§ 115-95. Donation drop-off boxes.

(a)

Findings and intent.

(1)

The purpose of this article is to establish minimum requirements and standards for registration and placement of donation drop-off boxes in order to promote and protect the public health, safety, convenience, order and general welfare of the citizens of the city.

(2)

The Council finds that:

a.

There is a need to establish a registration system for donation drop-off boxes to protect the health, welfare and safety of all citizens, to protect property values for all property owners and to encourage proper upkeep and maintenance of such properties.

b.

The lack of adequate maintenance and security of donation drop-off boxes have an adverse effect on the property values and quality of life of neighboring properties and are detrimental to the health, welfare and safety of all citizens.

c.

Improperly maintained and secured donation drop-off boxes can become a hazard to the health and safety all citizens and the owners of neighboring properties.

d.

Difficulties often arise in locating the person responsible for the condition of donation drop-off boxes. This proposed system will require owners and agents to provide the city with official information for contacting the party responsible for bringing the donation drop-off boxes into compliance with applicable provisions of state and local laws and regulations.

(b)

Procedures. Donation drop-off boxes shall be permitted only in accordance with the following standards and procedures:

(1)

Donation drop-off boxes shall not be allowed in any residential, industrial or agricultural zoning district.

(2)

Donation drop-off boxes are permitted only on properties that contain a primary permitted use.

(3)

Donation drop-off boxes are limited to two per property and shall be clearly marked with the names and telephone numbers of the sponsoring organization and/or charity receiving benefit. Only entities or organizations that have a tax status under Section 501(c)(3) of the Internal Revenue Code, as amended, are eligible. Proof of such tax status must accompany an application for a permit to include a letter of determination from the Internal Revenue Service (IRS) indicating valid 501(c)(3) tax status.

(4)

Donation drop-off boxes are subject to the issuance of a donation drop-off box permit and which will only be given upon receipt of written authorization of the property owner or their local legal representative.

(5)

Donation drop-off boxes shall meet ADA regulations and shall not obstruct pedestrian or vehicular circulation, nor be located in public rights-of-way, required building setbacks, landscape areas, drive aisles, parking spaces, fire lanes, loading zones, buffers, traffic sight lines or any other location that may cause hazardous conditions, constitute a threat to the public safety, or create a condition detrimental to surrounding land uses.

(6)

Each donation drop-off box shall have a firmly closing lid and shall have a footprint of no more than five feet by five feet and be no greater than six feet in height.

(7)

Donation drop-off boxes may be constructed of painted metal, rubber, wood, or plastic and shall be properly maintained in a safe and good condition.

(8)

Donation drop-off boxes shall be clearly marked to identify the specific items and materials requested to be left for donation, the name of the operator or owners of the donation container, the entity responsible for maintenance of the drop-off box and removal of materials from the box and a telephone number where the owner, operator or agent of the owner or operator may be reached at any time. The box shall display a notice stating that no items or materials shall be left outside of the donation drop-off box as well as a notice that shall read " Not for refuse disposal. Liquids are prohibited. Do not use for garbage .

(9)

Occupation of parking spaces by donation drop-off boxes shall not reduce the number of available parking spaces below the minimum number required for the site.

(10)

All donated items must be collected and stored in the donation drop-off box. Donated items or materials shall not be left outside of donation drop-off boxes and the area around each box shall be maintained by the owner or operator, or the property owner free of litter.

(11)

In addition to the above referenced requirements and procedures, donation drop- off boxes that accept used clothing (exclusively or in part) shall adhere to the following minimum regulations pertaining:

a.

Minimum pickup shall be at least two times per week.

b.

The containers must be sealed and covered with swinging lids that automatically close. They must regularly be disinfected with an effective germicide.

(12)

The application fee for each donation box shall be $100.00.

(c)

Conflicts, severability and effective date.

(1)

All ordinances or parts of ordinances in conflict with this section are hereby repealed.

(2)

If any section, clause, sentence or phrase of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this section.

(3)

This section shall become effective immediately upon its adoption by the City Council.

(Ord. No. 08-2014, 11-3-2014)