The purpose of this chapter is to regulate the placement of
unattended donation boxes within the Borough. The procedures and requirements
of this chapter are enacted to:
A. Promote the community's health, safety, and welfare by regulating
unattended donation boxes for clothing or other salvageable personal
property within the Borough;
B. Ensure that unattended donation boxes do not pose a hazard to pedestrian
and vehicular traffic;
C. Ensure that material is not allowed to accumulate outside of the
unattended donation boxes where it can be scattered by adverse weather
conditions, animal contacts or human activities; and
D. Establish criteria that avoids attracting vermin, unsightliness,
and public health hazard.
As used in this chapter, the following terms shall have the
meanings indicated:
CODE ENFORCEMENT DEPARTMENT
The Borough Department charged with enforcing the Code of
the Borough of Darby and other codes providing for the health, safety
and welfare in the Borough of Darby.
OPERATOR
A person, entity, association or organization who places,
maintains or operates unattended donation box(es) to solicit donations
of salvageable personal property.
PERMITTEE
The property owner who is issued a permit authorizing placement
of unattended donation box(es).
PROPERTY OWNER
The person, entity, association or organization who owns
the real property where the unattended donation box(es) are or are
proposed to be located.
UNATTENDED DONATION BOX
Any unattended container, receptacle, or similar device that
is located on any property within the Borough used for soliciting
and collecting donations of clothing or other salvageable personal
property. This term does not include recycle bins for the collection
of recyclable materials.
The Code Enforcement Department shall have the right to revoke
any permit issued hereunder if any of the grounds to refuse issuance
of the initial permit exists. In addition, the failure of the permittee
to comply with the provisions of this chapter, or other provisions
of this Darby Code or other law, shall also constitute grounds for
revocation of the permit. The Code Enforcement Department shall provide
a written notification to the permittee stating the specific grounds
for revocation. Upon revocation, the unattended donation box shall
be removed from the permittee's real property within 30 calendar days
and, if not removed within this time period, the Borough may remove,
store and dispose of the unattended donation box at the permittee's
sole cost and expense. Upon revocation, a permittee shall be prohibited
from applying for a permit for a period of one year. Any violation
of the provisions of this chapter is a public nuisance subject to
abatement pursuant to the Darby Code or as otherwise permitted by
law.
Nothing in this chapter shall limit the Borough from using any
remedy legally available for violations of this chapter.
Any person aggrieved by the decision rendered by the Code Enforcement
Department in granting or denying an application for a permit under
this chapter, or in revoking or refusing to renew a permit issued
hereunder, may appeal the decision to the Borough Manager. The appeal
shall be made by filing a written notice thereof with the Borough
Secretary not later than 10 calendar days after receiving notice of
the decision of the Code Enforcement Department. The Borough Manager
shall hold a hearing on the appeal within 30 calendar days. The Borough
Manager's decision shall be final.
Reasonable fees and deposits to defray the cost of processing
applications and proposals and for the administration shall be as
stated in the Borough Fee Schedule.
Unattended donation boxes located entirely within the interior
of a building are exempt from the requirements of this chapter.