Chapter 8.80
REGULATION OF UNATTENDED DONATION BOXES
Sections:
8.80.050 Requirements and maintenance.
8.80.060 Revocation of permit, removal of unattended donation boxes and liability.
8.80.080 Appeal to city manager.
8.80.010 Purpose and intent.
The purpose of this chapter is to regulate the placement of unattended donation boxes within the city. The procedures and requirements of this chapter are enacted to:
A. Promote the community’s health, safety, and welfare by regulating unattended donation boxes for clothing or other salvageable personal property within the city;
B. Ensure that unattended donation boxes do not pose a hazard to pedestrian and vehicular traffic;
C. Ensure that material is not allowed to accumulate outside of the unattended donation boxes where it can be scattered by adverse weather conditions, animal contacts and human activities; and
D. Establish criteria that avoid attracting vermin, unsightliness, and public health hazard. (Ord. 1130 § 1 (part), 2010)
8.80.020 Definitions.
A. “Director” means director of the community development department of the city of Folsom or designee.
B. “Operator” means a person, entity, association or organization who places, maintains or operates unattended donation box(es) to solicit donations of salvageable personal property.
C. “Permittee” means the property owner who is issued a permit authorizing placement of unattended donation box(es).
D. “Property owner” means the person, entity, association or organization who owns the real property where the unattended donation box(es) are or are proposed to be located.
E. “Residential district” includes residential zoning districts as established pursuant to Title 17, including but not limited to R-1-L, R-1-ML, R-1-M, R-2, R-3, RM, R-4, PD, and adopted specific plans with applicable residential zoning districts.
F. “Unattended donation box” means any unattended container, receptacle, or similar device that is located on any property within the city used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable materials governed or regulated by the zoning code. (Ord. 1130 § 1 (part), 2010)
8.80.030 Permits.
A. Unless otherwise exempt, it shall be unlawful and a public nuisance for any property owner or operator 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 director 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 8.80.050(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, as well as the size of the proposed unattended donation box.
C. Each application shall be accompanied by a nonrefundable fee in the amount established by city council resolution. 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 director.
E. Within thirty days of receiving a completed application, the director shall issue a permit or deny the issuance of a permit.
F. The director 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 maintain or operate 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 and placement of the unattended donation box on the property owner’s real property is in compliance with all applicable laws and will not impede pedestrian, bicycle, site distances onto adjacent streets or vehicular traffic.
G. If the director denies an application, the director shall state, in writing, the specific reasons for denial.
H. Permit issued hereunder shall be valid for one unattended donation box. Multiple unattended donation boxes shall have their own individual permits.
I. The term of the permit shall expire one year from the date of issuance.
J. No person or operator to whom a permit has been issued shall transfer, assign, or convey such permit to another person or operator.
K. Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the director in writing of the intent to cancel the permit. The permit shall become void upon the director’s receipt of a written notice of intent to cancel the permit. (Ord. 1130 § 1 (part), 2010)
8.80.040 Renewal of permits.
A. A permittee may apply for permit renewal by submitting to the director, before the expiration of the permit, a renewal application and a nonrefundable renewal fee in an amount set by resolution of the city council.
B. The director shall either approve or deny the renewal of a permit within thirty days of receipt of the complete renewal application and payment of the renewal fee.
C. The director shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that are inconsistent with any finding required for approval of a new permit as specified in Section 8.80.030 or that would justify the revocation of the permit as specified in Section 8.80.060. (Ord. 1130 § 1 (part), 2010)
8.80.050 Requirements and maintenance.
A. A permittee shall operate and maintain or cause to be operated and maintained all unattended donation boxes located in the city as follows:
1. Unattended donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti;
2. Unattended donation boxes shall be locked or otherwise secured;
3. Unattended donation boxes shall contain the following contact information in two-inch type visible from the front of each unattended donation box: the name, address, email, and phone number of both the permittee and operator;
4. Unattended donation boxes shall be serviced and emptied as needed, but at least once per month, or within five business days of a request by the director.
B. The permittee shall maintain or cause to be maintained the area surrounding the unattended donation boxes free of any junk, garbage, trash, debris or other refuse material.
C. The permittee and operator shall be individually and severally responsible for abating and removing all junk, garbage, trash, debris and other refuse material in the area surrounding the unattended donation boxes within twenty-four hours of written or verbal notice from the city.
D. The permittee and operator shall be individually and severally responsible for all costs for abating and removing any junk, garbage, trash, debris and other refuse material from the area surrounding the unattended donation boxes.
E. It shall be unlawful for any property owner or operator to place an unattended donation box in any residential district.
F. No unattended donation box shall be placed within four hundred feet from another unattended donation box.
G. No unattended donation box shall be placed on required parking spaces or within the site triangle as defined in Section 17.57.070(H)(2).
H. No more than one unattended donation box shall be placed on each parcel of real property. (Ord. 1130 § 1 (part), 2010)
8.80.060 Revocation of permit, removal of unattended donation boxes and liability.
The director shall have the right to revoke any permit issued hereunder if any of the grounds upon which he or she may refuse to issue an initial permit exists. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this code or other law shall also constitute grounds for revocation of the permit. The director shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended donation box shall be removed from the permittee’s real property within thirty calendar days and, if not removed within this time period, the city may remove, store and dispose of the unattended donation box at the permittee’s sole cost and expense. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. Any violation of the provisions of this chapter is a public nuisance subject to abatement pursuant to this code or as otherwise permitted by law. (Ord. 1130 § 1 (part), 2010)
8.80.070 Violation—Penalty.
Any person violating any provision of this chapter is guilty of an infraction. (Ord. 1130 § 1 (part), 2010)
8.80.080 Appeal to city manager.
Any person aggrieved by the decision rendered by the director in granting or denying an application for a permit under this chapter or in revoking or refusing to renew a permit issued hereunder may appeal the decision to the city manager in accordance with Section 2.08.060. The appeal shall be made by filing a written notice thereof with the city clerk not later than ten calendar days after receiving notice of the decision of the director. The city manager shall hold a hearing on the appeal within thirty calendar days and, notwithstanding other provisions in Section 2.08.060, the decision of the city manager shall be final. (Ord. 1130 § 1 (part), 2010)
8.80.090 Administrative fees.
The city council may, by resolution, establish reasonable fees and deposits to defray the cost of processing applications, proposals and for the administration of this chapter. (Ord. 1130 § 1 (part), 2010)
8.80.100 Exemption.
Unattended donation boxes located entirely within the interior of a building are exempt from the requirements of this chapter. (Ord. 1130 § 1 (part), 2010)