Clothing Donation Containers, hereafter called “Donation Bins”, shall be permitted in the Village only on a limited basis and only in compliance with all other provisions of the Zoning Code. All Donation Bins shall meet all of the following requirements:
(a) A Donation Bin shall be owned and operated only by a Charitable Organization as defined in Section 1131.05, and shall be utilized only in performing services in relation to its charitable purposes.
(b) The items donated shall be utilized by the Charitable Organization in pursuit of its exempt purpose.
(c) All Donation Bins are subject to the following restrictions:
(1) The only items permitted to be deposited in the bin shall be clothing, shoes, books, recyclable cardboard or other salvageable personal property.
(2) The bin shall be emptied regularly, but not less than weekly.
(3) The bin shall not be permitted to overflow to where any contents are visible from the outside.
(4) The ground area within six feet of the bin on all sides shall be kept free of donated items and/or other debris.
(d) Upon request from the Village, the Charitable Organization operating the Donation Bin shall provide, from the owner of that property, proof of permission to locate the bin on the property where the bin is located.
(e) The Charitable Organization operating the Donation Bin shall clearly display the following information in a conspicuous location on the Donation Bin: name, address and contact telephone number of the bonafide office of the Charitable Organization which owns or has custody of the bin. The bin shall be kept free of signs except for those identifying the Charitable Organization that is responsible for the Donation Bin and the information required herein.
(f) The Donation Bin must be maintained in an aesthetically acceptable manner, including but not limited to fresh paint, readable signage, and general maintenance and upkeep.
(g) In the event the Charitable Organization fails to adequately maintain and service the Donation Bin, the Site Host, as defined in Section 1131.05, including the owner of the business where the bin is located and the owner of the property where the bin is located shall also be responsible for such maintenance.
(h) Failure to properly maintain the donation Bin may result in enforcement under this Section or Section 521.08 “Littering and Deposit of Garbage, Rubbish, Junk, Etc.” of the Codified Ordinances.
(i) Failure to provide proof of permission to have the Donation Bin located at the site shall cause the Donation Bin to be deemed a public nuisance. The Village may then abate this nuisance at the expense of the owner of the Donation Bin, the Site Host or both. Abatement may include the removal of the Donation Bin and recoupment of any and all costs, including attorney fees, incurred by the Village in so doing.
(Ord. 17-127. Passed 12-7-17.)