Donation bins shall be permitted within the corporate limits
of the City so long as in compliance with the requirements of this
chapter. For purposes of this chapter, "donation bin" shall mean any
receptacle or container that is unsupervised or unattended, and is
intended for use as a collection point for the donation and temporary
storage of clothing or other donated materials.
[Amended 5-15-2018 by Ord. No. O-18-05]
All donation bins shall be subject to registration with the
Planning and Code Administration Department (the "Department").
A. Registration of each donation bin shall be submitted on the form
adopted by the Department, shall be updated annually, and shall be
accompanied by:
(1) A drawing depicting the size (height, width, and length) and the
location of the bin;
(2) Written proof of permission to install and maintain a donation bin
from the owner of the property and written consent from the owner
of the property to have any unpaid registration fee and/or reregistration
fee added to the municipal tax bill for the subject real property;
(3) Up-to-date name and contact information for each of the following:
(a)
The person or entity responsible for the maintenance of the
bin;
(b)
The owner of the bin, if different from above; and
(c)
The company soliciting donations, if different from above; and
(4) An initial registration fee of $200 and an annual reregistration
fee of $100.
B. All donation bins in existence in the City upon the effective date
hereof shall, within 90 days of the effective date of this chapter,
be registered with the Department and in compliance with the requirements
of this chapter;
C. The owners of any donation bins in existence in the City upon the
effective date of the 2018 amendment shall provide written consent
from the owner of the property to have any unpaid registration fee
or reregistration fee added to the municipal tax bill for the subject
real property at the time of the next annual renewal.
D. Registration and reregistration fees shall be due at the time of initial registration and annually thereafter. Failure to remit payment in full may result in collection pursuant to Article III, Tax Liens, §
223-11, of the City Code, or by other civil proceeding.
All donation bins shall comply with the following requirements:
A. Permitted zones. Donation bins are permitted only in industrial and
commercial zoning districts.
B. Location and design. Donation bins shall be subject to the following
provisions:
(1) Donation bins shall be located on a paved or impervious surface;
(2) Donation bins shall comply with all setback provisions applicable
to the property;
(3) Donation bins shall not obstruct pedestrian or vehicular traffic;
(4) Donation bins shall not be located in the public right-of-way, drive
aisles, fire lanes, sidewalks, required parking spaces, landscape
islands or buffer strips, or any location that may cause hazardous
conditions or constitute a threat to public safety;
(5) The total allowable number of donation bins per property shall be
defined by the size of the property on which the bin is located, with
the following limitations:
(a)
Property equal to or less than one acre: a maximum of one donation
bin is permitted;
(b)
Property greater than one acre and up to five acres: a maximum
of two donation bins are permitted;
(c)
Property greater than five acres: a maximum of one donation
bin is permitted per every 2.5 acres.
(6) Donation bins shall be constructed of noncombustible material and
shall have a securely closing lid; and
(7) Donation bins shall be clearly marked with the following:
(a)
Up-to-date name and contact information for:
[1]
The person or entity responsible for the maintenance of the
bin;
[2]
The owner of the bin, if different from above; and
[3]
The company soliciting donations, if different from above, and
an indication of tax exempt status; and
(b)
A notice stating that no items or materials shall be left outside
the donation bin.
C. Size restrictions. The maximum size for any donation bin shall not
exceed five feet in width by five feet in depth by seven feet in height.
D. Maintenance. Each donation bin and the property upon which it is
located shall be maintained in a safe and well-maintained condition
and shall be subject to the requirements of the Land Management Code,
the Property Maintenance Code, and the Nuisance Abatement Chapter
of the City Code. Each bin must be regularly emptied of its contents
so that it does not overflow.
Any person or entity who owns, controls, or maintains a donation
bin or the property upon which it is located and who violates any
of the provisions of this chapter and fails to abate such violation
after notice has been provided to the person or entity responsible
for maintenance of the bin shall, upon conviction thereof, be guilty
of a municipal infraction and subject to a fine of $500 for each offense.
A separate offense shall be deemed committed for each day on which
the violation exists.
Should any section, subsection, sentence, clause, or phrase
of this chapter be declared invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the chapter in its
entirety or of any part thereof other than that portion declared to
be invalid.