A. It is unlawful and a public nuisance for any property owner or other person to place, operate, maintain or allow unattended donation boxes on real property unless the property owner first obtains a permit pursuant to this chapter and the donation box is placed, operated and maintained in accordance with all provisions in this chapter.
B. The permit application shall be made on a form provided by the city manager and shall include the following information:
1. The name, address, email, website (if available) and telephone number of the applicant;
2. Written proof sufficient to establish that the operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property pursuant to California Welfare and Institutions Code Section 148.3, as amended;
3. The text of the disclosures that will be made on the unattended donation box as required by Section 5.152.040(A)(3); and
4. The physical address of the property owner's real property and a drawing sufficient to indicate the proposed location of the unattended donation box on the property owner's real property and the size of the proposed unattended donation box.
C. Each application shall be accompanied by a nonrefundable fee in the amount established by resolution of the city council. This fee shall be in addition to any fee or tax imposed by the city pursuant to any other provision of this code.
D. Applications shall be filed with the city manager.
E. Within sixty (60) days of receiving a completed application, the city manager shall issue a permit or deny the issuance of a permit.
F. The city manager shall not issue a permit unless:
1. The applicant has submitted a complete and accurate application accompanied by the applicable fee;
2. The operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property pursuant to California Welfare and Institutions Code Section 148.3, as amended;
3. The proposed location of the unattended donation box on the property owner's real property is in compliance with all applicable laws.
G. If the city manager denies an application the city manager shall state, in writing, the specific reasons for denial.
H. The term of the permit shall expire one year from the date of issuance.
I. No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person.
J. Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the city manager in writing of the intent to cancel the permit. The permit shall become void upon the city manager's receipt of a written notice of intent to cancel the permit. (Ord. 2010-001 § 1)