As used in this chapter, the following terms, words and phrases
have the meanings as defined in this section, unless another meaning
is clearly apparent from the context:
"Attended collection container"
means a collection container that is fully staffed by a person,
organization, or collection center during the period of time that
personal property is being collected.
"Collection container"
means any metal, plastic, cardboard or wooden box, bin, container,
accessory structure or similar container used for soliciting and collecting
donations of salvageable personal property, provided by a person,
organization, or collection center for the primary purpose of receiving
or storing collected items, including household goods, clothing and
other salvageable personal items for distribution or resale by the
operator. A collection container shall not be considered a fixture
or improvement to the lot.
"Operate"
means to place, operate, maintain, own or otherwise control
a collection container.
"Operator"
means any person who operates a collection container in the
city.
"Property owner"
means the owner of the parcel where the collection container
is operated.
(Ord. 18-06 § 2)
No temporary use permit for a collection container shall be
approved unless the following standards are satisfied:
A. Collection
containers shall be located within twenty linear feet of the main
entrance, and shall not project more than four feet from the building.
B. The
dimensions of a collection container shall not exceed eighty-two inches
high, fifty-six inches wide and forty-nine inches deep.
C. No
more than one collection container shall be placed on the same legal
lot.
D. Collection
containers shall not be located within any public right-of-way, emergency
vehicle route, internal drive aisle, parking lot, or pedestrian pathway.
E. No
collection container shall be placed in a manner that: causes a safety
hazard; obstructs the entrance to any building; interferes with, or
impedes the flow of pedestrian or vehicle traffic; or in any other
manner is detrimental to the public health, safety or welfare or causes
a public nuisance.
F. Collection
containers shall not be located on unimproved lots.
G. Collection
containers shall not be constructed of wood, cardboard, plastic, or
any non-metal material.
(Ord. 18-06 § 2)
In addition to the development standards in Section
17.42.060, th
e property owner and operator shall ensure collection containers comply with the following requirements:
A. Collection
containers shall be kept free of structural damage, holes, visible
rust, graffiti, and stickers and shall not be defaced.
B. Collection
containers shall be kept locked or otherwise secured at all times
so that the contents cannot be accessed by anyone other than those
responsible for retrieving the contents deposited in the collection
container.
C. Collection
containers shall be serviced and emptied at a minimum of every seven
calendar days, or more frequently on an as needed basis, to ensure
the collection container and surrounding area is kept free of materials,
debris and donated items.
D. Donated
items must fit entirely within the closed collection container.
E. Donated
items shall consist of textiles, shoes, books and other salvageable
personal items only.
F. Donated
items shall not include items such as, but not limited to, hazardous
materials, universal waste, mattresses, vehicles, food items or appliances.
G. In
accordance with California
Welfare and Institutions Code Section 151,
the front of every collection container shall conspicuously display
all of the following:
1. The
name, address, telephone number, and if available, the internet web
address of the collection container operator.
2. A
statement, in at least two-inch typeface, that either reads, "this
collection container is owned and operated by a for-profit organization"
or "this collection container is owned and operated by a non-profit
organization."
3. If
the collection container operator is a non-profit organization, the
front of the collection container shall also conspicuously display
a statement describing the non-profit cause that will benefit from
the donations.
4. If
the collection container operator is a for-profit entity, the front
of the collection container shall also conspicuously display a statement
that reads "this donation is not tax deductible."
5. Collection
containers and operators shall comply with all other applicable federal,
state and local laws and regulations.
(Ord. 18-06 § 2)
In accordance with
Welfare and Institutions Code Section 152, a collection container in violation of this chapter may be declared a public nuisance and the city may remove and dispose of the collection container following the procedures set forth in Chapter
8.12.
(Ord. 18-06 § 2)
The property owner and operator shall be jointly and severally
liable for violations of this chapter.
(Ord. 18-06 § 2)
Section
17.03.070, pertainin
g to legal nonconforming uses of this code, shall not apply to collection containers. Instead, all operators of collection containers existing on the effective date of the ordinance codified in this chapter shall have ninety days to remove any existing collection containers. If an illegal collection container is located within the city limits ninety days after the effective date of this chapter, the city may remove and dispose of the collection container immediately. If a collection container is removed by the city, the operator shall be charged the actual costs of such removal, plus any applicable administrative or other costs and fees authorized to be collected by the city pursuant to federal, state, or local laws, rules and regulations, including this code. Such charges, costs and fees shall be considered a debt to the city, and payment shall be a prerequisite to the issuance of any permit or other approvals by the city to the extent authorized by federal, state or local laws, rules or regulations.
(Ord. 18-06 § 2)