The purpose of this article is to protect the public health,
safety and welfare of city residents by requiring the permitting,
regulation, and maintenance of donation boxes within the city limits.
This article further serves to protect the aesthetic quality of the
community and promote the tidy and ordered appearance of developed
property by regulating donation boxes and ensuring that material is
not allowed to accumulate outside of donation boxes. The article additionally
serves to ensure that donation boxes do not pose a hazard to pedestrian
and vehicular traffic. The provisions included herein are intended
to provide efficient legal remedies for unpermitted or poorly maintained
donation boxes that threaten the orderly development of the city.
(Ordinance O-13-17 adopted 9/12/17)
As used herein:
Administrator.
The director of the department designated by the city manager
to enforce and administer this article, and includes the director’s
designees.
Donation box.
A box, trailer, receptacle, container, accessory structure
or other similar structure located outside of an enclosed building
in a place accessible to the public and designed or intended for the
collection and temporary storage of donated personal property.
Operator.
Any person who owns, operates or is otherwise in control
of a donation box.
Person.
An individual, partnership, association, firm, company, organization,
corporation, or entity of any kind.
Property owner.
The person or entity that is the owner of the real property
upon which the donation box is located.
(Ordinance O-13-17 adopted 9/12/17)
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a donation box within the city
limits unless they have a current permit for a period of one year
issued under this article by the city upon application filed with
the administrator. The city shall issue a permit to the operator of
a donation box upon payment of the nonrefundable annual permit fee
and submission of an annual permit application establishing that the
donation box is in compliance with all requirements of this article
and not in violation of or conflict with any other law.
(Ordinance O-13-17 adopted 9/12/17)
The nonrefundable annual permit fee is as provided for in the fee schedule found in appendix
A of this code. The fee must be paid at the time of submission of the annual permit application. To the extent that any person may be exempt from paying this annual permit fee pursuant to any other law, that person must still annually apply for and secure a permit.
(Ordinance O-13-17 adopted 9/12/17)
(a) The
operator of a donation box in existence within the city limits at
the time of adoption of this article and the owner of the property
on which the existing box is located shall be given written notice
by the city that they have thirty (30) days to either obtain an annual
permit for the existing donation box or remove the donation box from
the property. The operator of an existing donation box or the owner
of the property on which the box is located may, alternatively, within
this thirty (30) day time period, give the city written permission
to remove and dispose of the existing donation box.
(b) The
notice required by this section shall be mailed to the address of
the property owner listed on the appraisal district records and the
address posted on the donation box, if any. The notice shall also
be posted on the donation box itself. The operator and property owner
shall have thirty (30) days from the day the notice is placed in the
U.S. mail or posted on the box, whichever is later, to obtain a permit
or otherwise comply with the requirements of this article.
(c) If
the city removes and disposes of a donation box under this section,
the property owner and donation box operator shall be responsible,
jointly and severally, for payment to the city for the reasonable
and necessary costs of removal and disposal.
(Ordinance O-13-17 adopted 9/12/17)
An application for a donation box permit under this article
shall be submitted annually upon a form provided by the city and shall
include:
(1) The
address or other identification of the property where the donation
box would be situated;
(2) A
site plan showing where on the property the donation box will be located
and specifically containing:
(A) Location and dimensions of all parcel boundaries;
(B) Location of all buildings;
(C) Proposed donation box location;
(D) Distance between the proposed donation box and parcel lines and buildings;
and
(E) Location and dimensions of all existing and proposed driveways, garages,
carports, parking spaces, maneuvering aisles, pavement and striping/marking.
(3) An
elevation of the donation box showing the appearance, materials, and
dimensions of all sides of the donation box;
(4) A
description and/or diagram of the proposed locking mechanism of the
donation box;
(5) The
name, physical address, mailing address, and telephone number of the
applicant and all owners of the donation box as well as all persons
which may share in or profit from any donations collected via the
donation box;
(6) Written
consent from the property owner to place the donation box on the property;
(7) A
detailed maintenance and collection schedule for the donation box
which collection will include removal of items and debris on and around
the donation box; and
(8) Evidence of compliance with section
6.04.007 of this article.
(Ordinance O-13-17 adopted 9/12/17)
All donation boxes located within the city limits must meet
the following requirements:
(1) A
donation box shall only be placed on a lot which contains a building
that is occupied.
(2) A
donation box shall only be placed on a lot within a retail or commercial
zoning district.
(3) No
more than one (1) donation box may be permitted for placement on any
one (1) lot. In the case of shopping center or office development
that consists of multiple platted lots, the administrator shall treat
the shopping center or office development as if it is one contiguous
lot.
(4) A
donation box shall be located so as not to interfere with visibility
triangles, on-site vehicle or pedestrian circulation, landscaping,
and required parking.
(5) A
donation box shall be placed on a concrete or asphalt surface.
(6) A
donation box shall not be placed in a required building setback, buffer
yard, access easement, drainage easement, floodplain, utility easement
or fire lane.
