1171.19 DONATION BOXES REGULATIONS.
(a) Purpose. The purpose of this Section is to promote the health, safety and welfare through regulation of donation boxes.
(b) Definitions.
(1) “Donation Box”: An unattended container, receptacle, or similar device that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include any unattended donation box located within a building, which is permitted by right.
(c) Permits Required. It shall be lawful for any person or business to place or allow to be placed on their own property a receptacle for the purpose of collecting donations within the City of Macedonia without first making application and securing a permit from the Building Commissioner.
(d) Written Permission. Applicants shall submit written authorization from the property owner consenting to the placement of a donation box on the subject property.
(e) Standards. A permit shall not be issued for a donation box unless it demonstrates compliance with the following standards:
(1) Donation boxes may only be placed on properties zoned Business or Industrial;
(2) Donation boxes shall not be placed within a required parking space;
(3) Donation boxes shall not be placed within a required front or corner side yard , or major arterial setback. To the extent feasible, donation boxes shall be placed so as viewed from public right-of-way;
(4) Donation box shall not be placed in such a manner as to cause a sight obstruction for pedestrian or motorists;
(5) Only one donation box shall be permitted per lot or per shopping center, whichever is more restrictive;
(6) Donation boxes shall not exceed maximum of seven feet in height; and
(7) Donation boxes shall contain the following contact information in two- inch type, visible from the front of the box; the name, address, e-mail, and phone number of both the permittee and operator.
(f) Maintenance. Donation boxes shall be maintained in good condition and appearance and no structural damage, holes, or visual rust, and shall be free of graffiti. All boxes shall be free of debris and shall be serviced regularly so as to prevent overflow of donations or the accumulation of junk, debris or other material. No overflow of donations or placement outside the containers shall be permitted at any time. Failure to correct such overflow of donations outside the container within 24 hours of notice shall be considered a violation subject to a penalty under subsection (j) hereafter.
(g) Revocation of Permit. Any permit granted pursuant to the provisions of this Section may be subject to revocation for cause by the Building Commissioner including, but not limited to the failure to comply with this section or any other applicable provisions of the Macedonia Codified Ordinances.
(h) Exclusions:
(1) The provisions of this Section shall not be applied to attended donation facilities (including trailers) which may otherwise be authorized under other provisions of the Codified Ordinances of the City.
(2) The provisions of this section shall not be applied to recycling receptacles for the principal use of the owner(s) or occupant(s) of the property.
(i) Permit Fee. The permit fee required by this section shall be set by the Building Commissioner and listed on the donation box permit application form. Building Commissioner may waive permit fee for 501.3c designed, nonprofit organizations.
(j) Penalty. Whoever violates any provision of this section, and upon conviction, shall be guilty of a minor misdemeanor for a first offense, and a misdemeanor of the fourth degree upon conviction of a second offense or more. Each day that the violation continues shall be a separate offense.
(Ord. 97-2015. Passed 10-8-15.)