
including a for-profit entity, on behalf of, or in conjunction with a
not-for-profit organization, all of the agents' names, legal addresses,
telephone numbers and any permits or licenses required by local law of
such owners shall be included in the disclosure label; and

(b) a statement about the purpose or purposes for the property
collected in the bin using letters no less than two inches in height as
follows:

(i) if all of the property placed in the publicly accessible
collection bin is directed to a non-business purpose or purposes as
described in paragraph (b) of section two hundred one of the
not-for-profit corporation law or, if the property is sold and all
proceeds of such sale are directed to a non-business purpose or purposes
described in paragraph (b) of section two hundred one of the
not-for-profit corporation law, the label affixed to the publicly
accessible collection bin pursuant to this section shall state:

DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES

The value of items placed in this bin is tax-deductible.

or

(ii) if any of the property placed in the publicly accessible
collection bin is not directed to a non-business purpose or purposes as
described in paragraph (b) of section two hundred one of the
not-for-profit corporation law, or if the property is sold, and any
proceeds of such sale are not directed to a non-business purpose or
purposes described in paragraph (b) of section two hundred one of the
not-for-profit corporation law, the label affixed to the publicly
accessible collection bin pursuant to this section shall state:

DONATED ITEMS WILL BE USED FOR PROFIT

The value of items placed in this bin is NOT tax-deductible.

(c) for collection bins owned by a not-for-profit organization, a
statement describing the charitable causes that will benefit from
donations; and

(d) collection bins operated by corporate fundraisers or any entity
placing and operating collection bins for the benefit of another
for-profit entity or not-for-profit entity shall abide by the
requirements of the above and any additional guidelines and labeling
requirements under state or local law as applicable.

4. The owner of a publicly accessible collection bin shall obtain
written consent from the owner or lessee of the property where the
publicly accessible collection bin is located, or the owner or lessee's
authorized agent, stating that the owner of the publicly accessible
collection bin has received permission to place the bin on the property.
Upon request of any local jurisdiction, documentation evidencing the
written consent shall be made available by the owner of the publicly
accessible collection bin. The owner or lessee of the property where the
publicly accessible collection bin is located, or the owner or lessee's
authorized agent may rescind such consent at any time, provided, written
notice of such rescission is provided to the bin owner at least ten days
prior to the bin's removal. Written notice of rescission of consent, if
given by first-class mail, shall be deemed given when deposited in a
mailbox properly addressed and adequate postage prepaid. Such written
notice shall be effective irrespective of the form of such written
notice if it indicates the intention of the owner or lessee of the
property to rescind the consent previously given by the property owner
or lessee's authorized agent. Ten days after giving notice, the property
owner or lessee may remove and dispose of such bin, and any reasonable
costs associated with such removal or disposal shall be recoverable from
the owner of the publicly accessible collection bin.

5. The owner of a publicly accessible collection bin shall adhere to
the following maintenance requirements:

(a) bins shall be serviced and emptied as needed or within seven days
of a request by the property owner or owner's agent, including requests
for removal of debris and bulk items;

(b) remove graffiti on the outside of bins within seven days of
requests or otherwise becoming aware of such damage or vandalism;

(c) repair damaged bins within seven days of requests or otherwise
becoming aware of such damage or vandalism;

(d) secure each collection bin with a tamper-resistant lock; and

(e) maintain the aesthetic presentation of such bin, including fresh
paint and readable signage.

6. Whenever a bin is removed by a property owner in accordance with
the provisions of this section, the property owner shall inform the bin
owner of the location to which the bin was removed, or any other
disposition of the bin, and any reasonable costs associated with such
removal or disposal shall be recoverable from the owner of the publicly
accessible collection bin.

7. (a) Any violation of the provisions of this section shall be deemed
a deceptive practice within the meaning of section three hundred
forty-nine of this chapter and any remedy provided therein shall be
available for the enforcement of this section. In addition, the district
attorney, county attorney, and the corporation counsel shall have
concurrent authority to seek the relief in paragraph (b) of this
subdivision, and all civil penalties obtained in any such action shall
be retained by the municipality or county in which such bin is placed.

(b) In every case where the court shall determine that a violation of
this section has occurred, it may impose a civil penalty of not more
than five thousand dollars for each violation.

(i) Any bin not in compliance with the provisions related to the
display of information or unpermitted placement shall subject the owner
of such bin to a civil penalty of up to two hundred fifty dollars for
the first offense, and a civil penalty of up to five hundred dollars for
each subsequent offense within an eighteen month period.

(ii) Any bin not in compliance with the maintenance provisions shall
subject the owner of such bin to a civil penalty of up to fifty dollars
for the first offense, and a civil penalty of up to one hundred dollars
for each subsequent offense within an eighteen month period.

(c) It shall be a defense to the imposition of any civil penalty or
any other remedy in an action brought to enforce the provisions of this
section if the person or entity affixed a label as required by this
section and such label was removed or defaced by vandals, provided that
such person or entity subsequently complies with the requirements of
this section.

(d) Nothing in this section shall be construed to restrict any right
which any person may have under any other statute or the common law.