(A) No permit shall be issued to an applicant for a collection container unless the following requirements have been or can be met and included in the permit conditions:
(1) Collection containers shall be metal and be maintained in good condition and appearance, with no structural damage, holes, visible rust, or graffiti.
(2) Collection containers 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) As is required by the state donation collection laws, collection containers shall have, at a minimum, the information listed below in at least 2 inch type. Except as expressly noted below, all such information shall only be placed on the front of each collection container. Collection containers shall not display any other information, advertising or logos other than those relating to the operator. The required information shall include the following:
(a) the name, address, email, telephone number and, if available, the website address of the operator.
(b) A statement that either reads, "this collection box is owned and operated by a for-profit organization" or "this collection box is owned and operated by a nonprofit organization." For purposes of this requirement, a commercial fundraiser, as defined in the state donation collection laws, shall be classified as a for-profit organization.
(c) If the collection container is owned by a nonprofit organization, the front of the collection container shall also conspicuously display a statement describing the charitable cause that will benefit from the donations.
(d) If the collection container is owned by a for-profit entity, the front of the collection container shall also conspicuously display a statement that reads "this donation is not tax deductible." If the collection container is owned and operated by a commercial fundraiser, as defined in the state donation collection laws, the commercial fundraiser may post notice of donations to a charitable cause only on the sides of the container. This notice shall always be smaller in size than the for-profit entity's name and address and shall constitute only 25 percent of the notice space of the container.
(4) Collection containers shall be serviced and emptied as needed to prevent materials from being left or stored outside the container, but at the very least they shall be emptied every 30 calendar days. All materials left outside a container shall be removed immediately by the permittee, operator or property owner.
(5) Permittees, operators and property owners shall maintain, or cause to be maintained, the area surrounding the collection containers free from any junk, trash, debris or other material. The permittee, operator and property owner shall be responsible, to the extent provided by law, for the city's cost to abate any nuisance, in accordance with § 1.08.022 of this code.
(6) Collection containers shall:
(a) be permitted on properties zoned for commercial;
(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 calendar days;
(c) not be less than 1,000 feet from another collection container as measured along a straight line from one container to the other. Notwithstanding this separation requirement, up to two collection containers on a single lot of record are permitted if the two collection containers are side by side and are no more than one foot apart;
(d) not exceed 7.0 feet in height, 6.0 feet in width and 6.0 feet in depth;
(e) not cause a visual obstruction to vehicular or pedestrian traffic;
(f) not be placed closer than 20 feet from: (i) a public right-of-way; or (ii) a side or rear property line of adjacent property used for residential purposes;
(g) not cause safety hazards with regard to a designated fire lane or building exit;
(h) not: (i) 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 (ii) 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) paved, dust-free surface.
(B) No permit shall be issued to an applicant for a collection container unless the following requirement is included in the permit conditions:
(1) Permittees, operators and property owners shall agree to operate and maintain, or cause to be operated and maintained, all collection containers in compliance with this chapter, including, without limitation, the provisions of § 17.75.050(A) above.
(2) Permittees, operators and property owners shall agree to operate and maintain, or cause to be operated and maintained, all collection containers in compliance with applicable state donation collection laws.
(Ord. 3219 § 1 (part), 2015.)