For purposes of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Donation bin.
Any bin, container, building, trailer, or other receptacle equal to or larger than forty-five (45) cubic feet that is intended for use as a collection point for donated clothing or other household materials.
Person.
An individual, sole proprietorship, corporation, association, nonprofit corporation, partnership, joint venture, a limited liability company, estate, trust, public or private organization, or any other legal entity.
(Ordinance 2023-22 adopted 11/7/2023)
The requirements of this article shall apply to all donation bins regardless of whether said bins were placed prior to the effective date of these regulations. No previously placed donation bins shall be granted any legally nonconforming rights under this article or any other article of this code. Only warning citations may be issued for the first thirty (30) days following the effective date of this article so that an educational effort by the city may be conducted to inform the public about the importance and requirements of this article.
(Ordinance 2023-22 adopted 11/7/2023)
(a) 
It shall be unlawful for any person to place or maintain, or allow to be placed or maintained, any donation bin within the city limits without having first secured and affixed to the donation bin a permit and decal in compliance with the provisions of this article. Obtaining the permit shall be a condition precedent to placing or maintaining the donation bin.
(b) 
It shall be unlawful for any person that owns, leases, is in control of, or is entitled to possession of real property within the jurisdiction of the city to authorize or allow any donation bin to be placed on or remain on such real property without a valid permit decal in compliance with the provisions of this article.
(Ordinance 2023-22 adopted 11/7/2023)
A permit and decal to allow a donation bin to be placed and used on designated real property shall be issued by the city after inspection and verification that all the following conditions are satisfied:
(1) 
The real property owner provides written authorization, with the signature notarized, allowing the donation bin on the property.
(2) 
The permit holder agrees to be responsible for collecting the contents of the donation bin in order to prevent overflow and littering.
(3) 
No more than one (1) donation bin may be permitted for placement on any one lot. In the case of a shopping center or office development that consists of multiple platted lots, the administrator shall treat the shopping center or office development as if it is only one contiguous lot.
(4) 
The base area of a donation bin shall not exceed twenty-five (25) square feet in size.
(5) 
Each donation bin shall clearly indicate in writing on the side of each bin that all donations must fit into and be placed within the donation bin.
(6) 
The permit holder placing or maintaining the donation bin shall display current contact information including street address and phone number on the donation bin. Said information must be readable and clearly visible to the public.
(7) 
Each donation bin shall be constructed from a sturdy, weather-resistant material.
(8) 
Each donation bin shall be painted one solid color. No fluorescent colors shall be used for the donation bin or associated signage.
(Ordinance 2023-22 adopted 11/7/2023)
(a) 
Applicants for permits under this article shall file a written, sworn application with the city. The application shall include the written authorization of the property owner allowing the donation bin on the property.
(b) 
A separate permit and application shall be required for each donation bin regardless of ownership. Permits issued under the provisions of this article shall be valid only at the address stated on the permit.
(c) 
An annual permit fee for each donation bin shall be required. All permits shall expire on December 31st of each calendar year regardless of the date of issuance; provided, however, that the fee for each permit shall be prorated for each month for which the permit is issued.
(d) 
Any person denied a permit shall have the right to appeal such action.
(Ordinance 2023-22 adopted 11/7/2023)
No permit issued under the provisions of this article shall be transferrable and the authority a permit confers shall be conferred only on the permit holder named therein.
(Ordinance 2023-22 adopted 11/7/2023)
(a) 
Donation bins shall only be permitted to be placed on real property in any zoning district on which a parking lot is maintained by a business that is in operation. Only one donation bin will be allowed on a shared parking lot. The donation bin shall not be located in a required building setback, buffer yard, access easement, drainage easement, floodplain, driveway, utility easement, or fire lane.
(b) 
The placement of the donation bin shall not impede traffic nor visually impair any motor vehicle operation within a parking lot, driveway, or street.
(c) 
At least one stacking or parking space shall be required for use of persons accessing the donation bin.
(d) 
The donation bin may not block or occupy any number of parking spaces required by the primary use structure.
(e) 
No donation bin shall be permitted to be placed or remain placed within two hundred (200) feet from a residential zoning district, or residential use. The distance shall be measured from the donation bin to the lot line of the residential use or residentially zoned property.
(Ordinance 2023-22 adopted 11/7/2023)
(a) 
Any donation bin located within the city that does not have a current, valid permit shall be subject to impoundment by the city without prior notice. Any permitted donation bin that has received two or more notices of violation from the city in the past 12 months shall be subject to impoundment by the city.
(b) 
Any donation bin impounded by the city will be released to the owner upon payment of all actual costs incurred by the city for the impoundment and storage fees of $20.00 per calendar day of storage. If a donation bin is impounded for longer than 15 calendar days, it shall be considered abandoned property subject to disposal or sale at the city's sole discretion.
(Ordinance 2023-22 adopted 11/7/2023; Ordinance 2025-05 adopted 3/4/2025)
(a) 
The permit holder and the property owner shall be held jointly and severally liable and responsible for the maintenance, upkeep, and servicing of the donation bin and clean up and removal of any donations left on the property outside of the donation bin. Any maintenance, service or cleanup associated with a donation bin shall be completed within forty-eight (48) hours of notification by the city.
(b) 
The city shall have the authority to abate any property in violation of this article that is deemed a public nuisance under any other provisions of this code.
(c) 
The visual and structural integrity of the donation bin must be maintained continuously.
(d) 
The donation bin shall only be used for the solicitation and collection of clothing and household materials. All donation materials must fit into and be placed inside the donation bin. The collection or storage of any materials outside the container is strictly prohibited.
(e) 
The donation bin shall be continuously maintained in compliance with all requirements imposed by section 6.09.004 as amended.
(Ordinance 2023-22 adopted 11/7/2023)
The city manager or his/her designee shall revoke a donation bin permit if the manager determines that the permit holder has:
(1) 
Given false or inaccurate information on the application for a donation bin permit or in a hearing concerning the donation bin permit; or
(2) 
Violated the provisions of this article.
(Ordinance 2023-22 adopted 11/7/2023)
If the city manager or his/her designee denies or revokes a donation bin permit, the city shall give notice by personal service or by certified mail, return receipt requested, to the applicant or permit holder. The applicant or permit holder may appeal the decision to deny or revoke by filing written notice with the city Manager or his/her designee, within five (5) days after receipt of notice. The city Manager or his/her designee shall mail, or cause to be personally delivered, written notice of the time and place of the hearing to the person appealing. The notice shall be mailed to the address specified in the notice of appeal form. The city manager or his/her designee shall conduct a hearing and shall decide on the basis of a preponderance of the evidence presented at the hearing. The decision of the city manager or his/her designee shall be final.
(Ordinance 2023-22 adopted 11/7/2023)