(7) No
donation box shall be located in or impede access to any required
parking or driveways, pedestrian routes, emergency vehicle routes,
building ingress or egress, required disabled access routes, required
easements, trash enclosure areas or access to trash bins or trash
enclosures, or any place that would impede the functioning of exhaust,
ventilation or fire extinguishing systems.
(8) A
donation box shall not be placed within two hundred (200) feet of
any residentially zoned property, said distance to be measured from
lot line to lot line.
(9) No
donation box shall be located closer than two hundred (200) feet from
any other box even if located on different tracts of land or lots.
(10) At least one (1) parking space shall be required for use of persons
accessing the donation box.
(11) A donation box shall be enclosed by use of a receiving door and locked
so that the contents of the donation box may not be accessed by anyone
other than those responsible for the retrieval of the contents.
(12) A donation box shall not cover a ground surface area of more than
fifty square feet, nor be more than seven (7) feet in height.
(13) Each donation box shall be screened from the nearest public street
or right-of-way. If a donation box is located on a corner of a lot,
then the box shall be screened on a minimum of two sides. Minimum
screening shall consist of a seven (7) foot masonry wall. All screening
shall be constructed to prevent the storage or placement of donations
outside the donation box, with the screening wall itself being no
more than two feet (2') from the screened donation box.
(14) A donation box shall be constructed from metal material and be painted
a solid color. No high-intensity or fluorescent colors shall be used
for the box or associated signage.
(15) Each donation box shall clearly indicate in writing on the side of
each box that all donations must fit into and be placed within the
box.
(Ordinance O-13-17 adopted 9/12/17)
(a) The
operator and the property owner shall be held jointly and severally
liable and responsible for compliance with this section, for the maintenance,
upkeep and servicing of the donation box, and for clean-up and removal
of any donations left on the property outside.
(b) Each
donation box shall be maintained in good working order and free from
graffiti, damaged signs and notifications, peeling paint, rust, and
broken parts or operating mechanisms.
(c) Donation
boxes shall be serviced not less than weekly between 7:00 a.m. and
7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This
service includes the maintenance of the donation box, the removal
of collected material, and the abatement of any graffiti, litter,
or nuisance condition in, on and around the donation box.
(d) The
operator and property owner of each donation box shall ensure that
each box is emptied of its contents periodically, in accordance with
the maintenance and collection schedule submitted with the permit
application for the donation box and more frequently if necessary,
to prevent overflow of donated items into the area surrounding the
donation box. In cases where items are found outside the donation
box, whether on the ground around the donation box or on top of the
donation box, the operator and property owner shall be found to be
in violation of this article.
(e) The
operator and property owner shall maintain, or cause to be maintained,
the area within twenty (20) feet of the donation box free from any
junk, debris, overflow items, dumped materials, or other materials.
The property owner and operator shall be responsible to the extent
provided by law for the city’s cost to abate any nuisance.
(f) The
visual and structural integrity of the donation box must be maintained
continuously.
(g) Each
donation box shall at all times clearly and conspicuously display
on the exterior of the donation box the name, address, and telephone
number of the operator of the donation box and the permit number and
its date of expiration as well as a statement that a copy of the permit
application is on file with the city secretary.
(h) The
operator shall maintain on file with the city an active email address
and a 24-hour telephone service with recording capability for the
public to register complaints.
(i) Any
conditions that are in violation of this section must be remedied
or abated within forty-eight (48) hours of being reported to the operator
or property owner.
(Ordinance O-13-17 adopted 9/12/17)
In addition to any other penalties and remedies available under
local, state, or federal law, the following apply under this article:
(1) The
operator and property owner shall be given written notice of any conditions
constituting a violation of this article. Any conditions that are
in violation of this article and not remedied within forty-eight (48)
hours of receipt of written notice thereof shall result in revocation
of the permit for the donation box at issue.
(2) The
administrator shall have the right to revoke any permit issued hereunder
if any of the grounds upon which the administrator may refuse to issue
a permit is found by the administrator to exist. In addition, the
failure of the operator or property owner to comply with the provisions
of this article or other provisions of this code or other law shall
also constitute grounds for revocation of the permit. The administrator
shall provide written notice to the operator, and property owner stating
the specific grounds for revocation. Upon revocation, the donation
box shall be removed from the property within thirty (30) calendar
days and if not removed within this time period, the city may remove
and dispose of the donation box and the operator and property owner
will be jointly and severally liable for payment to the city of the
reasonable and necessary costs of such removal and disposal. Upon
revocation, the affected operator and property owner shall be prohibited
from applying for a permit for a period of two years.
(3) Any
operator, property owner, or other person violating any provision
of this article shall be punished by a fine not to exceed the sum
of five hundred dollars ($500.00) for each offense. Every day a violation
shall continue shall be deemed to constitute a separate offense.
(Ordinance O-13-17 adopted 9/12/17)