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1396.01 PURPOSE.
   The purpose of this chapter shall be to provide rules, regulations and standards for the limited placement and use of unattended donation bins in the City of Elyria, in order to promote the public health, safety, convenience and welfare of the City.
(Ord. 2016-64. Passed 6-6-16.)
1396.02 DEFINITIONS.
   (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.)
1396.03 REQUIREMENTS FOR THE UTILIZATION OF DONATION BINS.
   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.)
1396.04 PERMIT APPLICATION REQUIREMENTS.
   An application for permit shall be filed with the City Building Department annually. The application for a permit shall include the following:
   (a)   A permit fee as follows:
      (1)   Initial application (one-year period, per organization): $25.00.
      (2)   Renewal application (one-year period, per organization): $25.00.
      (3)   Sticker fee (one-year period, per unit): $10.00;
   (b)   The precise location where the bin will be situated, including a description of the business or enterprise being conducted on the property;
   (c)   The name, location and telephone number of the bona fide office of the organization which has custody of the donation bin and the name of the person authorized by said organization to assure compliance with this chapter 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;
   (d)   The name, phone number, and e-mail address of a contact person responsible for the placement, emptying, maintenance and removal of the bin;
   (e)   Written consent from the property owner to place the bin on the subject property. The written consent shall acknowledge that the City shall hold both the property owner and the charitable organization liable for violation of this chapter;
   (f)   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
   (g)   An affidavit which states the manner in which the applicant 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.
(Ord. 2016-64. Passed 6-16-16.)
1396.05 PERMIT RENEWAL APPLICATION REQUIREMENTS.
   Annual renewal applications shall include an affidavit that all information and statements in the original application continues to be true, and a description of any facts which would make any information or statement in the original application is no longer true and accurate.
(Ord. 2016-64. Passed 6-16-16.)
1396.06 PLACEMENT OF DONATION BINS - RESTRICTIONS.
   (a)   The City shall determine that the placement of the bin will not constitute a safety hazard. Such hazards include, but are not limited to: placement of a donation bin within 100 yards of any place which stores or sells large amounts of fuel or other inflammable liquids or gases; or placements of a bin where it interferes with vehicular or pedestrian traffic flow or lines of sight.
   (b)   Donation bins shall be secured or removed in such a manner so as to minimize the danger of such units causing damage to persons or property from high winds or severe weather conditions.
   (c)   No donation bin shall be located in a residential zoning district or within 200 feet of a residential zoning district unless the site host's property is devoted solely to a non-profit organization.
   (d)   Donation bins placed on vacant parcels shall follow all applicable rules and regulations set forth within this section.
   (e)   Bins shall not be located in rights-of-way and shall adhere to the set-back standards for the site where they are placed.
   (f)   No more than one donation bin shall be placed on any property.
(Ord. 2016-64. Passed 6-16-16.)
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