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No owner, tenant or occupant shall place or maintain or permit to be placed or maintained at or on the owner’s tenant’s or occupant’s premises in the City may donation box except after the following criteria have been met:
(a) Eligibility. The Building Commissioner shall not issue an annual permit to any donation box owner who or which is not a tax-exempt organization under the International Revenue Code, does not maintain a donation box in accordance with the standards established in this chapter, or has had its permit revoked within the past 12 months.
(b) Application. The Building Commissioner shall not issue an annual permit to any donation box owner unless the donation box owner has filed an application with the City that includes all of the following:
(1) The location of any donation box proposed to be placed by the applicant in the City, including a site plan drawing showing the location of each donation box to be placed;
(2) The name, address, phone, fax and email contact information of the property owner, tenant or occupant upon whose property a donation box would be placed, along with written authorization of the owner of the property for the placement of the donation box;
(3) The name, address, phone, fax and email contact information of the donation box owner;
(4) The name, address, phone, fax and email contact information of a person primarily responsible for placing, emptying, servicing, maintaining and removing the donation box to be placed; and the interval of time within which the person will regularly empty, service and maintain the donation box;
(5) The payment of an application fee, per donation box to be placed, established by Council.
A permit is valid from the date of issuance through December 31 of each year, is not transferable, and does not automatically renew.
(c) Conformity with Other Code. The Building Commissioner shall not issue a permit unless he or she finds that no provision of Parts Eleven and Thirteen of the Code, including use restrictions, setback requirements and off-street parking requirements, would be violated by the placement of a donation box.
(d) Use Regulations.
(1) No person shall place or maintain or permit to be placed or maintained a donation box in any location that unreasonably obstructs sight lines of vehicular traffic.
(2) A donation box shall not exceed 78 inches in height (measured from grade), 60 inches in width and 60 inches in depth.
(3) Every donation box shall be maintained in a neat and clean condition and in good repair at all times. Every donation box shall be serviced and maintained so that it is free of rust, corrosion, dirt, grease, chipped, fading, peeling or cracked paint, cracks, dents, blemishes and discoloration.
(4) Every donation box shall be emptied regularly and, in any event, not more than 48 hours after the City’s notification to the donation box owner, or the property owner, tenant or occupant, that the donation box is full. The area around each donation box shall be cleared of donated items at the same time, notwithstanding whether those items are considered litter.
(5) Every donation box shall clearly bear the name, address and phone number of the donation box owner, as well as a notice, in bold-faced text that must be clearly legible to a donor of property, reading as follows:
“Placing donated items outside this box is prohibited and is punishable as littering (L.C.O. 521.08)”.
(6) No more than one donation box shall be permitted on any single parcel of property.
(7) Any donation box placed or maintained in the City that is not permitted by the City, and any donated items left outside a donation box, shall be subject to impoundment by the City. If impounded, a donation box and donated items may be released to the owner upon the payment of an impound fee established by Council. If impounded for more than 30 days, a donation box and donated items may be sold for scrap or otherwise disposed of by the City.
(8) The permit issued for any donation box may be revoked, after reasonable notice is attempted to be given to the donation box owner, if the donation box is placed or maintained in violation of this chapter.
(Ord. 27-15. Passed 12-21-2015.)