The purpose of this division is to protect the public health, safety and welfare of the town residents by requiring the registration and permitting of donation boxes on private property within the town limits. This division further serves to protect the aesthetic well-being of the community and promote the tidy and ordered appearance of developed property. 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 town. These provisions are cumulative of all town ordinances.
(Ordinance 19-851 adopted 12/9/19)
The requirements of this division shall apply to all donation boxes regardless of whether said boxes were placed prior to the effective date of these regulations. No previously placed donation boxes shall be granted any legally non-conforming rights under this chapter.
(Ordinance 19-851 adopted 12/9/19)
(a) 
Donation box permit required.
It shall be unlawful for any person to place or maintain, or allow to be placed or maintained, a donation box at any location within the town, without a valid permit issued in accordance with this division. The owner of any donation box already in place at a location in the town at the time this division becomes effective shall submit an application for a donation box permit in accordance with this division no later than 30 days after the effective date of this division.
(b) 
Impoundment.
Any donation box located within the jurisdiction of the town that does not have a current, valid permit shall be subject to impoundment by the town. Any donation box impounded by the town shall be released to the owner upon payment of all applicable impoundment and storage fees. If a donation box is impounded for longer than ten calendar days, it shall be considered abandoned property subject to disposal or sale at the town’s sole discretion.
(c) 
Permissible districts.
Donation boxes shall only be permitted to be placed on real property located within the following zoning use districts in C-1, C-2, C-3, C-4 and light industrial. Donation boxes may also be permitted on real property zoned planned development within the above-referenced underlying zoning use districts. Donation boxes shall not be permitted to be placed on real property located within any other zoning use districts.
(Ordinance 19-851 adopted 12/9/19)
It shall be unlawful for any person that owns, leases, is in control of, or is entitled to possession of real property within the town, to authorize or allow any donation box to be placed on or remain on such real property without a valid permit and permit decal in compliance with the provisions of this article.
(Ordinance 19-851 adopted 12/9/19)
(a) 
Permit and decal required.
A permit and corresponding decal to allow a donation box to be placed and used at a designated location shall be issued by the zoning administrator within sixty (60) days of receipt of a completed application after determining that all the requirements of this section are satisfied.
(b) 
Authorization for use.
A written authorization allowing the donation box on the property shall be required from the real property owner, lessee, or property manager.
(c) 
Requirement to keep clean.
A permit holder shall be responsible for collecting the contents of the donation box to prevent overflow and littering. A permit holder shall keep the real property situated within 25 feet of the location of a donation box clean and free of trash, debris, broken glass, coat hangers, clothes, clothing accessories, or excess donations. A permit holder that fails to maintain the cleanliness of the surrounding real property may receive a notice of violation from the town. If the town elects to send a notice of violation to the email address on file for the permit holder, the permit holder shall have 48 hours to remedy the complaint. Failure to comply with a notice of violation may result in the issuance of a citation by the town. A permit holder who is issued a citation within the one-year term of a donation box permit is subject to revocation of the associated donation box permit.
(d) 
Number of boxes allowed.
No more than one (1) donation box may be permitted for placement on any one lot. In the case of a shopping center or office development that consists of multiple platted lots, the zoning administrator shall treat the shopping center or office development as if it is only one contiguous lot. In the case of a shopping center or office development, the zoning administrator can permit a single additional donation box; provided that neither box is within 50-feet of the other, unless both donation boxes are operated by the same person.
(e) 
Maximum size of the box.
No donation box shall exceed 120 cubic feet in size.
(f) 
Construction material for the box.
Each donation box shall be constructed from metal material to prevent high winds from toppling and/or moving the donation box and to reduce the potential of arson or graffiti.
(g) 
Color of the box.
Each donation box shall be painted one solid color. Trade dress color schemes or corporate logos will be allowed. No fluorescent colors shall be used for a donation box or its associated signage.
(h) 
GPS coordinates.
No donation box shall be permitted without a valid set of GPS coordinates identifying the placement location of the donation box.
(i) 
Placement on site.
No donation box shall be permitted within the row of parking adjacent to street right-of-way unless an existing landscape setback is present in good condition. If there is no existing landscape setback, a donation box shall not be placed less than 40 feet from the adjacent street right-of-way.
(j) 
Notice to donators.
Each donation box shall clearly indicate in writing on the front side of each box that all donations must fit into and be placed within the donation box. The size of lettering for the notice shall not be less than one-half inch in height.
(k) 
Contact information.
The permit holder placing or maintaining the donation box shall display current contact information including street address and phone number on the donation box. Said information must be readable and clearly visible to the public from the front side of the box. The size of lettering for the contact information shall not be less than one-half inch in height.
(Ordinance 19-851 adopted 12/9/19)
(a) 
Contents of application.
Applicants for permits under this division shall file a written, sworn application with the zoning administrator. The application shall include the written authorization of the property owner, lessee, or property manager allowing the donation box on the property. A site plan depicting the exact proposed location (with GPS coordinates indicated) of the donation box shall be submitted with each application.
(b) 
Separate application and permit.
A separate permit and application shall be required for each donation box regardless of the ownership thereof. Permits issued under the provisions of this division shall be valid only at the address and GPS coordinates stated on the permit.
(c) 
Annual permit.
An annual permit fee for each donation box shall be required. All permits shall expire on the one-year anniversary of the date of issuance.
(d) 
Appeal of denial.
Any person denied a permit shall have the right to appeal such action in accordance with the provisions of section 14.03.015 of this code.
(Ordinance 19-851 adopted 12/9/19)
No permit issued under the provisions of this division shall be transferable. The authority a permit confers is conferred only on the permit holder named therein.
