Section 11.090 Donation Collection Bins.

11.090 Donation Collection Bins.

(1) Definitions.

Donation collection bin is any container or receptacle located outside of an enclosed building, which is designed, intended or used for collection and storage of donated items or materials, including but not limited to furniture, clothing, shoes, books, and other like items.

(2) Permit Required. No publicly accessible donation collection bin shall be placed on a property unless the owner and/or occupant of the property has first obtained a bin permit for each donation collection bin to be placed on the property.

(a) Application. The owner or occupant of the property where a donation collection bin is to be located shall obtain an application form provided by the City Clerk, and shall supply all information requested on the application form including the name, address, and phone number of the property owner and the owner of the bin, if different from the property owner. The application shall also include the name, address and phone number of the person in charge of the donation collection bin, if different from the property or donation collection bin owner. The completed application form shall be returned to the City Clerk along with the appropriate fee and a description where the donation collection bins will be located on the property. The completed application shall be signed by the applicant and by the applicant’s landlord if the applicant is a tenant at the premises where the donation collection bin is to be located.

(b) Permit Fee. The annual fee for a donation collection bin permit shall be $5,000 and shall be paid to the City Clerk at the time the applicant submits the completed application. The permit fee amount is a flat annual fee and shall not be prorated for partial years. Permit fees paid shall not be refunded.

(3) Regulations. All donation collection bins shall comply with the following regulations:

(a) Placement. Donation collection bins shall not be placed within three feet of the sidewalk, street, or front, rear, or side setback line. No donation collection bins shall be placed on public property or on City right-of-way. No more than two donation collection bins shall be allowed on any property.

(b) Design. No donation collection bin may be larger than six feet wide, six feet deep, and eight feet high. Each donation collection bin shall prominently display on the front and at least one other side of the bin the name, address, and phone number of the bin owner and whether the owner is a for-profit or nonprofit organization or entity. This information shall be printed in characters that are at least three inches in height. No publicly accessible donation collection bin shall be used for advertising or promotional purposes, other than the name, address, and phone number of the bin owner and information regarding the purpose for which the bin is intended.

(c) Maintenance. The permit holder is responsible for ensuring the donation collection bin(s) is maintained in a clean condition and kept in good repair. Any bin found to be damaged or vandalized shall be removed, repaired, or replaced within five days of discovering the damage or vandalism. If the damage poses a danger to persons or property, the bin shall be made safe within 24 hours of discovery of the condition. Donation collection bin storage compartments shall remain locked at all times so as to prohibit public access to the materials placed inside the bin.

(d) Donation Removal. Donation collection bins shall be emptied no less than once per week. Donations left outside the donation collection bin shall be removed within 72 hours. Any donations left outside the donation collection bin longer than 72 hours shall be deemed a public nuisance and shall be subject to removal by the City at the permit holder’s expense.

(4) Penalties. Any person who violates this section shall be subject to a forfeiture not more than $500.00 per violation.

(5) Severability. The provisions and requirements of this section shall be deemed severable and it is expressly declared that the Common Council would have passed the other provisions and requirements of this section irrespective of whether one or more provisions or requirements may be declared invalid; the remainder of the section and the application of such remaining provisions or requirements to other persons or circumstances shall not be affected thereby.

[Ord. 18-835 § 1, 2018]