Donation Box Registration
Annual registration can be completed on the portal.
As used in this chapter, "donation box" means a receptacle designed with a door, slot or other opening that is intended to accept and store donated personal property including clothing or household items. Donation boxes shall not include trailers or other receptacles where persons are present to accept donations at all times that the trailer or other receptacle is present and are accepting donated items; or receptacles located outside commercial stores at which donated goods are accepted or resold as the primary function of the business. (Ord. 2020-13. Passed 3-23-20.)
731.02 REGULATION OF DONATION BOXES.
No owner, tenant or occupant shall place or maintain or permit to be placed or maintained at or on the owner's tenant's or occupant's premises in the City any donation box except after the following criteria have been met:
(a) Eligibility. The Building Commissioner shall not issue an annual permit to any donation box owner who or which is not a tax-exempt organization under the International Revenue Code, does not maintain a donation box in accordance with the standards established in this chapter, or has had its permit revoked within the past twelve months.
(b) Application. The Building Commissioner shall not issue an annual permit to any donation box owner unless the donation box owner has filed an application with the City that includes all of the following:
(1) The location of any donation box proposed to be placed by the applicant in the City, including a site plan drawing showing the location of each donation box to be placed; (2) The name, address, phone, fax and email contact information of the property owner, tenant or occupant upon whose property a donation box would be placed, along with written authorization of the owner of the property for the placement of the donation box; (3) The name, address, phone, fax and email contact information of the donation box owner; (4) The name, address, phone, fax and email contact information of a person primarily responsible for placing, emptying, servicing, maintaining and removing the donation box to be placed; and the interval of time within which the person will regularly empty, service and maintain the donation box;(5) The payment of an application fee, per donation box to be placed, established by Council.
A permit is valid from the date of issuance through December 31 of each year, is not transferable, and does not automatically renew.
(c) Conformity with Other Code. The Building Commissioner shall not issue a permit unless he or she finds that no provision of Parts Eleven and Thirteen of the Codified Ordinances, including use restrictions, setback requirements and off-street parking requirements, would be violated by the placement of a donation box.
(d) Use Regulations.
(1) No person shall place or maintain or permit to be placed or maintained a donation box in any location that unreasonably obstructs sight lines of vehicular traffic. (2) A donation box shall not exceed seventy-eight inches in height (measured from grade), sixty inches in width and sixty inches in depth. (3) Every donation box shall be maintained in a neat and clean condition and in good repair at all times. Every donation box shall be serviced and maintained so that it is free of rust, corrosion, dirt, grease, chipped, fading, peeling or cracked paint, cracks, dents, blemishes and discoloration. (4) Every donation box shall be emptied regularly and, in any event, not more than forty-eight hours after the City's notification to the donation box owner, or the property owner, tenant or occupant, that the donation box is full. The area around each donation box shall be cleared of donated items at the same time, notwithstanding whether these items are considered litter. (5) Every donation box shall clearly bear the name, address and phone number of the donation box owner, as well as a notice, in bold-faced text that must be clearly legible to a donor of property, reading as follows: "Placing donated items outside this box is prohibited and is punishable as littering (Codified Ordinance Section 521.08)". (6) No more than one donation box shall be permitted on any single parcel of property. (7) Any donation box placed or maintained in the City that is not permitted by the City, and any donated items left outside a donation box, shall be subject to impoundment by the City. If impounded, a donation box and donated items may be released to the owner upon the payment of an impound fee established by Council. If impounded for more than thirty days, a donation box and donated items may be sold for scrap or otherwise disposed of by the City. (8) The permit issued for any donation box may be revoked, after reasonable notice is attempted to be given to the donation box owner, if the donation box is placed or maintained in violation of this chapter. (Ord. 2020-13. Passed 3-23-20.)
Any person affected by a decision of the Building Commissioner under this chapter may appeal from that decision to the Board of Zoning Appeals within ten days of receiving notice of the decision. An appeal shall not act as an automatic stay of the decision from which appeal has been made. (Ord. 2020-13. Passed 3-23-20.)
Whoever violates any provision of this chapter is guilty of a minor misdemeanor for a first offense, and for a second or subsequent offense, shall be guilty of a misdemeanor of the fourth degree. (Ord. 2020-13. Passed 3-23-20.)