For purposes of this article the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Any bin, container, building, trailer, or other receptacle
larger than forty-eight (48) inches in depth, forty-eight (48) inches
in width, and seventy-two (72) inches in height that is intended for
use as a collection point for donated clothing or other household
materials.
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.
[Ord. No. 1497-24 adopted 4/22/2024]
The requirements of this article shall apply to all donation
bins regardless of whether said bins were placed prior to the effective
date of this article. 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.
[Ord. No. 1497-24 adopted 4/22/2024]
(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
a 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.
[Ord. No. 1497-24 adopted 4/22/2024]
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 city manager 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.
[Ord. No. 1497-24 adopted 4/22/2024]
(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, at a cost as provided in appendix A. 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)
No fee will be required when the donation bin is placed on the premises
of the same entity it is collecting for.
(e)
Any person denied a permit shall have the right to appeal such action.
[Ord. No. 1497-24 adopted 4/22/2024]
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.
[Ord. No. 1497-24 adopted 4/22/2024]
(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 (1) 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.
[Ord. No. 1497-24 adopted 4/22/2024]
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 (2) notices of violation from the city in the past twelve (12) months shall be subject to impoundment by the city, at a cost as provided in appendix A. 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 fifteen (15) calendar days, it shall be considered abandoned property subject to disposal or sale at the city's sole discretion.
[Ord. No. 1497-24 adopted 4/22/2024]
(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.
[Ord. No. 1497-24 adopted 4/22/2024]
The city manager 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.
[Ord. No. 1497-24 adopted 4/22/2024]
If the city manager 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, within five (5) days after receipt
of notice. The city manager 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 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 shall be final.
[Ord. No. 1497-24 adopted 4/22/2024]
