It shall be the purpose of this article to promote the public health, safety, general welfare, and appearance of the city and to minimize the potential for public and private losses by adopting regulations to control the placement and maintenance of unattended donation dumpsters.
(Ordinance 17-802, sec. 1, adopted 5/11/17; 2007 Code, sec. 16-500)
Donation dumpster (UDD)
means a bin, container, or dumpster or similar receptacle or structure that is located outside and that is intended for the collection of donated items and that is unattended.
Residential area
means an area in which the principal land use is for one or more private residences including single-family homes, duplexes and apartment complexes or as defined by section 9.04.001.
Unattended
means without an attendant on duty and on the premises at all times.
Unattended donation dumpster operator (UDD operator)
means any company, organization or person that owns and/or operates one or more UDDs in the city.
(Ordinance 17-802, sec. 1, adopted 5/11/17; 2007 Code, sec. 16-501)
(a) 
Required.
A UDD operator shall obtain a permit from the city to place a UDD within the city limits. Each UDD shall require a separate and individual permit. No permit shall be issued until the applicable UDD permit fee has been paid and the permit application is approved by the city manager or his or her designee.
(b) 
Term and scope.
A permit issued for a UDD under this article:
(1) 
Is an annual permit that expires December 31st of each year unless it is suspended or canceled earlier;
(2) 
Is effective for a single location only;
(3) 
Vests no property right in the permittee except to place and maintain a donation bin in accordance with the terms and conditions of this article;
(4) 
Shall automatically expire if the permittee removes the donation bin from its permitted location or should the property owner request that the donation bin be removed from the property; and
(5) 
Is not assignable or transferable.
(c) 
Fee.
A UDD operator shall submit with the permit application a fee as currently established or as hereafter adopted by resolution of the city council from time to time. The city shall not refund any portion of a permit fee after the permit is issued or rejected nor shall it prorate or reduce any fee due to the city.
(d) 
Application.
The permit application for a donation bin shall include:
(1) 
The UDD operator’s name, local address and phone number, website and name of the responsible party, and the e-mail address of the responsible party.
(2) 
Location address, name of business (if applicable), location/business primary contact and site map of the proposed location of the donation bin.
(3) 
Signed affidavit acknowledging that a city UDD permit does not entitle the UDD operator to place a UDD on private or public property without notarized written consent of the property owner, a copy of which shall be provided to the city.
(e) 
Grounds for denial.
The city shall refuse to approve issuance or renewal of a permit for one or more of the following reasons:
(1) 
Any failure to provide the information required by this article;
(2) 
A determination by the city that inaccurate, erroneous or incomplete information has been submitted;
(3) 
A false statement as to a material matter made in an application for a permit;
(4) 
Revocation of a permit, pursuant to this article, of the UDD operator within two years preceding the filing of the application;
(5) 
Refusal or failure to pay the correct permit fee amount.
(Ordinance 17-802, sec. 1, adopted 5/11/17; 2007 Code, sec. 16-502)
The following regulations shall apply to all UDDs located within the city limits:
(1) 
Under no circumstances shall more than one UDD be located on a single parcel of private or public property.
(2) 
The location of a UDD in a parking lot shall not reduce the number of off-street parking spaces below the minimum required for the particular use of that property as set forth in section 9.02.029.
(3) 
The UDD shall not be located within a residential area.
(4) 
The UDD shall not cause a visual obstruction to vehicular or pedestrian traffic.
(5) 
The UDD shall not exceed six feet in height, six feet in width, and six feet in depth, or otherwise exceed 36 square feet in area or 216 cubic feet in volume.
(6) 
The UDD shall maintain all applicable setback restrictions as set forth in section 4.03.002 and section 9.02.023.
(7) 
The UDD shall not cause safety hazards with regard to a designated fire lane or building exit.
(8) 
The UDD shall not interfere with an access drive, off-street parking lot maneuvering area and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic.
(9) 
The UDD shall be constructed of an appropriate material as approved by the chief building official or their designee, and shall further be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti.
(10) 
The UDD shall be constructed and secured as to not be accessed by anyone other than those responsible for the retrieval of the contents.
(11) 
The UDD shall contain upon the front side of the bin the name, phone number and website of the UDD operator.
(12) 
The UDD shall be serviced and emptied as needed, but no less than once every seven days.
(13) 
The UDD operator shall maintain, or cause to be maintained, a ten-foot radius area surrounding the UDD free from any junk, debris or other material. The UDD operator shall have 24 hours from the time they receive notice from the city to remove any junk, debris or other material from and around the UDD. If junk, debris or other material is not removed within 24 hours, the city reserves the right to mitigate or otherwise cause for the removal of junk, debris, or other material at the UDD operator’s expense.
(14) 
The UDD operator shall be responsible to the extent provided by law for the city’s cost to abate any unmitigated violation.
(15) 
A UDD operator maintaining an existing UDD(s) located within the city limits as of June 1, 2017 shall have 90 days from the effective date of this article to obtain a UDD permit and be in full compliance of this article.
(Ordinance 17-802, sec. 1, adopted 5/11/17; 2007 Code, sec. 16-503)
Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with section 1.01.009. Each day of violation shall constitute a separate offense.
(Ordinance 17-802, sec. 1, adopted 5/11/17; 2007 Code, sec. 16-504)