(A) It is unlawful and a public nuisance for any property owner or other person, entity, association or organization to place, operate, maintain or allow unattended donation boxes on real property unless the operator first obtains a permit pursuant to this chapter and the donation box is placed, operated and maintained in accordance with all provisions in this chapter.
(B) The permit application shall be made on a form provided by the city and shall include the following information:
(1) The name, address, email, website (if available) and telephone number of the operator and property owner;
(2) The physical address of the property owner’s real property and a drawing sufficient to indicate the proposed location of the unattended donation box on the property owner’s real property and the size of the proposed unattended donation box;
(3) The written consent of the property owner of the real property on which the box will be placed is expressly given to the applicant.
(C) Each application shall be accompanied by a nonrefundable application fee in the amount established annually by resolution of the City Council. This fee shall be in addition to any fee or tax imposed by the city pursuant to any other provision of this code.
(D) Applications shall be filed at City Hall.
(E) Within ten business days of receiving a completed application the city shall issue a permit or deny the issuance of a permit.
(F) The city shall not issue a permit unless:
(1) The applicant has submitted a complete and accurate application accompanied with the application fee.
(2) All entities (non-profit and for profit) must pay an application fee. Entities that are deemed to be for profit will have an additional permit fee upon approval. Fees will be established annually by City Council resolution. Non-profit entities must provide supporting paperwork.
(3) The proposed location of the unattended donation box 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. Unattended boxes cannot be placed in any right-of-way or easements.
(G) If the city denies an application the city shall state, in writing, the specific reasons for denial.
(H) The term of the permit shall expire one year from the date of issuance.
(I) No person or operator to whom a permit has been issued shall transfer, assign, or convey such permit to another person or operator.
(J) Permits issued hereunder shall be valid for one unattended donation box. Multiple unattended donation boxes shall have their own individual permit.
(K) Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the city in writing of the intent to cancel the permit. The permit shall become void upon the city’s receipt of a written notice of intent to cancel the permit. If the permittee cancels their unattended donation box permit a prorated refund will not be issued.
(Ord. passed 10-26-11) Penalty, see § 115.99