This chapter shall be known as "Regulation of Unattended Donation Boxes."
(SCC 1467 § 1, 2010)
The County of Sacramento supports charities and their efforts to ensure that all people have adequate resources through donations and other means. However, unattended donation boxes have begun to proliferate in the unincorporated territory of the County, often in unlawful locations, without the approval of property owners, or without clear information about the operator of the boxes or how the collected donations will be used. If not properly maintained and regularly emptied, unattended donation boxes can become nuisances by attracting graffiti, trash, toxic materials, and rodents. Because donation boxes are unattended, the boxes themselves should provide the public with critical information about the operator and how the donations will be used. Unattended donation boxes should be regulated in order to provide the public with information about how their donations will be used, and to ensure the boxes do not become a nuisance.
(SCC 1467 § 1, 2010)
"Department"
means the Department of Neighborhood Services or successor department charged with enforcement of the Sacramento County Nuisance Code.
"Director"
means the Director, or designee, of the Department of Neighborhood Services, or director, or designee, of a successor department charged with enforcement of the Sacramento County Nuisance Code.
"Donation box"
means any unattended container, receptacle, or similar device that is located at or on the exterior property areas of any premises or lot within the County's unincorporated territory and that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable materials such as glass, paper, plastics, or aluminum.
(SCC 1467 § 1, 2010)
a. 
No donation box shall be placed or maintained within the unincorporated territory of the County without the property owner for the parcel first obtaining a permit. A permit may be issued only if the donation box is operated by an organization that is eligible to solicit donations of salvageable personal property pursuant to Welfare and Institutions Code Section 148.3.
b. 
One permit application per parcel shall be completed and filed, listing all donation box locations on the parcel. Application forms shall be available from the Department. A permit application shall contain the following information:
1. 
The name, address, email (if available), website (if available) and telephone number of the operator of the donation box;
2. 
The name, address, email (if available), website (if available) and telephone number of the property owner of the parcel on which each donation box is located;
3. 
The name, address, email (if available), and telephone number of the person who is responsible for maintaining each donation box;
4. 
As precisely as possible, the proposed location of each donation box on the parcel;
5. 
A signed, notarized statement from the property owner of the parcel consenting to the placement of the donation box on the property;
6. 
The manner in which donated items will be used, sold, or disposed of; whether the donated items will be used for charitable purposes and if so, a description of those charitable purposes.
c. 
Permits must be renewed on an annual basis. Renewal shall be sought by the same application and process as an original permit. A new permit shall be required for placement of donation boxes in locations other than those identified and approved in a valid permit. The property owner of the parcel at which a donation box is removed from a permitted location shall notify the Department of removal within 30 days.
d. 
Applications must be filed with the Department. Payment of a permit application fee is required at the time of application. An application is not complete, and will not be considered by the Department, until all information required by this section is furnished and the required fee amount is paid in full. Fees included in this section shall be established by resolution of the Board of Supervisors, and shall be based on the estimated annual costs of administering this chapter. Moneys collected pursuant to this section shall be used to fund the administration of this permit program, including costs associated with the provision and maintenance of public records as required by this chapter.
e. 
Upon receiving a completed application, the Director shall grant or deny the application within 45 days. If no action is taken within 45 days, the application shall be deemed approved in full. Should the Director deny an application or individual donation box location, he or she shall issue a written statement setting forth the reasons for the denial. This statement shall be delivered by regular U.S. mail to the address provided in the application for the property owner and to the address provided for the operator of the donation box.
f. 
The Director must approve a completed application unless:
1. 
The property owner has failed to maintain the parcel subject to application free of any nuisance activity within the last five years; or
2. 
The requested location of a particular donation box poses a threat to public safety, or does not comply with this code, County zoning, or County building regulations.
g. 
An applicant shall have a right to appeal any adverse decision of the Director to the Board of Supervisors by filing a Notice of Appeal with the Clerk of the Board of Supervisors no more than 10 days from the date of the Director's decision. A fee for such an appeal shall be established by resolution of the Board of Supervisors. The Board of Supervisors shall consider the appeal at a regularly scheduled meeting. Notice of the date and time of the hearing shall be provided to the applicant and Director by the Clerk of the Board of Supervisors.
h. 
Fees for the administration of this section shall be set from time to time by resolution of the Board of Supervisors.
(SCC 1467 § 1, 2010)
a. 
All donation boxes located in the unincorporated territory of the County shall:
1. 
Be maintained and in good condition and appearance with no structural damage, holes, visible rust, or graffiti;
2. 
Be locked or otherwise secured;
3. 
Contain the following information in a visible manner on the outside front of each box:
A. 
In two-inch type, the name, address, email, and phone number of the property owner, the charitable organization operating the donation box, and the specific person responsible for maintaining the donation box,
B. 
In two-inch type, a statement that reads "this collection box is owned and operated by a non-profit organization,"
C. 
In one-inch type in an area directly above or below the slot or door in which items are to be deposited, and in contrasting color a statement, consistent with the information provided to the County pursuant to Section 5.70.020, describing the manner in which deposited donations will be used, sold, or disposed of, and the percentage of the total gift or purchase price that may be deducted as a charitable contribution under both Federal and State law;
4. 
Be serviced and emptied at least every seven days;
5. 
Be no more than 82 inches high, 56 inches wide, and 49 inches deep.
b. 
No donation box may be placed or permitted in a location less than 400 feet from any other donation box.
c. 
Failure to maintain a donation box in accordance with this section is a public nuisance.
(SCC 1467 § 1, 2010)
The Department shall maintain, in a manner easily accessible to the public, a copy of all completed applications, and a list of all approved permits, including, but not limited to, the location of all donation boxes subject to approved permits.
(SCC 1467 § 1, 2010)
The Director may enforce this chapter pursuant to Chapter 16.18 of the Sacramento County Code and the liability, penalties, and cost recovery provided for in said chapter shall apply.
(SCC 1467 § 1, 2010)
a. 
The provisions of this chapter shall apply to all unattended donation boxes located within unincorporated territory of the County as of the effective date of the ordinance codified in this chapter. All property owners of parcels on which unattended donation boxes exist as of the effective date of the ordinance codified in this chapter shall have 60 days from that date to file a permit application as provided for in this chapter.
b. 
Any property owner or anyone else aggrieved by the provisions of this chapter may seek an administrative appeal to the Board of Supervisors in the same manner as an applicant may appeal a denial of a permit pursuant to Section 5.70.020. A Notice of Appeal must be filed no later than 10 days from the action giving rise to the grievance; provided, however, that no such appeal is permitted from a decision of the Hearing Officer pursuant to enforcement proceedings brought pursuant to Section 5.70.035.
c. 
Nothing in this chapter is intended to diminish or otherwise alter the requirements of any other Federal, State or municipal law governing regulation of donation boxes.
(SCC 1467 § 1, 2010)
If any provision of this chapter or the application thereof is held invalid by a court, that invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision, and to this end the provisions of this chapter are severable.
(SCC 1467 § 1, 2010)