§ 399-BBB — Solicitations by container; disclosures

§ 399-bbb. Solicitations by container; disclosures. 1. As used in this\nsection the term "publicly accessible collection bin" shall mean an\nunattended canister, box, receptacle, or similar device, used for the\nsolicitation and collection of personal property, not including money or\nevidences of debt. Such term shall not include an unattended canister,\nbox, receptacle, or similar device, used exclusively for the collection\nof used paper, cardboard, motor oil, bottles, cans or other receptacles\nor materials, not including textiles, for recycling or waste diversion\npurposes.\n 2. A publicly accessible collection bin shall not be placed on public\nproperty; if placed on public property, the local municipality may\nimmediately remove and dispose of such bin.\n 3. Any person, business, not-for-profit organization or other entity\nor entities, or an agent or agents, whether paid or not paid, of such\nperson, business, not-for-profit organization or other entity, who\nplaces a publicly accessible collection bin in a public place on private\nproperty shall affix to the publicly accessible collection bin a label\nthat is designed to be incapable of being destroyed or removed and that\nclearly and conspicuously displays in at least twenty-four point type\nunless otherwise specified in this section and on the front of the\npublicly accessible collection bin in a manner that is readily visible\nto an individual placing property in the publicly accessible collection\nbin the following:\n (a) the name of the person, business, not-for-profit organization or\nother entity which owns the publicly accessible collection bin and any\nagent thereof; the legal address, telephone number, e-mail address and\nwebsite, if applicable, of such person, business, not-for-profit\norganization or other entity and any agent thereof where the owner of\nthe publicly accessible collection bin or its agent can be reached\nduring ordinary business hours; any permit or license required by local\nlaw of such person, business, not-for-profit organization or other\nentity and any agent thereof; a statement that nothing shall be left\noutside of such bin; and a statement that shall take the following form:\nFor more information, contact the department of law at (insert the\ncurrent telephone number established by the department of law for\nreceiving inquiries from consumers) or (insert the current address of\nthe website of the department of law). If more than one person,\nbusiness, not-for-profit organization or other entity own the publicly\naccessible collection bin, all of the owners' names, legal addresses,\ntelephone numbers and any permits or licenses required by local law of\nsuch owners shall be included in the disclosure label. If more than one\nagent represents an owner of the publicly accessible collection bin,\nincluding a for-profit entity, on behalf of, or in conjunction with a\nnot-for-profit organization, all of the agents' names, legal addresses,\ntelephone numbers and any permits or licenses required by local law of\nsuch owners shall be included in the disclosure label; and\n (b) a statement about the purpose or purposes for the property\ncollected in the bin using letters no less than two inches in height as\nfollows:\n (i) if all of the property placed in the publicly accessible\ncollection bin is directed to a non-business purpose or purposes as\ndescribed in paragraph (b) of section two hundred one of the\nnot-for-profit corporation law or, if the property is sold and all\nproceeds of such sale are directed to a non-business purpose or purposes\ndescribed in paragraph (b) of section two hundred one of the\nnot-for-profit corporation law, the label affixed to the publicly\naccessible collection bin pursuant to this section shall state:\n DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES\n The value of items placed in this bin is tax-deductible.\n or\n (ii) if any of the property placed in the publicly accessible\ncollection bin is not directed to a non-business purpose or purposes as\ndescribed in paragraph (b) of section two hundred one of the\nnot-for-profit corporation law, or if the property is sold, and any\nproceeds of such sale are not directed to a non-business purpose or\npurposes described in paragraph (b) of section two hundred one of the\nnot-for-profit corporation law, the label affixed to the publicly\naccessible collection bin pursuant to this section shall state:\n DONATED ITEMS WILL BE USED FOR PROFIT\n The value of items placed in this bin is NOT tax-deductible.