1396.01 Purpose.
1396.02 Definitions.
1396.03 Requirements for the utilization of donation bins.
1396.04 Permit application requirements.
1396.05 Permit renewal application requirements.
1396.06 Placement of donation bins - restrictions.
1396.07 Donation bin structure.
1396.08 Site host responsibility.
1396.09 Exemption.
1396.10 Removal and disposal of non- compliant donation bins.
1396.99 Penalty.
(a) "Charitable contribution" is a contribution for the use of a State or political subdivision thereof, the United States, or a corporation organized and operated exclusively for religious, charitable, scientific, literary, educational, or like purposes.
(b) For purposes of this section “charitable organization” is any person/entity, with a retail outlet in the City of Elyria, and which has been determined by the Federal Internal Revenue Service to be a tax-exempt organization pursuant to section 501(c)(3) and which is established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety.
(c) "Donation bin" is an unattended receptacle or container made of metal, or other fire-resistant material designed or intended solely for the collection and temporary storage of donated clothing, shoes, books, or other salvageable personal property.
(d) "Site host" is the owner or lawful occupant (or their respective representatives) of the site of a collection bin within the City.
(Ord. 2016-64. Passed 6-16-16; Ord. 2018-142. Passed 9-17-18.)
Donation bins shall be permitted on a limited basis and only in compliance with all other provisions of this section, and inclusive of all of the following requirements:
(a) The person/entity operating the donation bin must obtain a valid permit and sticker from the City of Elyria.
(b) A donation bin shall only be owned and operated by a charitable organization as defined above, performing services in relation to its charitable purpose.
(c) The information as required in subsection (a) hereof is clearly and conspicuously displayed on the exterior of the donation bin.
(d) The items donated shall be utilized by the charitable organization in pursuit of its exempt purpose.
(e) The items permitted to be deposited in the bin shall be clothing, shoes, books, or other salvageable personal property which shall be regularly emptied at a minimum of every two weeks and not permitted to overflow to the point in which contents are visible from the outside; the ground area immediately adjacent to the bin (within three feet of the bin on all sides) shall be kept free of donated items and/or other debris.
(f) The bin shall be kept free of signs, advertising (exclusive of those which are permitted herein), graffiti and other markings and shall be maintained in a structurally sound, clean, and sanitary condition.
(g) The bin must maintain an aesthetic presentation, including but not limited to fresh paint, readable signage, and general upkeep.
(h) Applicant must respond to collection bin maintenance complaints within one business day of receiving notification.
(i) Applicant must remove graffiti within seventy-two hours following receipt of notice of its existence.
(j) If a bin becomes damaged or vandalized, it shall be repaired, replaced or removed within five days of receipt of notice of such condition.
(k) All other conditions of this chapter are satisfied and there is continuing compliance with the provisions provided herein.
(Ord. 2016-64. Passed 6-16-16.)
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