(a) Donation Boxes Prohibited. No person shall place, use or allow the installation or operation of a donation box within the City. The owners, lessee or other person or legal entity in control of a property where donation boxes are maintained in violation of this section and the owner or operator of said box shall be liable for any violation of this section.
(b) Definitions. A donation drop box is defined as any receptacle or container located outside of an enclosed building designed, intended to be used for collection and storage of donated items or materials, including, but not limited to, furniture, clothing, shoes, books and other like items.
(c) Notice of Violation. In the event that a clothing donation box has been located within the City, a notice shall be provided by the property maintenance officers or any other City employee, that a donation drop box has been placed or is being maintained in violation of this section. The notice shall be provided by a Certificate of Mailing to the property owner, lessee, donation drop box owner, tenant or primary contact person designated by the donation drop box information, or other person or legal entity in control of a property. The notice shall inform the party that they have thirty days within which to remove the donation drop box from the property and from the City.
(d) Impoundment and Redemption. If the donation drop box has not been removed within the thirty-day time period, the City may seize and impound the donation drop box for failure to comply with the provisions of this chapter.
Such impounding of the donation drop box shall require the donation drop box to be stored by the City until it has been reclaimed by the owner, consistent with the provisions of this chapter. The owner of the donation drop box shall be sent notice of such impoundment at the owners' last known address by certified mail within five days after the impoundment. Neither the City nor any agency thereof shall be liable for any damages arising out of the provision of an erroneous name or address of such owner, if contact information of the owner cannot be found, the City may dispose of the box after sixty days. The owner of the donation drop box utilized in violation of this chapter may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of one thousand dollars ($1,000). Such impounded donation drop box may only be released to the owner of a donation drop box or his or her agent as evidenced by a written common notarized Agent Agreement or duly executed Power of Attorney.
After reasonable efforts to contact the owner and if the owner of the impounded donation drop box does not reclaim such donation drop box within sixty days of the date of impoundment, the City may, at its discretion, dispose of such box.
(Ord. 2014-035. Passed 5-5-14; Ord. 2020-012. Passed 6-22-20.)