[Adopted by the City Council of the City of Roseville 6-11-2019 by Ord. No. 1310. Amendments noted where applicable.]
This chapter shall be known as the "City of Roseville Collection Boxes Ordinance."
A. 
The Collection Boxes chapter is intended to be a regulatory ordinance in the public's health, safety and welfare for the protection of all citizens who use collection boxes. The intent of this Collection Boxes Chapter is to impose restrictions and conditions on all collection boxes in the City so that they are, and remain, clean, safe and do not create hazards to pedestrians and to vehicular traffic, or unsightly or unsanitary conditions. This chapter is passed under the City's regulatory authority pursuant to state law and the Michigan Constitution.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
COLLECTION BOX(ES)
Any metal container, receptacle, bin, or similar device that is located on any parcel or lot of record within the City and that is used for soliciting and collection, the receipt of clothing, household items, or other salvageable personal property. This item does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle or any collection box located within an enclosed building.
OPERATOR
A person who owns, operates or otherwise is in control of collection boxes to solicit collections of salvageable personal property.
PERMITTEE
A person over 18 years of age or an entity who is issued a permit authorizing placement of collection box(es) on real property.
PROPERTY OWNER
The person who is an owner of real property where the collection box(es) are located.
REAL PROPERTY, PROPERTY or LAND
A lot of record located in the City of Roseville.
No later than 90 days from the effective date of this chapter, no person shall place, operate, maintain or allow any collection box(es) on any real property without first obtaining an annual permit issued by the City to locate a collection box(es).
A. 
Any person desiring to secure a permit shall make an application to the City.
B. 
A permit shall be obtained for each collection box(es) proposed. Combining fees for collection box(es) located on a lot of record may be addressed in the fee resolution.
C. 
The application for a permit shall be upon a form provided by the City and be signed by an individual who is an officer, director, member or manager of an entity applicant. The applicant shall furnish the following information:
(1) 
Name, address and email of all partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a nonpublicly traded corporation applicant, all stockholders owning more than 5% of the stock of a nonpublicly traded corporate applicant, and any other person who is financially interested directly in the ownership or operation of the business, including all aliases.
(2) 
Date of birth of individuals and date of establishment of an entity or the birth date of an individual applicant.
(3) 
Whether the applicant has previously received a permit for a collection box in the City or operates a collection box or similar type receptacle without a permit in the City.
(4) 
The name, address, email and telephone number of a contact person, reachable 24 hours per day, for all matters relating to a collection box located in the City.
(5) 
The physical address of the real property where the collection box is proposed to be located.
(6) 
A scaled drawing sufficient to illustrate the proposed location of the collection box on the real property, the dimensions of the proposed collection box and that the location complies with the requirements of § 106-5 of this chapter and all other sections and applicable ordinances.
(7) 
If not the owner of the real property, an affidavit from the property owner providing written permission to place the collection box(es) on the property, as well as an acknowledgment from the property owner of receipt of a copy of this chapter shall be provided on a form provided by the City. For purposes of this subsection the affidavit and acknowledgment may be executed by an individual who is an officer, director, member or manager of an entity owning the property.
(8) 
A nonrefundable fee in an amount established by resolution of the City Board.
D. 
Within 10 business days of receiving an application for a permit, the City shall notify the applicant whether the permit is granted or denied. If the application is denied, the City shall state in writing the specific reason for denial.
E. 
No person to whom a permit has been issued shall transfer, assign or convey such permit to another person or legal entity.
F. 
A person shall be issued a permit by the City official if the requirements of this chapter are satisfied.
G. 
Upon inspection of the approved location of the collection boxes, the City shall provide a permit sticker for each approved collection box. The sticker will display the City name, the permit number, and the expiration date. The color of the sticker will be determined by the City and will change yearly. Replacement stickers for damaged or lost stickers will be available at a fee established by resolution of the City Board.
A permittee shall operate and maintain, or cause to be operated and maintained, all collection boxes located in the City for which the permittee has been granted a permit as follows:
A. 
Collection boxes shall be metal and be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti.
B. 
Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.
C. 
Collection boxes shall have, at minimum, one-half-inch type visible from the front of each collection box, the name, address, email, website and phone number of the operator, as well as whether the collection box is owned and operated by a for-profit company or a not-for-profit company. The collection box shall not have information, advertising or logos other than those relating to the operator.
D. 
Collection boxes shall be serviced and emptied as needed, but at least every 30 days.
E. 
The permittee and property owner, jointly and severally, shall maintain, or cause to be maintained, the area surrounding the collection boxes free from any junk, debris or other material. The property owner shall be responsible to the extent provided by law for the City's cost to abate any nuisance.
F. 
