§ 109.02 TEXTILE RECYCLING PROGRAM.
   (A)   Purpose. Unlike other recyclables, such as bottles, cans and papers, textiles have not typically been collected through regularly scheduled household pick-ups but instead have been collected through donations to thrift stores (both for profit and not-for-profit) or to charitable organizations, often by way of unsupervised textile recycling collection bins placed throughout the community. If not properly regulated, textile recycling operations and textile recycling collection bins can conflict with parking, traffic circulation, and tree preservation, and can lead to
nuisance situations such as abandoned property and graffiti. When properly regulated, textile recycling collection bins can provide a cost-effective and convenient method of textile recycling, thereby reducing waste. The purpose of this section is to set forth the conditions under which textile recycling collection bins may be placed on public and private property and to provide minimum standards as to how they are operated and maintained, as necessary to protect the public health, safety, and welfare.
   (B)   General provisions.
      (1)   Authorized textile recycling collection bins. No person or entity shall place or maintain a textile recycling collection bin within the city except in conformance with this section and as authorized through a franchise agreement as set forth herein.
      (2)   Collection from stationary vehicles. Collection of textiles for recycling by a stationary truck, wagon, trailer or similar vehicle is prohibited within the city except as authorized through a franchise agreement. This is not intended to prohibit textile recycling collections taken directly from homes, businesses or institutions, whether through regularly scheduled pickups or through pickups based upon a special request of the donor.
   (C)   Placement, operation, and maintenance of textile recycling collection bins. Unless otherwise provided by the city pursuant to a franchise agreement, textile recycling collection bins shall adhere to the following:
      (1)   Textile recycling collection bins shall only be placed in the following areas:
   
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         (a)   City owned property, excluding public rights-of-way, on parcels approved by the city either through a franchise agreement or resolution adopted by the City Commission: or
         (b)   Developed parcels which are zoned and approved for commercial retail, industrial, or institutional use, with written permission of the property owner. Permission of a tenant is not sufficient.
      (2)   Textile recycling collection bins shall be placed in a manner which does not impair pedestrian or vehicle traffic, including emergency service vehicle movement, within the site and which does not negatively affect protected trees or utility services. The placement of textile recycling collection bins shall not require site plan approval unless such placement would be inconsistent with site plan conditions imposed by the city's Development Services Department.
      (3)   Textile recycling collection bins shall be no larger than seven feet in any dimension.
      (4)   A textile recycling collection bin shall be placed no less than 500 feet from any other textile recycling collection bin unless located at least 200 feet from any public street or right-of-way and not readily visible from any residential use. In no case shall more than three textile recycling collection bins be placed on a single parcel and such bins may be placed together or apart within the subject parcel.
      (5)   Textile recycling collection bins shall not be located within 25 feet of any public street or right-of-way.
      (6)   Textile recycling collection bins shall be constructed of steel with a rust-resistant coating and weigh at least 500 pounds empty.
      (7)   Each textile recycling collection bin shall provide the name, address and telephone number of the franchisee responsible for the maintenance of the bin and regular textile recycling collection in weather resistant lettering no smaller than one inch high. Textile recycling collection bins shall contain no advertising other than as related to the franchised textile recycling collection organization or business. The placement of any logos and lettering on the textile recycling collection bins shall be approved by the city.
 
      (8)   Textile recycling collection bins shall be painted and designed in accordance with the textile recycling bin design set forth in the Appendix to this chapter, maintained in good appearance, and be emptied no less than once per 14 days.
      (9)   The franchisee shall be responsible for ensuring that the area within 20 feet of any bin shall be kept free of trash, debris and discarded items.
   (D)   Exemptions.
      (1)   Textile recycling collection bins that are placed on school property with the consent of the School Board of Broward County, Florida, are exempt from the regulations of this chapter.
      (2)   Any charitable organization which obtained a clothing bin permit prior to November 15, 2017, shall be permitted to continue to keep its clothing bin at the approved location under the permit, however, the charitable organization shall be required to operate and maintain its clothing bin in accordance with the regulations set forth herein.
   (E)   Implementation. The provisions of this section shall take effect on November 15, 2017, except that all textile recycling collection bins, stationary trucks, wagons, trailers or similar vehicles placed, operated, or maintained prior to November 15, 2017 shall be removed or brought into compliance no later than December 1, 2017.
   (F)   Community Endowment Trust Fund. A Community Endowment Trust Fund will be established by resolution of the City Commission to set forth the parameters for expending the revenue received by this program.
(Ord. O-2017-19, passed 11-15-17)