A container, trailer, accessory structure or other similar
structure located outside of an enclosed building and located in a
parking lot or other place accessible to the public for the primary
purpose of receiving donated items, but not limited to household goods
and clothing; which are provided by any person, organization, collection
center or other entity to receive donated items.
Any person or organization that collects donated items.
The manager of the code enforcement department or other person
designated by the chief of police.
Public charities or private foundations that are exempt from
federal taxation under regulations administered by the U.S. Department
of Treasury, through the Internal Revenue Service; who have activities
that qualify for 501(c)(3) exemptions purposes such as charitable,
religious, educational, scientific, literary, testing for public safety
and others.
Any person or organization who owns, operates or is otherwise
in control of a donation collection container.
An individual, partnership, association, firm, company, corporation
or organization of any kind.
The person or entity that is the owner of the real property
where the donation collection container is located.
Any person, business entity or corporation that registers
a donation collection container and is issued a permit pursuant to
the provisions of this chapter.
(Ordinance 2053-16 adopted 6/21/16)
(a)
Only
organizations incorporated or established as a not-for-profit organization
under the laws of the state for a charitable purpose and which have
been declared a nonprofit 501(c)(3) organization by the United States
Internal Revenue Service, are permitted to place a donation collection
container. This includes schools and churches.
(b)
Donation
collection container shall only be permitted on a lot or tract that
is owned by a nonprofit 501(c)(3), a church or school. A maximum of
two containers are permitted per lot.
(c)
Donation
collection containers shall only be placed on a lot, which contains
a building that is occupied.
(d)
The
donation collection container(s) shall be located so as not to interfere
with visibility triangles, on-site vehicle or pedestrian circulation,
landscaping, and required parking; and, shall be placed on a concrete
or asphalt surface.
(e)
Donation
collection containers shall be enclosed by use of a receiving door
and locked so that the contents of the bin(s) may not be accessed
by anyone other than those responsible for the retrieval of the contents.
(f)
Each
donation collection container shall not cover a ground surface area
in excess of five feet by five feet, nor more than six feet in height.
(g)
If
the container is located between the building and a street, the container
must be screened on three sides by a masonry wall six feet in height.
The side opposite the street side will be the open side.
(h)
Donation
collection container(s) located between the building and the street
do not need to be screened with a masonry wall.
(i)
The
operator of each donation collection container shall ensure that each
container is emptied periodically of its contents to prevent overflow
into the surrounding area in which the donation collection container
is located. In cases where items are found outside the container,
whether on the ground around the container or on top of the container,
the operator shall be found to be in violation of this article.
(j)
The
operator and property owner shall maintain, or cause to be maintained,
the area immediately surrounding the donation collection box, free
from any junk, debris, overflow items or other materials. The property
owner shall be responsible to the extent provided by law for the city’s
cost to abate any nuisance.
(Ordinance 2053-16 adopted 6/21/16)
(a)
A permit
for each donation collection container shall be required upon a form
provided by the city. The permit shall be issued by the code enforcement
manager, but will only be granted when it is determined by the code
enforcement department that:
(1)
Each donation collection container is for use by a duly registered
nonprofit organization;
(2)
The proper types of donation collection containers are being used
as described by this section;
(3)
The donation collection containers are being placed in a proper location
as described by this article;
(4)
Letter of authority/permission from the owner of the property upon
which the donation collection containers are to be located; and
(5)
Name, address and phone number of the nonprofit organization displayed
of each donation collection container.
(b)
If
any donation collection container is placed without a permit, or if
an inspection reveals that such container is not in compliance with
this section, enforcement and abatement shall take place as generally
provided under this article.
(1)
A permit shall be required for each donation collection container
placed and operated within the city.
(2)
Any qualified person or organization desiring a donation collection
container permit under this article shall file an application with
the code enforcement department on a form furnished by the code enforcement
department.
(3)
The application shall require the following information:
(A)
The applicant’s name, business name and business address.
(B)
Proof of registered 501(c)(3) nonprofit organization, whether the
applicant is an individual, a partnership, a corporation or another
entity, and, if another entity proof of not-for-profit organization
status under the laws of the state for charitable purposes, a full
explanation and description thereof.
(C)
If the applicant is a partnership, the full name and residence address
of each partner.
(D)
If the applicant is a registered 501(c)(3) nonprofit corporation,
the full name and residence address of each officer and each member
for the board of directors, if any. In the case of another form of
legal nonprofit entity, the full name and residence address of each
person owning or having any interest, either legal or equitable, aggregating
in value 10% or more of the total capital of said entity, the name
and address of the registered agent, if any, and the address of the
principal office.
(E)
A description of the donation collection container(s) to be covered
by the permit.
(F)
If the applicant is not the owner of the property upon which the
donation collection container(s) is to be located, the written consent
of the owner of the property shall be attached to the application.
(G)
A copy of a site plan shall be attached to the application showing
donation collection container(s) location.
(4)
The annual fee as provided for in the fee schedule found in the appendix
to this code shall be assessed for each donation collection container
placed within the city. The permit shall expire on December 31st of
each year and a renewal shall be required. Each donation collection
container shall display a current approved sticker provided by city.
(Ordinance 2053-16 adopted 6/21/16)
If a donation collection container is placed without a permit,
or if an inspection reveals that such container is not in compliance
with this article, the operator and/or property owner shall be given
written notice of such violation.
(1)
If
violations are not corrected within the given time frame a citation
may be issued to the operator of the donation collection container
or the property owner for each day it remains in violation.
(2)
If
a registrant receives more than three (3) notices of violation within
one calendar year the permit may be suspended by the manager of code
enforcement.
(3)
If
a registrant receives more than three (3) notices of violation within
one calendar year the renewal of the permit may be refused by the
manager. The manager of code enforcement shall give notice to the
registrant in writing of the refusal of renewal.
(Ordinance 2053-16 adopted 6/21/16)
The operator or property owner may appeal the decision of the
manager of code enforcement if they believe the manager has misinterpreted
any provisions of this article regarding the issuance or denial of
a permit. Such appeal shall be made in writing to the chief of police.
The decision of the chief of police or designee shall be final.
(Ordinance 2053-16 adopted 6/21/16)
