For purposes of this article, the following words and phrases shall have the following meanings unless the context clearly indicates a different meaning:
Attended donation box.
A donation box where a person is located adjacent to the donation box for the purpose of receiving the personal property delivered to the donation box.
Donation box.
A box, structure, trailer or other container, whether permanently or temporarily affixed to real property, which may or may not be equipped with skids or wheels such that it is movable, the purpose of which is to serve as a collection location of new and/or used personal property to be donated to an charitable organization. The phrase "donation box" includes attended donation boxes and unattended donation boxes.
Unattended donation box.
A donation box where no person is located to receive personal property from those delivering said personal property to the donation box.
(Ordinance 2012-1119 adopted 2/14/12)
It shall be unlawful to locate a donation box within the city without first obtaining a permit from the city.
(Ordinance 2012-1119 adopted 2/14/12)
Prior to placing a donation box on property located within the city, a person shall make application to the city on a form provided by the city and pay an application fee in the amount of $75.00.
(Ordinance 2012-1119 adopted 2/14/12)
Only nonprofit charitable organizations that have obtained a determination letter pursuant to 26 U.S.C. section 501(c)(3) may obtain a permit to locate donation boxes within the city.
(Ordinance 2012-1119 adopted 2/14/12)
The location of donation boxes within the city shall be subject to the following:
(1) 
Donation boxes shall not be located within:
(A) 
Any residential zoning district;
(B) 
Any area of property zoned as a planned development district which is used and developed for residential purposes; or
(C) 
Any area zoned as a planned development district where the use and development regulations expressly prohibit the location of donation boxes.
(2) 
No more than one donation box may be located on a single platted lot or unplatted tract of land.
(3) 
A donation box shall not be located closer than 300 feet from another donation box, even if located on different tracts of land or lots.
(4) 
A donation box shall not be located within 10 feet of the traveled portion of any street, road, or highway.
(5) 
A donation box shall not be located within any building setback.
(6) 
A donation box shall not be located within any right-of-way or easement dedicated to and/or owned by any governmental entity.
(7) 
A donation box shall not be located at any location the city building official determines:
(A) 
May pose a safety hazard to the public;
(B) 
Constitutes an obstruction to traffic entering, exiting, or circulating within the property on which the donation box is located;
(C) 
Constitutes an obstruction to pedestrian traffic using any public sidewalk; or
(D) 
Constitutes an obstruction to the flow of surface water on the property such that surface water will be diverted to other properties or otherwise inhibits or prevents surface water from draining to an existing drainage facility.
(Ordinance 2012-1119 adopted 2/14/12)
The exterior of a donation box shall be subject to the following:
(1) 
A "no dumping" sign and the name, mailing address, and phone number of the party responsible for collection from the donation box must be posted in a conspicuous location on the donation box.
(2) 
Donation boxes must be maintained in good condition and appearance with no structural damage and shall be kept free of graffiti.
(3) 
Donation boxes may not be used as either an on-premises or off-premises sign; provided, however, the donation box may contain on its exterior the name, trademark or other logo, and contact information for the organization receiving the donation of items being placed in the donation box.
(Ordinance 2012-1119 adopted 2/14/12)
The operator of the donation box and the property owner where the donation box is located shall maintain or cause to be maintained the area surrounding the donation box(es) free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation. Any junk, debris or material must be removed not later than twenty-four (24) hours after delivery of notice by the city. The issuance of a permit for the location of a donation box shall not constitute a defense to section 12.05.005 of this code related to personal property located on the exterior of a donation box.
(Ordinance 2012-1119 adopted 2/14/12)
Owners or operators of donation boxes located on property within the city before February 1, 2012, shall obtain a permit pursuant to this article and shall otherwise come into compliance with this article not later than September 1, 2012, subject to the following:
(1) 
Donation boxes located closer than authorized by section 10.06.005(3) prior to February 1, 2012, shall not be required to be moved to comply with section 10.06.005(3).
(2) 
Notwithstanding subsection (1) of this section, a donation box that was located less than 300 feet from another donation box prior to February 1, 2012, that is removed from such location for more than three (3) days must be relocated to a location that complies with section 10.06.005(3).
(Ordinance 2012-1119 adopted 2/14/12)