For purposes of this chapter:
"Finance department"
means the finance director of the city of Lathrop or designee.
"Operator"
means the property owner who utilizes or maintains unattended donation bin(s) to solicit donations of salvageable personal property.
"Permittee"
means the property owner who is issued a permit authorizing placement of unattended donation bin(s).
"Property owner"
means the person who owns the real property where the unattended donation bin(s) are or are proposed to be located.
"Residential district"
means all residential zoning districts as established pursuant LMC Title 17 Zoning, Section 17.08.010.
"Unattended donation bin"
means any unattended container, receptacle, or similar device that is located on any lot within the city 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 material governed or regulated by the Zoning Code or any unattended donation bin located within a building.
(Ord. 15-353 § 1)
A. 
It is unlawful and a public nuisance for any property owner or other person to place, operate, maintain or allow unattended donation bins on real property unless: (1) the person placing the bin first obtains a permit pursuant to this chapter; and (2) the donation bin is placed, operated and maintained in accordance with all provisions in this chapter.
B. 
The permit application shall be made on a form provided by the city and shall include all of the following information:
1. 
The name, address, email, website (if available) and telephone number of the applicant;
2. 
Written proof sufficient to establish that the operator who will utilize the unattended donation bin is qualified to solicit donations of salvageable personal property pursuant to California Welfare and Institutions Code Section 148.3 as amended;
3. 
The text of disclosures that will be made on the unattended donation bin(s) as required by this section;
4. 
The physical address of the property owner's real property and a drawing sufficient to indicate the proposed locations of the unattended donation bin on the property owner's real property and the size of the proposed unattended donation bin; and
5. 
The written consent of the permittee and owner of the real property on which the bin will be placed.
C. 
Each application shall be accompanied by a nonrefundable fee in the amount established by resolution of the city council. This fee shall be in addition to any fee or tax imposed by the city pursuant to any other provision of this code.
D. 
Applications shall be filed with the city finance department.
E. 
Within 60 days of receiving a completed application, the finance department shall issue a permit or deny the issuance of a permit.
F. 
The finance department shall not issue a permit unless:
1. 
The applicant has submitted a complete and accurate application accompanied by the applicable fee;
2. 
The operator who will utilize the unattended bin is qualified to solicit donations of salvageable personal property pursuant to California Welfare and Institutions Code Section 148.3 as amended;
3. 
The proposed location of the unattended donation bin on the property owner's real property is in compliance with all applicable laws.
G. 
If the finance department denies an application, the finance department shall state, in writing, the specific reasons for denial.
H. 
The term of the permit shall expire one year from the date of issuance.
I. 
No person to whom a permit has been issued shall transfer, assign, or convey such a permit to another person.
J. 
Prior to expiration of the permit, the permittees may voluntarily cancel the permit by notifying the finance department in writing of the intent to cancel the permit. The permit shall become void upon the finance department's receipt of a written notice of intent to cancel the permit.
(Ord. 15-353 § 1)
A. 
A permittee may apply for permit renewal by submitting to the finance department before the expiration of the permit a renewal application and nonrefundable fee in amount set by resolution of the city council.
B. 
The finance department shall either approve or deny the renewal of a permit within 60 days of receipt of the complete renewal application and payment of renewal fee. The failure of the finance department to timely act shall constitute approval of the renewal of permit.
C. 
The finance department shall approve the renewal of a permit if it finds that no circumstances existed during the time of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that are inconsistent with any finding required for approval of a new permit as specified in Section 5.28.020 or that would justify the revocation of the permit as specified in Section 5.28.050.
(Ord. 15-353 § 1)
A. 
A permittee shall operate and maintain or cause to be maintained all unattended donation bins located in the city as follows:
1. 
Unattended donation bins shall be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti;
2. 
Unattended donation bins shall be locked or otherwise secure;
3. 
Unattended donation bins shall conspicuously display both of the following:
a. 
In at least two-inch typeface, the name, address, telephone number, and, if available, the Internet Web address of the owner and operator of the collection box.
b. 
A statement, in at least two-inch typeface, that either reads, "this collection box is owned and operated by a for-profit organization" or "this collection box is owned and operated by a nonprofit organization." For purposes of this chapter, a commercial fundraiser shall be classified as a for-profit organization.
4. 
If the unattended donation bins are owned by a nonprofit organization, the front of the unattended donation bins shall also conspicuously display a statement describing the charitable cause that will benefit from the donations.
5. 
If the unattended donation bins are owned by a for-profit entity, the front of the unattended donation bins shall also conspicuously display a statement that reads "this donation is not tax deductible." If the unattended donation bins are owned and operated by a commercial fundraiser, the commercial fundraiser may post notice of donations to a charitable cause only on the sides of the box. This notice shall always be smaller in size than the for-profit entity's name and address and shall constitute only 25% of the notice space of the box.
6. 
Unattended donation bins shall be serviced and emptied as needed, but at least every 30 days.
B. 
The permittee shall maintain or cause to be maintained the area surrounding the unattended donation bin(s) free or any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation.
C. 
Notwithstanding any other provision of this code, it is unlawful for any person to place an unattended donation bin in any residential district.
D. 
Notwithstanding any other provision of this code, it is unlawful to locate any unattended donation bin less than 400 feet from any other unattended donation bin.
E. 
Notwithstanding any other provision of this code, it is unlawful to locate more than one unattended donation bin on each parcel of real property.
F. 
Notwithstanding any other provision of this code, it is unlawful to locate any unattended donation bin on required parking spaces.
(Ord. 15-353 § 1)
The finance department shall have the right for cause to revoke any permit issued hereunder. Any of the grounds upon which he or she may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this code or other law shall also constitute grounds for revocation of permit. The finance department shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended donation bin shall be removed from the permittee's real property within 30 days and, if not removed within this time period, the city may remove, store and dispose of the unattended bin at the expense of the permittee. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. Any violation of the provisions of this chapter is a public nuisance subject to abatement pursuant to Chapter 8.24.
(Ord. 15-353 § 1)
Any person aggrieved by the decision rendered by the finance department in granting or denying an application for a permit under this chapter or in revoking a permit issued under this chapter may appeal the decision to the city council in accordance with Chapter 1.12. The appeal shall be made by filing a written notice thereof with the city clerk not later than 10 days after receiving notice of decision of the finance department. The city council shall hold a hearing on the appeal and its decision thereon shall be final. Instead of hearing the appeal, the city council may refer the matter to a hearing examiner pursuant to Chapter 1.12. The hearing examiner's decision shall be in writing. The hearing officer's decision shall the effect specified in Section 1.12.340 and judicial review shall be governed by Section 1.12.400.
(Ord. 15-353 § 1)