(a)
To obtain a permit to operate a donation box, an applicant must
file an application with the city. A single application may cover
multiple donation boxes that are owned and operated by the applicant.
An application must include the following information:
(1)
The applicant's name, telephone number, mailing address,
electronic mail address, and street address, if different from the
mailing address, and the same information for each landowner and operator,
if different from the applicant. For applicants who are individuals,
a government-issued identification document or similar proof of legal
right to work in the state shall be required. Applicants transacting
business in the state must provide proof of such right to transact
business in the state;
(2)
Proof that the applicant owns the real property upon which the
operator will place the donation box or, if the applicant does not
own the real property upon which the donation box will be placed,
written permission by the landowner or an authorized agent of the
landowner to place the donation box as proposed in the application;
(3)
A site plan or map drawn to scale showing the exact placement
of the donation box on the proposed site;
(4)
A service plan for each donation box. The service plan shall include information regarding which days and the time of day the items will be collected, and other requirements described under section 4.09.061(16) of this code;
(5)
A description of the size, color, and design of the donation
box, and the type of material from which the box is constructed;
(6)
A list of any other donation boxes located on the same property
as the donation box that is the subject of the application;
(7)
Proof of required insurance;
(8)
A declaration of compliance with other laws; and
(9)
Any other information that may be reasonably requested by the
city.
(b)
Any change in the information listed in subsection (a) of this section shall require a supplement to the application, and must be reported by the permit holder to the city within ten days after the change. Failure to supplement the permit application as required by the city invalidates the permit issued under the original application. The city may require a permit holder to reapply for a permit if information provided in the original application changes. The city may promulgate procedures and regulations regarding the requirement to supplement any change in the information listed under subsection (a) of this section.
(c)
A separate permit shall be required for each donation box regardless
of the ownership thereof. Permits issued under the provisions of this
article shall be valid only at the address stated on the permit.
(d)
A nonrefundable annual permit fee of $200.00 for each donation
box shall be required. Each permit shall expire on the one year anniversary
of the date of issuance unless revoked under this article.
(Ordinance 887-2024 adopted 6/27/2024)
(a)
The city shall issue a permit after receipt of a completed application
if all requirements have been met. If not all requirements for issuance
of a permit have been met, the city shall deny the permit application.
The city shall issue notice of the denial to the applicant within
a reasonable time.
(b)
After issuance of a permit, the city shall issue a decal to
the applicant to place on the donation box. This decal shall remain
affixed to the donation box and visible on the outside of the donation
box for the entire duration of the permit. Failure to maintain a visible
decal on a donation box may constitute a violation and invalidation
of a permit issued under this section. It shall be unlawful for a
person, other than an employee of the city authorized to administer
this article, to remove a decal from a donation box.
(Ordinance 887-2024 adopted 6/27/2024)
(a)
Permits and decals are nontransferable.
(b)
The city may revoke a permit for any of the following reasons
without refund of any portion of the required fee:
(1)
The information provided in the application is materially false,
incorrect, or incomplete;
(2)
The permit was issued through error;
(3)
The permit holder has failed to comply with any applicable provision
of this article; or
(4)
The use of the donation box or permit has been discontinued
for a continuous period of 180 days.
(c)
Revocation of a permit for a single donation box does not affect
the validity of permits granted for other donation boxes with the
same landowner or operator.
(d)
In the event that the city determines pursuant to this article
that a permit holder is no longer eligible for a permit, or the city
otherwise revokes the same, the permit holder shall be given notice
in writing of the reasons for the revocation by the city. A permit
holder may appeal the decision of the city regarding the revocation
by filing a written request for a hearing with the city manager within
20 calendar days after he is given notice of the revocation. The permit
holder's written request for a hearing shall set out the grounds
on which the revocation is challenged. The city manager's decision
on the revocation shall be final.
(e)
If a permit is revoked by the city for violation of this article,
it shall not be reissued within the one-year period following the
date that the permit was revoked.
(Ordinance 887-2024 adopted 6/27/2024)
The applicant must agree, as a condition of any permit issued
under this article, to indemnify and hold harmless the city, its officers,
agents, contractors, and employees against any loss, liability or
damage, including expenses and costs for bodily injury and for property
damage sustained by any person, organization or entity resulting from
the applicant's operation of a donation box or resulting from
the city's abatement of a violation or emergency nuisance under
this article.
(Ordinance 887-2024 adopted 6/27/2024)
