The purpose of this article shall be to provide rules, regulations, and standards for the placement, collection, and use of donation bins and recycling containers in the city in order to promote the public health, safety, morals, and general aesthetics of the city for the citizens and business owners in the city.
(Ordinance 2014-09-005, sec. 2 (34-300), adopted 9/16/14)
For the purpose of this article, the following terms, phrases, and words used herein shall be interpreted to read as follows, and any words not herein defined shall be construed in the context used and by ordinary interpretation, and not as a word of art:
Donation bin (bin)
means any container or receptacle held out to the public as a collection place for people to drop off articles of clothing, shoes, textiles, and other household items.
Nonprofit organization
means an organization that has its 501(c)(3) articles of incorporation on file with the secretary of state as a nonprofit organization or is a bona fide chapter of a state or national nonprofit organization.
Organization
means any person, organization, or corporation that owns the bin and that receives a permit to operate a bin in the city pursuant to this article.
Property owner
means the person or entity having legal title to property and/or the person shown as the owner of the property on the current tax rolls of the city. This term shall include the property owner’s agent, renter, or lessee either of which may have permission from the owner to make decisions concerning the property.
Recycling container
means a trash dumpster structure that collects recycling materials to be recycled instead of refuse or garbage materials.
(Ordinance 2014-09-005, sec. 2 (34-301), adopted 9/16/14)
Any person in violation of any portion of this code and of any other ordinance of the city shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provided in section 1.01.009 of this code per day that said violation exists.
(Ordinance 2014-09-005, sec. 2 (34-306), adopted 9/16/14; Ordinance adopting 2021 Code)
Bin construction shall be of metal, wood, steel, or similar material designed to have four (4) walls, a roof, and a floor, not to exceed the dimension of six feet one inch (6'1") in width or depth, nor shall exceed seven feet (7') in height. Said structure shall be of adequate weight to withstand typical weather conditions as to not be moved within a parking lot by wind. The structure must be built substantially enough as to not pose any public threat, and be painted or finished in a way that consists of a uniform color of earth tones, natural tones, or rust colors as per the zoning ordinance exterior facade requirements.
(Ordinance 2014-09-005, sec. 2 (34-302), adopted 9/16/14)
It shall be unlawful for any person to place a bin within the city limits without first obtaining an annual permit from the permits department as hereinafter provided. Said permit shall be valid for one (1) calendar year or any part thereof with every permit expiring on December 31 of each year. The organization shall provide the following:
(1) 
The organization’s name, business name, business address, and business phone number.
(2) 
The address in which the bin will be located.
(3) 
Proof the organization is a nonprofit organization.
(4) 
State sales tax identification number.
(5) 
Written authorization from the property owner in which the bin will be located.
(6) 
Site plan of the property showing all structures on the property with accurate dimensions and showing where the bin will be located and the size of the bin. Once the site plan is approved, then the bin shall not be moved without written explanation as to the reason for the change and written permission from the permits department. Relocating a bin to a different address shall require a new permit.
(7) 
Annual permit fee as established by the city council.
(Ordinance 2014-09-005, sec. 2 (34-303), adopted 9/16/14; Ordinance adopting 2021 Code)
The following are general requirements of all bins:
(1) 
Bins shall be allowed as an ancillary use in any nonresidential zoning districts, those being LR (Local Retail), GB (General Business), LI (Light Industrial), HI (Heavy Industrial), and PD (Planned Development) by right.
(2) 
The placement of said bins shall be behind the required building line setbacks and shall not impede traffic nor visually impair any motor vehicle drivers from a public street nor shall the bin be located in any required landscape required area. A bin shall not be located within 50 feet of a residentially zoned district.
(3) 
A bin shall not be located in any parking space required to meet the minimum parking requirements for a site and may not be located in any platted or dedicated access easement or fire lane.
(4) 
No more than two (2) bins shall be located in any platted lot and there must be a minimum distance of two hundred (200) feet between bins on adjacent lots.
(5) 
No landscaping, screening fences or walls are required around the bin but aesthetically pleasing site design considerations are encouraged.
(6) 
All signage on each bin shall be in compliance with the city sign ordinance [article 4.07].
(7) 
Each bin shall have a valid organization name and phone number legibly written in two (2) inch letters and numbers so that the general public who wishes may contact said organization at any time.
(8) 
The organization shall employ a staff of full-time paid drivers to collect the contents of the bins. Said bins shall be collected a minimum of four (4) times per week 52 weeks per year. Said driver shall ensure that no accumulation of clothing or other donations, trash or debris, or illegally dumped items are in the area surrounding the bin.
(9) 
The visual aesthetics and structural integrity of the bin shall be maintained continually.
(10) 
The organization shall have twenty-four (24) hours to remove any all [sic] graffiti from the bin once notified by the code enforcement department.
(11) 
The organization shall have forty-eight (48) hours to remove any trash, debris, clothing, or illegal dumping around said bin once notified by the code enforcement department.
(12) 
The organization shall replace any damaged or vandalized bin within five (5) calendar days once notified by the code enforcement department, unless damage is such as to constitute a danger to person or property in which case the bin shall be removed or replaced within twenty-four (24) hours of notification.
(13) 
The organization shall display a legible copy of the permit on the bin at all times.
(Ordinance 2014-09-005, sec. 2 (34-304), adopted 9/16/14)
Recycling containers shall be subject to the same requirements as trash containers as per the city zoning ordinance, which states: “A screening wall consisting of a solid fence having a maximum height of eight (8) feet shall be installed so as to screen trash and recycle container(s) from street right-of-way and/or residential purposes. Said container(s) shall be screened on a minimum of three sides, with the open side oriented so as not to be viewed from a street or residential purpose. Said screening wall shall be sufficient to screen the entire container.”
(Ordinance 2014-09-005, sec. 2 (34-305), adopted 9/16/14; Ordinance adopting 2021 Code)