(Ordinance 19-851 adopted 12/9/19)
(a) 
Jointly responsible.
The permit holder and the real property owner shall be held jointly and severally liable and responsible for the maintenance, upkeep, and servicing of the donation box and clean up and removal of any donations left on the property outside of the donation box.
(b) 
Abatement.
The town shall have the authority to abate any property in violation of this article that is deemed a public nuisance under the procedures contained in chapter 8 offenses and nuisances of the Code of Ordinance for the town.
(c) 
Integrity of box.
The visual and structural integrity of the donation box must be maintained continuously.
(d) 
Placement of box.
The placement of the donation box shall not impede traffic nor visually impair any motor vehicle operation within a parking lot, driveway or street. The donation box shall not be located in a required landscape or building setback, drainage easement, floodplain, driveway, utility easement or fire lane. The donation box must not be located in, or block public access to, any required off-street parking spaces, access easements, or stacking lanes serving a structure on the property, fire lane, or fire hydrant.
(e) 
Distance from residential district.
No donation box shall be permitted to be placed or remain placed within 200 feet from a residential dwelling use district. Said distance shall be measured from a donation box to a residential lot line.
(f) 
Parking space.
At least one (1) stacking or parking space must be provided for use of persons accessing the donation box.
(g) 
Permit decal.
The current permit decal for the specific donation box must be affixed and displayed at all times on the outside of the donation box on the front side.
(h) 
Collection materials.
The donation box shall only be used for the solicitation and collection of clothing and household items. All donation materials must fit into and be placed inside the donation box. The collection or storage of any materials outside the container is strictly prohibited.
(i) 
Maintenance standards.
The donation box shall be continuously maintained in compliance with all requirements imposed by section 14.10.825, permit requirements.
(Ordinance 19-851 adopted 12/9/19)
(a) 
Grounds.
Any permit issued hereunder may be revoked by the zoning administrator if the permit holder has (1) received a citation for a violation of this chapter or any other provision of this Code of Ordinances within the preceding 12-month time period; or (2) has knowingly made a false material statement in the application; or (3) has otherwise become disqualified for the issuance of a permit under the terms of this division.
(b) 
Notice.
Notice of the revocation shall be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service or by certified United States mail to their last known address. The revocation shall become effective the day following personal service or if mailed, three (3) days from the date of mailing.
(c) 
Appeal; hearing.
The permit holder shall have ten (10) days from the date of such revocation in which to file notice with the zoning administrator of their appeal from the order revoking said permit. The zoning administrator shall provide for a hearing on the appeal in accordance with the provisions of section 14.03.015 of this code.
(d) 
Removal of box; impoundment.
Upon finalization of any revocation, the permit holder shall remove said donation box no later than ten (10) days after said final decision. Upon expiration of this 10-day grace period, the donation box shall acquire noncompliant status and be subject to immediate impoundment without further notice. Any donation box impounded by the town shall be released to the owner upon payment of all applicable impoundment and storage fees. If a donation box is impounded for longer than ten calendar days, it shall be considered abandoned property subject to disposal or sale at the town’s sole discretion.
(e) 
One-year waiting period.
In the event the permit of any permit holder is revoked by the administrator, no second or additional permit shall be issued to such person within one year of the date such permit was revoked.
(Ordinance 19-851 adopted 12/9/19)
All fees established by this division shall be in an amount set by the town council as set forth in the fee schedule located at appendix A of this code.
(Ordinance 19-851 adopted 12/9/19)
(a) 
Upon denial or revocation of a permit for a donation box, the zoning administrator, or his designee, shall notify the applicant or permit holder, in writing, of the reason for which the permit is subject to denial or revocation. The applicant or permit holder shall file a written request for a hearing with the zoning administrator within ten (10) days following service of such notice. If no written request for hearing is filed within ten (10) days, the denial or revocation is sustained.
(b) 
The appeal shall be conducted in accordance with the provisions of section 14.03.015 of this Code.
(c) 
An appeal shall not stay the denial or suspension of the permit unless otherwise directed by the zoning administrator.
(Ordinance 19-851 adopted 12/9/19)
(a) 
All appeals zoning administrator decisions must be made in writing and received by the zoning administrator no less than ten (10) days after any final decision made by the zoning administrator and shall be conducted in accordance with the provisions of section 14.03.015 of this code.
(b) 
The zoning board of adjustment may consider any or all of the following factors when reaching a decision on the merits of the appeal:
(1) 
The number of violations, convictions, or liability findings;
(2) 
The number of previous revocations;
(3) 
The number of repeat violations at the same location;
(4) 
The degree to which previous violations endangered the public health, safety or welfare; or
(5) 
Any pending action or investigation by another agency.
(c) 
An appeal in accordance with the provisions of section 14.03.015 of this code does not stay the effect of a denial or revocation or the use of any enforcement measure unless specifically ordered by the zoning administrator or the zoning board of adjustment.
(Ordinance 19-851 adopted 12/9/19)
(a) 
A person who violates any provision of this division by performing an act prohibited by this division or by failing to perform an act required by this division is guilty of a misdemeanor punishable as provided in section 1.01.002 [1.01.009] of this code.
(b) 
A culpable mental state is not required for the commission of an offense under this division.
(c) 
Nothing in this division shall limit the remedies available to the town in seeking to enforce the provisions of this division.
(d) 
All other legal remedies are reserved by the town if necessary to enforce the provisions of this division. This shall be in addition to, and not in lieu of, the criminal penalties provided for in this division.
(Ordinance 19-851 adopted 12/9/19)