\n (c) for collection bins owned by a not-for-profit organization, a\nstatement describing the charitable causes that will benefit from\ndonations; and\n (d) collection bins operated by corporate fundraisers or any entity\nplacing and operating collection bins for the benefit of another\nfor-profit entity or not-for-profit entity shall abide by the\nrequirements of the above and any additional guidelines and labeling\nrequirements under state or local law as applicable.\n 4. The owner of a publicly accessible collection bin shall obtain\nwritten consent from the owner or lessee of the property where the\npublicly accessible collection bin is located, or the owner or lessee's\nauthorized agent, stating that the owner of the publicly accessible\ncollection bin has received permission to place the bin on the property.\nUpon request of any local jurisdiction, documentation evidencing the\nwritten consent shall be made available by the owner of the publicly\naccessible collection bin. The owner or lessee of the property where the\npublicly accessible collection bin is located, or the owner or lessee's\nauthorized agent may rescind such consent at any time, provided, written\nnotice of such rescission is provided to the bin owner at least ten days\nprior to the bin's removal. Written notice of rescission of consent, if\ngiven by first-class mail, shall be deemed given when deposited in a\nmailbox properly addressed and adequate postage prepaid. Such written\nnotice shall be effective irrespective of the form of such written\nnotice if it indicates the intention of the owner or lessee of the\nproperty to rescind the consent previously given by the property owner\nor lessee's authorized agent. Ten days after giving notice, the property\nowner or lessee may remove and dispose of such bin, and any reasonable\ncosts associated with such removal or disposal shall be recoverable from\nthe owner of the publicly accessible collection bin.\n 5. The owner of a publicly accessible collection bin shall adhere to\nthe following maintenance requirements:\n (a) bins shall be serviced and emptied as needed or within seven days\nof a request by the property owner or owner's agent, including requests\nfor removal of debris and bulk items;\n (b) remove graffiti on the outside of bins within seven days of\nrequests or otherwise becoming aware of such damage or vandalism;\n (c) repair damaged bins within seven days of requests or otherwise\nbecoming aware of such damage or vandalism;\n (d) secure each collection bin with a tamper-resistant lock; and\n (e) maintain the aesthetic presentation of such bin, including fresh\npaint and readable signage.\n 6. Whenever a bin is removed by a property owner in accordance with\nthe provisions of this section, the property owner shall inform the bin\nowner of the location to which the bin was removed, or any other\ndisposition of the bin, and any reasonable costs associated with such\nremoval or disposal shall be recoverable from the owner of the publicly\naccessible collection bin.\n 7. (a) Any violation of the provisions of this section shall be deemed\na deceptive practice within the meaning of section three hundred\nforty-nine of this chapter and any remedy provided therein shall be\navailable for the enforcement of this section. In addition, the district\nattorney, county attorney, and the corporation counsel shall have\nconcurrent authority to seek the relief in paragraph (b) of this\nsubdivision, and all civil penalties obtained in any such action shall\nbe retained by the municipality or county in which such bin is placed.\n (b) In every case where the court shall determine that a violation of\nthis section has occurred, it may impose a civil penalty of not more\nthan five thousand dollars for each violation.\n (i) Any bin not in compliance with the provisions related to the\ndisplay of information or unpermitted placement shall subject the owner\nof such bin to a civil penalty of up to two hundred fifty dollars for\nthe first offense, and a civil penalty of up to five hundred dollars for\neach subsequent offense within an eighteen month period.\n (ii) Any bin not in compliance with the maintenance provisions shall\nsubject the owner of such bin to a civil penalty of up to fifty dollars\nfor the first offense, and a civil penalty of up to one hundred dollars\nfor each subsequent offense within an eighteen month period.\n (c) It shall be a defense to the imposition of any civil penalty or\nany other remedy in an action brought to enforce the provisions of this\nsection if the person or entity affixed a label as required by this\nsection and such label was removed or defaced by vandals, provided that\nsuch person or entity subsequently complies with the requirements of\nthis section.\n (d) Nothing in this section shall be construed to restrict any right\nwhich any person may have under any other statute or the common law.\n