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)