(a) Unless otherwise exempt, it shall be unlawful and a public nuisance for any property owner or operator to place, operate, maintain or allow unattended outdoor donation bins unless the Site Host first obtains a permit pursuant to this chapter and the donation bin is placed, operated and maintained in accordance with all provisions of this chapter.
(b) An application for a permit shall be filed with the City Building Department annually. The application for a permit shall include the following:
(1) A permit fee as follows:
A. Initial Application (one-year period, per bin): $100
B. Renewal Application (one year period per bin): $100
(c) An affidavit stating the following:
(1) The precise location where the bin will be situated, including a description of the business or enterprise being conducted on the property;
(2) The name, location and telephone number of the bona fide office of the charitable organization which has custody of the donation bin and the name of the person authorized by said organization to assure compliance with this ordinance and the phone number, physical address and e-mail address, where such person can be reached during normal business hours. For the purposes of this chapter, an answering machine or service unrelated to the person or entity does not constitute a bona fide office;
(3) The name, phone number and e-mail address of a contact person responsible for the placement, emptying, maintenance and removal of the bin;
(4) Written consent from the property owner to place the bin on the subject property. The written consent shall acknowledge that the City may hold both the property owner and the charitable organization liable for violations of this chapter;
(5) The articles of incorporation of any corporation, the names of the officers of the corporation and the name and physical address of the statutory agent, for purposes of service; and
(6) A statement of the manner in which the application anticipates any donations collected via the bin would be used, sold or disbursed, and the method by which the proceeds of collected donations would be allocated or spent.
(d) The permit application shall be made on a form provided by the Director and shall include the following information:
(1) The name, address, email, website (if available) and telephone number of the applicant;
(2) Written proof sufficient to establish that the operator who will utilize the unattended outdoor donation bin is qualified to solicit placement of any salvageable items of personal property,
(3) The text of the disclosures that will be made on the unattended donation box and/or other unattended outdoor receptacle as required by Section 1130.05(a)(3); and
(4) The physical address of the property owner's and/or Site Host's real property and a drawing sufficient to indicate the proposed location of the unattended donation box and/or other unattended outdoor receptacle on the property owner's real property, as well as the size of the proposed unattended donation box and/or other unattended outdoor receptacle.
(e) Applications shall be filed with the City's Building Official.
(f) Within thirty (30) days of receiving a completed application, the Building Official shall issue a permit or deny the issuance of a permit.
(g) The Building Official shall not issue a permit unless:
(1) The applicant has submitted a complete and accurate application accompanied by the applicable fee;
(2) The operator who will maintain or operate the unattended outdoor donation bin is qualified to solicit placement of salvageable items of personal property,
(3) The proposed location and placement of the unattended donation box and/or other unattended outdoor receptacle on the property owner's real property is in compliance with all applicable laws and will not impede pedestrian, bicycle, site distances onto adjacent streets or vehicular traffic.
(h) If the Building Official denies an application, the Building Official shall state, in writing, the specific reasons for denial.
(i) A permit issued hereunder shall be valid for one unattended donation box and/or one other unattended outdoor receptacle.
(j) The term of the permit shall expire one year from the date of issuance.
(j) No person or operator to whom a permit has been issued shall transfer, assign or convey such permit to another person or operator.
(k) Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Building Official, in writing, of the intent to cancel the permit. The permit shall become void upon the Building Official's receipt of a written notice of intent to cancel the permit.
(Ord. 2017-055. Passed 6-20-17.)