Collection boxes located outside of enclosed buildings shall be located, developed, and operated in compliance with the standards of this section.
(A) Intent. The intent of this section is to impose restrictions and conditions on all collection boxes in the city so that they are, and remain, clean, safe and do not create hazards to pedestrians and to vehicular traffic.
(B) Collection box permit. No person shall place, operate, maintain or allow any collection box on any real property within the city without first obtaining an annual permit issued by the Community Development Department. Placement, operation, maintenance, or use of a collection box without a valid permit, or in a manner not consistent with the requirements for such permit, shall be a violation of this section, shall constitute a public nuisance, and shall be subject to the penalties and remedies provided for in this code.
(C) Application for a permit.
(1) Any person desiring to secure a permit shall make an application to the Community Development Department.
(2) A permit shall be obtained for each collection box proposed to be located within the city.
(3) The application for a permit shall be upon a form provided by the Department and be signed by an individual who is an officer, director, member or manager of an entity applicant. The applicant shall submit the following:
(a) The name, address, email and telephone number of a contact person for all matters relating to the collection box.
(b) The physical address of the real property where the collection box is proposed to be located.
(c) A scaled drawing sufficient to illustrate the proposed location of the collection box on the real property, the dimensions of the proposed collection box and that the location complies with the requirements of this section.
(d) If not the owner of the real property, an affidavit from the property owner or property manager providing written permission to place the collection box on the property, as well as an acknowledgment from the property owner or property manager of receipt of a copy of Ordinance 4823 shall be provided on a form provided by the Director. For purposes of this section, the affidavit and acknowledgment may be executed by an individual who is an officer, director, member or manager of an entity owning the property.
(e) A nonrefundable fee in an amount established by resolution of City Council.
(f) Proof of general liability insurance no less than $1,000,000 per occurrence.
(4) Within 20 days of receiving an application for a permit, the Director shall notify the applicant whether the permit is granted or denied. The
Director shall grant a permit if the application is complete and contains no false information, the fee has been paid and the collection box and its proposed location as described in the application meets the requirements of this section. If the Director denies an application, the Director shall state in writing the specific reasons for denial.
(5) No person to whom a permit has been issued shall transfer, assign or convey such permit to another person or legal entity.
(D) Requirements for a permit. A permittee shall operate and maintain, or cause to be operated and maintained, all collection boxes located in the city for which the permittee has been granted a permit as follows:
(1) Collection boxes shall be metal and be maintained in good condition and appearance with no structural damage, holes, peeling paint, or visible rust and shall be free of graffiti.
(2) Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.
(3) Collection boxes shall be equipped with a safety chute to limit the public's access to the box.
(4) Collection boxes shall display the name, address, email, website, and phone number of the operator and any other information as required by applicable law, including but not limited to the California Welfare and Institutions Code in a minimum one-half inch type viewable on the front of the collection box and a valid annual permit sticker issued by the city shall be displayed adjacent to such information.
(5) Collection boxes shall be serviced and emptied as needed, but no less frequently than once per week.
(6) The permittee and property owner shall maintain, or cause to be maintained, the area surrounding the collection boxes, free from any junk, debris or other material. The property owner shall be responsible to the extent provided by law for the city's cost to abate any nuisance, in accordance with Chapter 6.27 of the Municipal Code.
(7) Collection boxes shall:
(a) Not be permitted on any land zoned or used for residential purposes;
(b) Not be permitted on any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than 30 days;
(c) Not be less than 1,000 feet from another collection box as measured along a straight line from one box to the other. No more than two collection boxes may be located within the same shopping center from the same collection box owner or operator;
(d) Not exceed seven feet in height, six feet in width and six feet in depth;
(e) Not cause a visual obstruction to vehicular or pedestrian traffic;
(f) Not be placed closer than ten feet from:
1. A public or private sidewalk except that this provision does not apply to a private sidewalk as long as the private sidewalk maintains a five-foot clearance;
2. A public right-of-way;
3. A driveway; or
4. A side or rear property line of adjacent property zoned or used for residential purposes;
(g) Not cause safety hazards with regard to a designated fire lane or building exit;
(h) Not interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic or encroach upon an access drive, off-street parking lot maneuvering lane and/or required off-street parking space; and
(i) Be placed on a level, hard (asphalt or concrete pavers) paved, dust-free surface.
(E) Term of permit and renewal of permit.
(1) The permit year shall begin on February 1 in each year and shall terminate on January 31 of the following calendar year. A biennial permit issued between January 1 and January 31 of any year shall expire on January 31 of the calendar year two years following issuance thereof.
(2) A collection box permit shall be renewed biennially. The application for renewal must be filed not later than 30 days before the permit expires, otherwise a new permit application must be submitted. The application for renewal shall be upon a form provided by the Director.
(3) The Director shall either approve or deny the renewal of a permit within 20 days of receipt of the complete renewal application and payment of the renewal fee. The Director shall grant a permit if the application is complete and contains no false information, the fee has been paid and the collection box and its proposed location as described in the application meets the requirements of this section; provided, however, that the Director may also deny an application for renewal if the applicant is in violation of this section. If the Director denies an application, the Director shall state in writing the specific reasons for denial. Failure of the Director to act upon a permit application within 20 days shall be deemed approval of the permit renewal.
(4) A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.
(5) Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Director in writing of the intent to cancel the permit. The permit shall become void upon the Director's receipt of a written notice of intent to cancel the permit.
(6) The Director shall approve the renewal of a permit if the Director finds that no circumstances existed during the term of the permit which would cause a violation of this section to exist, and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.
(7) If the permit expires and is not renewed, the collection box must be removed from the real property within a maximum of ten days after expiration of the permit.
(F) Revocation of permit, removal of collection boxes, and liability.
(1) The Director shall have the right to revoke any permit issued hereunder for a violation of this section. Any of the grounds upon which the Director may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this section or other provisions of this code or other law shall also constitute grounds for revocation of the permit. The Director shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be
revoked by the Director and, thereafter, the permittee shall not be eligible for a permit on the property for the subsequent calendar year.
(a) A permit for a collection box may be revoked if any governmental authority or agency determines that the collection box has violated the California Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.
(2) Upon revocation, or if appealed, at the conclusion of the appeal, the collection box shall be removed from the real property within ten days and, if not so removed within the time period, the city may remove, store or dispose of the collection box at the expense of the permittee and/or real property owner. All costs associated with the removal of the collection box incurred by the city, or the city's contractor, shall be the responsibility of the property owner. Costs may be pursued by the city pursuant to Chapter 6.27 of the Municipal Code.
(G) Penalty and remedies.
(1) In addition to revocation of permit, any person violating the provisions of this section may be subject to the issuance of administrative citations, criminal prosecution, or nuisance abatement, as described in this code.
(2) In addition to the penalty provided above, any condition caused or permitted to exist in violation of the provisions of this section, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.
(3) Nothing in this section shall prevent the city from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this section.
(4) The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.
(5) All collection boxes existing at the effective date of Ordinance 4823 and in compliance with prior existing ordinances shall be deemed legal nonconforming uses, but shall nevertheless obtain a collection box permit and shall conform to all requirements of this section to the extent possible in their present location. Any collection boxes without a collection box permit shall be subject to all remedies for violation as provided in this section.
(Ord. 4823, passed 1-22-24)