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Elyria, OH Code of Ordinances
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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.)
1396.07 DONATION BIN STRUCTURE.
   The structure of the donation bins shall adhere to the regulations as follows:
   (a)   The donation bin(s) shall be the type that are enclosed by the use of a one-way receiving door so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents;
   (b)   No donation bin shall cover a ground surface area of more than five feet by five feet;
   (c)   No donation bin shall exceed six feet in height; and
   (d)   There shall be no advertisement of any kind on the bin except for the identity of the charitable organization and the purpose of the donation effort(s) as follows:
      (1)   The name, address, telephone number and the e-mail address of the owner and operator of the donation bin;
      (2)   A statement, in at least two-inch typeface, that clearly identifies the owner and operator of the donation bin.
(Ord. 2016-64. Passed 6-16-16.)
1396.08 SITE HOST RESPONSIBILITY.
   The site host of the property upon which the donation bin is located shall share joint and several responsibility for compliance with all conditions set forth in this chapter with the entity which owns or is in custody of the donation bin. The failure of the person in custody to comply with the provisions of this chapter shall not be a defense by the site host should there exist a violation.
(Ord. 2016-64. Passed 6-16-16.)
1396.09 EXEMPTION.
   This chapter shall not apply to any donation bin that is located on premises that is owned or leased by any religious, charitable or eleemosynary organization within an appropriate zoning district. This chapter does not apply to newspaper, magazine, or other paper recycling containers.
(Ord. 2016-64. Passed 6-16-16.)
1396.10   REMOVAL AND DISPOSAL OF NON-COMPLIANT DONATION BINS.
   If a donation bin is located on a property in violation of this chapter, the City of Elyria shall send a notice to the owner of the donation bin and to the owner of the real estate informing those persons or entities of the civil and/or criminal penalties if the bin is not brought into compliance and/or removed within thirty days. Said notice shall be sent by certified and regular United States Mail. If the certified mail is not accepted or is refused and the regular United States Mail is not returned, service shall be deemed accomplished. If neither the owner of the bin or the owner of the property removes the bin or remedies the violation of this chapter, the City of Elyria shall have a right to remove and dispose of the donation bins. Nothing in this section shall affect the City's right to pursue additional remedies under this chapter.
(Ord. 2018-142. Passed 9-17-18.)
1396.99 PENALTY.
   A violation of this chapter shall be a minor misdemeanor and each day that a violation exists shall constitute a separate offense.
(Ord. 2016-64. Passed 6-16-16.)