For purposes of this chapter, the following definitions shall
apply:
"Collection container"
means a drop-off box, bin, container, receptacle, trailer,
or similar facility that accepts textiles, shoes, books, and/or other
salvageable items of personal property.
"Collection container permit"
means a City permit to erect, place, operate, maintain, or
allow a collection container on any parcel of real property within
the City pursuant to the terms and conditions of this chapter and
the conditions of approval for the permit.
"Collection container permittee"
means an applicant who has applied for and has been issued
a collection container permit by the City pursuant to the terms and
conditions of this chapter.
"Operator"
means a person who erects, places, operates, maintains, or
allows, a collection container in the City in compliance with all
provisions of this chapter and all applicable State and local laws.
An operator may also be the owner of the parcel of real property upon
which a collection container is erected, placed, operated, maintained,
or allowed.
(Ord. 18-04, § 2)
It is unlawful to erect, place, operate, maintain, or allow
a collection container on any parcel of real property unless the property
owner and operator of the collection container obtain a collection
container permit as provided in this chapter.
(Ord. 18-04, § 2)
Collection container permittees shall comply with the following
restrictions:
A. No person
or entity of any kind shall erect, place, operate, maintain, or allow
a collection container on any parcel of real property within City
limits without a collection container permit.
B. No collection
container shall be located within 500 feet of any other collection
container and no more than one collection container shall be located
on any parcel of real property.
C. Collection
containers shall not be located in any residentially-zoned district
and shall not be located within 250 feet of a residentially-zoned
parcel, as measured from the closest parcel line to the collection
container.
D. No collection
container shall be located on or within the public right-of-way or
areas designated for landscaping, and shall not block or impede vehicle
or pedestrian traffic flow or obstruct vehicle or pedestrian line-of-sight
at any intersection.
E. No collection
container shall be located in, block, or impede access to any required
parking driveway areas, pedestrian routes, emergency vehicle routes,
building ingress or egress, required disabled access routes, required
easements, trash enclosure areas, or any place that would impede the
functioning or exhaust, ventilation, or fire extinguishing systems.
F. No collection
container shall cause any safety hazard with regard to designated
fire lanes or buildings exits.
G. No collection
container shall reduce the number of parking spaces below the required
minimum number and shall not be located within the designated landscape
or building setback area of any parcel.
H. Each
collection container shall be constructed of durable and waterproof
materials, such as metal, that are approved by the Community Development
Director.
I. Each
collection container shall be placed on ground that is paved.
J. No collection
container shall be electrically or hydraulically powered or otherwise
mechanized, or be considered a fixture of the site or an improvement
to real property.
K. Each
collection container shall be constructed to ensure it is not accessible
by anyone other than those responsible for the retrieval of the contents
therein.
L. Collection
containers shall not exceed seven feet in height when measured from
the ground to the top of the collection container and shall not occupy
an area of more than 200 square feet.
M. Collection
containers shall have the following information conspicuously displayed
on the front of the collection container:
1. The
name, address, 24-hour telephone number, and (if available) the Internet
web address and email address of both the owner of the collection
container and the owner or agent of the owner of the parcel of real
property on which the collection container is located;
2. The
type of material that may be deposited in the collection container;
3. A
notice stating that no material shall be left outside the collection
container.
N. No overflow
collection items, litter, debris, or dumped materials shall be allowed
to accumulate within 10 feet of any collection container.
O. Collection
containers shall be properly maintained and kept in good working order,
and free from graffiti, removed or damaged signs and notifications,
peeling paint, rust, and broken collection operating mechanisms.
P. Collection
containers shall be serviced at least once per week. This servicing
includes maintenance of the collection container, the removal of collected
material, and abatement of any graffiti, litter, or nuisance condition
as defined in the Walnut City Code.
Q. Any
conditions regarding collection containers that are in violation of
this chapter must be remedied or abated within 48 hours of being reported
to the operator or property owner.
R. Collection
containers cannot be used for the collection of solid waste and/or
hazardous materials.
(Ord. 18-04, § 2)
An applicant seeking a collection container permit from the
City must file an application with the City upon a form provided by
the City. An application for a collection container permit shall include
the following information:
A. The
signatures of both the operator of the collection container and the
owner of the parcel of real property on which the collection container
is to be located, acknowledging they will be equally responsible for
compliance with all applicable laws and conditions related to the
collection container for which they are seeking approval.
B. A non-refundable
application fee pursuant to the adopted Planning, Environmental, Subdivision,
and Code Enforcement Fee Schedule.
C. The
name, address, email, Internet web address (if available), and telephone
number of both the operator of the collection container and the owner
of the parcel of real property on which the collection container is
to be located, including 24-hour contact information.
D. A vicinity
map showing the proposed location of the collection container and
the distance between the site and all existing collection containers
within 500 feet of the proposed location for the collection container.
F. Information
concerning the appearance, materials, and dimensions of the collection
container, including the information required in this chapter to be
placed on the collection container and notice sign.
G. Any
other information regarding the time, place, and manner of the collection
container’s operation, placement, and maintenance that is reasonably
necessary to evaluate the application proposal’s consistency
with requirements of this chapter, as determined by the Community
Development Director.
The Community Development Director shall be responsible for
deciding whether a collection container permit should be issued.
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(Ord. 18-04, § 2)
Collection containers that satisfy the following standards are
exempt from the permit requirements of this chapter:
A. Collection
containers that are located within a fully enclosed and lawfully constructed
and permitted building or otherwise cannot be seen from outside the
boundaries of the property on which the collection containers are
located, provided that such collection containers satisfy the operation
requirements set forth in this chapter.
B. Recycling
containers that are in compliance with the Walnut City Code and State
law.
C. Storage
containers that are in compliance with the Walnut City Code and State
law.
(Ord. 18-04, § 2)