Bill Text: MI SB0870 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Environmental protection; recycling; local regulation of textile recycling collection bins; provide for. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-03-12 - Referred To Committee On Local Government And Elections [SB0870 Detail]
Download: Michigan-2013-SB0870-Introduced.html
SENATE BILL No. 870
March 12, 2014, Introduced by Senator SCHUITMAKER and referred to the Committee on Local Government and Elections.
A bill to regulate local ordinances controlling the placement,
appearance, or operation of bins for the collection of certain
reusable or recyclable materials; to provide for fees; to prescribe
the powers and duties of certain state agencies and local units of
government; and to provide for civil sanctions and remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"textile recycling bin act".
Sec. 3. As used in this act:
(a) "Charitable organization" means an organization that is
exempt from taxation pursuant to section 501(c)(3) of the internal
revenue code, 26 USC 501(c)(3).
(b) "Local unit of government" or "local unit" means a county,
city, village, or township.
(c) "Permittee" means a person that receives a permit to
operate a textile recycling bin pursuant to this act.
(d) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(e) "Person in lawful possession of the property" means a
person that leases property from the property owner, or a person
that represents the lessee and has authority from the lessee over
the property, such as a store manager, regional manager, or
superintendent.
(f) "Place a textile recycling bin" or "place a bin" means to
put the bin in a location where it is intended to be operated for
solicitation purposes.
(g) "Professional fund-raiser" means that term as defined in
section 2 of the charitable organizations and solicitations act,
1975 PA 169, MCL 400.272.
(h) "Property owner" means the person having legal title to
property.
(i) "Property owner's agent" means a person that has express
oral or written authority or implied authority through employment
or by contract or who has apparent authority to enter a contract on
behalf of the property owner.
(j) "Solicitation" means solicitation of donations of
salvageable personal property or household items for the purpose of
reuse or recycling.
(k) "Textile recycling bin" or "bin" means an unattended,
closed receptacle or container made of metal, wood, or plastic or a
combination thereof and designed and intended for the collection
from the public of donations of used clothing, shoes, textiles,
household items, books, magazines, other salvageable personal
property, or wastepaper, for the purpose of reuse or recycling.
Textile recycling bin does not include a receptacle or container
used to collect recyclable metal, plastic, or glass or a household
curbside recycling container or other container used to receive
recyclables from a specific person or persons.
Sec. 5. (1) Except as provided in this act, a local unit of
government shall not enact or enforce an ordinance prohibiting or
regulating the placement, appearance, or operation of textile
recycling bins located outdoors.
(2) This act does not prohibit a local unit of government from
adopting or enforcing a zoning ordinance that does any of the
following:
(a) Prohibiting bins in certain zoning districts, subject to
section 207 of the Michigan zoning enabling act, 2006 PA 110, MCL
125.2307.
(b) Limiting the number of bins that may be placed on a lot or
parcel.
(c) Requiring bins to be set back specified distances from
structures such as roads, driveways, sidewalks, buildings, utility
poles, or traffic signs.
Sec. 7. (1) A local unit of government may adopt an ordinance
prohibiting a person from placing or operating a textile recycling
bin outdoors unless the person obtains a permit from the local unit
as provided under this section.
(2) To obtain a permit under an ordinance adopted under
subsection (1), a person shall file an application with the local
unit of government. A separate permit is required for each bin.
However, a single application may seek permits for up to 10 textile
recycling bins. There is no limit on the number of bins for which
applications may be filed and permits may be issued.
(3) A permit application under subsection (2) shall include
all of the following:
(a) The applicant's name, address, telephone number,
electronic mail address, website address, if any, and fax number,
if any. The information provided under this subdivision shall be
for the applicant's registered office under section 241 of the
business corporation act, 1972 PA 284, MCL 450.1241, or section 241
of the nonprofit corporation act, 1982 PA 162, MCL 450.2241, if the
applicant is incorporated under 1 of those acts.
(b) The name and contact information of the applicant's
resident agent under section 241 of the business corporation act,
1972 PA 284, MCL 450.1241, or section 241 of the nonprofit
corporation act, 1982 PA 162, MCL 450.2241, if the applicant is
incorporated under 1 of those acts.
(c) A certificate of good standing with this state under
section 922 of the business corporation act, 1972 PA 284, MCL
450.1922, or section 922 of the nonprofit corporation act, 1982 PA
162, MCL 450.2922, issued within the past 90 days, if the applicant
is incorporated under 1 of those acts.
(d) The manner in which any clothing or other donations
collected are expected to be used, sold, or distributed.
(e) The name and telephone number of any entity that will
receive some or all of the donations collected in the textile
recycling bins or the proceeds thereof, if the applicant is a for-
profit business.
