§ 50-11. Use of donation collection bins.

(a)

Definitions. As used in this section, the following terms shall have the following meaning:

(1)

Donation collection bin means a receptacle or container designed with a door, slot or other opening and which is intended to accept and store items donated by the public.

(2)

Unattended collection bin means a receptacle as described in subsection (a)(1) herein that is not attended on a daily schedule by personnel employed by the applicable person or entity.

(b)

Donation collection bins prohibited . It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any property within the city.

(c)

Exception . A donation collection bin shall be exempt from the provision of subsection (b) above only if it complies with the following criteria:

(1)

The donation collection bin is supervised by personnel directly employed by the person or entity and whom must be present at the permanently placed donation collection bin for seven days a week (except holidays) to accept donations.

(2)

The donation collection bin is operated by the applicable person or entity and is permanently placed and contained wholly upon improved property which is (a) owned by the applicable person or entity, or (b) leased by the applicable person or entity pursuant to a lease having a lease term for a period of not less than one year.

(3)

The collection and distribution of donated items and proceeds thereof must be conducted by the applicable person or entity owning leasing and operating the donation collection bin and not by a licensee, subcontractor or agent of said person or entity; provided, however, that this subsection shall not prevent the applicable person or entity from contracting with a licensed common carrier to transport donated items to a disaster relief site for distribution of same to victims of the disaster.

(4)

Electrical connections to a bin shall be prohibited.

(5)

Donation collection bins must be shown on site plans to be submitted for approval at public hearing or by administrative site plan review.

(6)

For each permanently placed donation collection bin excepted herein, the person or entity shall submit a declaration of use in a form meeting with the approval of the director of planning, or his designee, said declaration of use shall specify compliance with the conditions set forth in subsection (c) herein.

(d)

Notification. Whenever a donation collection bin that does not qualify as an exception set forth in subsection (c) herein is present on any property within the city, the enforcement officer shall cause a notice to be placed on such bin in substantially the following form:

Notice. This donation collection bin is unlawfully upon property known as (setting forth a brief description of the location) and must be removed within 72 hours from the time of this notice. Failure to remove the bin shall result in the removal and destruction of the bin by order of the Mayor, or his designee.

Dated this: (setting forth the date and time of posting of the notice)

Signed: (setting forth the name, with the address and telephone number of the city.

(e)

Responsibility for compliance. The owner of the unattended donation collection bin and the lessee and/or owner of the property on which the bin is maintained shall be responsible for compliance with this section.

(f)

Non-Liability for enforcement . No person who enforces this Section as provided herein shall be liable for any damages to persons or property associated with the enforcement thereof.

(Ord. No. 2011-001 , § 1, 2-21-2011)

Editor's note

Ord. No. 2016-008, § 3, adopted April 18, 2016, set out provisions intended for use as section 50-10. As placement of the new section 50-10 was specifically dictated in ordinance 2016-008, at the editor's discretion, previous section 50-10 has been renumbered as section 50-11.