A site plan shall be submitted for collection boxes which is to scale, and provides and/or depicts the following:
(1) 
Not be permitted in any land zoned or used for residential purposes other than land zoned residential used as a church or school with a paved parking lot with completely contiguous parking for at least 75 vehicles;
(2) 
Not be permitted on any unimproved parcel where a structure for occupancy does not exist, nor where a multitenant location is not less than 50% occupied based on the square footage of total units, nor where the principal use of the land has been discontinued or the principal business has not been lawfully opened for more than 30 days;
(3) 
Not be less than 1,000 feet from another collection box as measured along a straight line from one box to the other. Notwithstanding this separation requirement, up to two collection boxes on a single lot of record are permitted if the boxes are side by side and are no more than one foot apart;
(4) 
Not exceed 7.0 feet in height, six feet in width and six feet in depth;
(5) 
Not cause a visual obstruction to vehicular or pedestrian traffic; no refunds will be provided once a permit has been issued;
(6) 
Not be placed in the front yard setback or closer than the front facade of the building, whichever is closer. Side yard setbacks shall be no less than 10 feet, or the distance required by the zoning district classification, whichever is greater. All other setback requirements of accessory uses as provided in that zoning district classification shall be followed;
(7) 
Not be placed other than on a concrete or asphalt surface in an accessible location;
(8) 
Not cause safety hazards with regard to a designated fire lane or building exit;
(9) 
Not:
(a) 
Interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic;
(b) 
Encroach upon an access drive, off-street parking lot maneuvering lane and/or required off-street parking space;
(10) 
Shall not result in a reduction in useable parking spaces below the minimum required numbers of parking spaces for all uses on the subject property;
(11) 
Shall be insured with general liability insurance in an amount with coverage limits not less than $100,000 per occurrence and in aggregate;
(12) 
Only one collection box shall be permitted for parcels one acre or less with a maximum of two collection boxes per site for larger parcels;
(13) 
Shall not disrupt the flow of storm drainage.
A. 
The permit year shall begin on January 1 in each year and shall terminate on December 31 of the same calendar year. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the calendar year next following issuance thereof.
B. 
A collection box permit shall be renewed annually. The application for renewal must be filed not later than 30 days before the permit expires. The application for renewal shall be upon a form provided by the City.
C. 
The City shall either approve or deny the renewal of a permit within 10 business days of receipt of the complete renewal application and payment of the renewal fee. Failure of the City to act before expiration of the permit shall constitute approval of the renewal of the permit.
D. 
A permit fee set by resolution of the City Council shall be submitted with the application for renewal.
E. 
Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the City in writing of the intent to cancel the permit. The permit shall become void upon the City's receipt of a written notice of intent to cancel the permit. No refunds will be provided once a permit has been issued.
F. 
The City shall approve the renewal of a permit if the City finds that no circumstances existed during the term of the permit which would cause a violation to exist and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.
G. 
If the permit expires and is not renewed, the collection box(es) must be removed from the real property within a maximum of 10 days after expiration of the permit.
A. 
The City shall have the right to revoke any permit issued hereunder for a violation of this chapter. Any of the grounds upon which the City may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this code or other law shall also constitute grounds for revocation of the permit. The City shall provide a written notification to the permittee and a property owner at the address upon the application for each stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of 10 days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the City and, thereafter, the permittee shall not be eligible for a permit on the property for the subsequent calendar year.
B. 
A permit for a collection box may be revoked if any governmental authority or agency determines that the collection box has violated the Michigan Consumer Protection Act[1] and/or the Charitable Organizations and Solicitations Act.[2]
[1]
Editor's Note: See MCL § 445.901 et seq.
[2]
Editor's Note: See MCL § 400.271 et seq.
C. 
Upon revocation the collection box shall be removed from the real property within 10 days and, if not so removed within the time period, the City may remove, store or dispose of the collection box at the expense of the permittee and/or real property owner. All costs associated with the removal of the collection box incurred by the City, or the City's contractor shall be the responsibility of the property owner. If such obligation is not paid within 30 days after mailing of a billing of costs to the property owner, the City may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected as in the case of general property tax with the same penalties and interest. If the same is not paid prior to the preparation of the next assessment roll of the City, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder. Unpermitted collection boxes may also be removed in the same manner. Revoked and unpermitted collection boxes may be disposed of by the City 30 days after appeal is completed, or 30 days after revocation if no appeal or improper appeal occurs. Disposal after 30 days may occur for unpermitted collection boxes.
Any person aggrieved by the decision rendered by the City in granting or denying an application for a permit under this chapter or in revoking a permit issued under this chapter may appeal the decision to the Zoning Board of Appeals. The appeal shall be made by filing a written notice thereof with the Building Department setting forth the grounds for the appeal not later than 10 days after mailing notice of the decision of the City. The Zoning Board of Appeals may grant relief if the applicant presents clear and convincing evidence that there was an error in the decision of the City.
A. 
In addition to revocation of permit pursuant to § 106-7, any person violating the provisions of this chapter is guilty of a misdemeanor offense punishable by 93 days in jail and/or $500 fine, plus costs.
B. 
In addition to the penalty provided in Subsection A of this section, any condition caused or permitted to exist in violation of the provisions of this chapter, or any ordinance, shall be deemed a new separate offense for each day that such condition continues to exist.
C. 
Nothing in this chapter shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this section for violation of this chapter.
D. 
The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.
E. 
No fines shall be imposed for a violation of this chapter until 90 days after its effective date. All collection boxes existing at the effective date of the chapter shall apply for a permit as required herein within 30 days of the effective date. Any collection boxes not in compliance with this chapter after 90 days of the effective date shall be subject to all remedies for violation as provided therein.