(f) The address and, as precisely as possible, location where
each bin will be placed, and the name of any business at the
location.
(g) Written consent from the property owner, property owner's
agent, or person in lawful possession of the property to place the
bin on the property identified in subdivision (f). This subdivision
does not apply if the applicant is the property owner, property
owner's agent, or person in lawful possession of the property.
(4) A local unit of government shall not grant an application
for a permit to place and operate a textile recycling bin if the
application is not complete or if the local unit determines that
the operation, display, or placement of the bin will violate any
state law or any ordinance provision described in section 5(2).
(5) A local unit of government may impose a fee for processing
an application for a permit. The fee shall not exceed the lesser of
the following:
(a) $75.00, regardless of the number of textile recycling bins
covered by the application.
(b) The actual reasonable costs of processing an application.
(6) A permit under this section is valid for 1 year.
(7) A local unit of government shall provide a permittee with
1 permit sticker for each approved permit. The sticker shall
display the local unit's seal, a permit number, and an expiration
date. The size of the sticker shall be 4 inches by 4 inches. The
color of the sticker shall be the same color that the department of
state uses for motor vehicle registration decals for that year. The
permittee shall place the sticker in a conspicuous place on the
front panel of the textile recycling bin. On request of the
permittee, the local unit shall provide a replacement sticker for a
fee of $10.00 if the original sticker is damaged or lost.
(8) An expiring permit for a textile recycling bin may be
renewed. Subsection (2) and subsections (4) to (7) apply to the
renewal application and permit. The application for a renewal
permit shall include all of the following:
(a) The permit number.
(b) The information required under subsection (3)(f).
(c) Any change in the information required under subsection
(3)(a) or (b).
Sec. 9. A local unit of government may adopt an ordinance
prohibiting a person from placing or operating a textile recycling
bin outdoors unless the person does all of the following:
(a) Provides proof to the clerk of the local unit of
government of a certificate of liability insurance of at least
$1,000,000.00 for all permitted bins.
(b) Maintains the appearance of the bin, including fresh
paint, readable signage, and general upkeep.
(c) Maintains a telephone number to receive complaints about
the bin that is answered live during the hours of 9 a.m. to 5 p.m.
(d) Provides the property owner, property owner's agent, or
person in lawful possession of the property with the telephone
number under subdivision (c).
(e) Removes graffiti and trash from the bin and trash from
outside the bin within a reasonable time after receiving
notification of its presence.
(f) Repairs, replaces, or removes a damaged bin within 5
business days after receiving notification of its condition or
within a reasonable amount of time, whichever is less.
(g) Ensures that the front of the bin conspicuously displays
all of the following:
(i) The person's name, address, telephone number under
subdivision (c), and website address, if any.
(ii) A statement, in at least 2-inch type, that reads either
"This recycling bin is owned and operated by a nonprofit
organization." or "This recycling bin is owned and operated by a
for-profit business.", as applicable.
(iii) If the bin is owned by a nonprofit organization, the front
of the bin shall also conspicuously display a statement describing
the charitable cause that will benefit from donations.
(iv) If the bin is owned by a for-profit business, the front of
the bin shall conspicuously display a statement that reads "A
donation to this bin is not tax deductible.".
(v) If the bin is owned and operated by a professional fund-
raiser, the professional fund-raiser shall not post notice of
donations to a charitable organization except on the sides of the
bin. Such a notice shall not contain larger type size or cover an
area larger than the professional fund-raiser's name and address
that is posted on the front of the recycling bin. The notice shall
not constitute more than 25% of the total space occupied by
information on the bin required under this act.
Sec. 11. (1) A textile recycling bin that is in violation of
an ordinance adopted under this act is a public nuisance. The
attorney for the local unit of government may bring an action to
abate the nuisance.
(2) A person who violates an ordinance adopted under this act
is responsible for a municipal civil infraction and may be ordered
to pay a civil fine of not more than $500.00 per textile recycling
bin in violation of the ordinance.
(3) A person who perpetrates a fraud regarding the operation
or use of a textile recycling bin is responsible for a municipal
civil infraction and shall be ordered to pay a civil fine of not
less than $500.00 or more than $1,000.00 per recycling bin. In
addition, the court shall do both of the following:
(a) Authorize the local unit of government at its discretion
to revoke all permits issued to the defendant by the local unit
under section 7.
(b) Authorize the local unit at its discretion to remove all
bins placed by the defendant and store the bins in a secure
location until the bins are retrieved by the defendant. The bins
shall be released to the defendant upon payment of all reasonable
costs incurred by the local unit for removal and storage.
(4) A violation of an ordinance adopted under this act may be
prosecuted by the prosecutor for the local unit of government where
the violation occurred. A fine collected for a violation of this
act shall be deposited in the general fund of the local unit of
government.
