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)
Any donation bin located within the city that does not have
a current, valid permit or any permitted donation bin that has received
more than two notices of violation from the city in the past twelve
(12) months shall be subject to impoundment by the city. 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 twenty dollars ($20.00) per calendar day of storage. If a
donation bin is impounded for longer than fifteen (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)
(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)