Atwater Municipal Code Ch. 5.62 Donation Bins

The purpose of this chapter shall be to provide rules, regulations, and standards for the placement and use of donation bins in the City of Atwater in order to, among others, ensure that donation bins do not pose a hazard to pedestrian or vehicular traffic, ensure that material is not allowed to accumulate outside of donation bins, avoid conditions that may attract vermin, and promote the public health, safety, convenience, and welfare of the City.

(Ord. CS 971, § 1, 1-11-2016)

A. "Director" means Finance Director for the City of Atwater or his/her designee.

B. "Donation bin" means a bin, box, receptacle or container made of metal, steel, or other material which is designed or intended for the collection and temporary storage of donated items such as clothing, shoes, textiles, books, household goods, and other similar items. Donation bins may be either attended or unattended. The definition of Donation bin does not include recycle bins used for the collection of recyclable material such as aluminum, plastic, glass, metal, and other such materials.

C. "Operator" means the person, entity, association, or organization who places, maintains, operates, and is responsible for a donation bin pursuant to a lawfully issued donation bin permit.

D. "Property owner" means the person, entity, association, or organization who owns the real property where the donation bin is proposed to be located.

(Ord. CS 971, § 1, 1-11-2016)

A. No person, entity, or organization shall place or maintain any donation bin on any premises or property within the City limits of the City of Atwater without first obtaining a donation bin permit. A separate donation bin permit shall be required for each donation bin, regardless of whether an operator operates more than one donation bin.

B. A donation bin permit may be obtained by submitting a complete donation bin permit application with the City of Atwater and paying the processing fee set by resolution of the City Council. The donation bin permit application shall include all of the following:

1. The name, address, and telephone number of the person, entity, association, or organization applying for the donation bin permit.

2. The name, address, and telephone number of the operator of the donation bin.

3. The location and address of where the donation bin is proposed to be placed. A separate donation bin permit shall be required for each location. An operator may submit one donation bin permit application for multiple donation bins provided that all information regarding each proposed donation bin is the same.

4. The name, telephone number, and written consent letter from the property owner of the location at which the donation bin is proposed to be located.

5. A site plan showing the site and location of where the donation bin is proposed to be located.

6. A photo, drawing or other image of the donation bin showing dimensions for size and a photo, drawing or other image showing how the donation bin will comply with the required markings described in Section 5.62.50 of this chapter.

7. A description of the manner and schedule for maintenance and emptying of the donation bin.

C. Applications for donation bin permits will be reviewed and approved or denied by the director within 30 days of the date on which the application is submitted. Denial of a request for a donation bin permit may be appealed to the City Council in accordance with the procedures set forth in Chapter 1.12.

D. Donation bin permits shall be valid for a period of one year, unless revoked by the director as a result of any violation of this chapter. Donation bin permits may be renewed annually by submitting a renewal application and paying a processing fee of $50.00.

E. A donation bin permit sticker shall be placed and maintained on the front of the donation bin and readily visible. Replacement donation bin stickers may be purchased from the City of Atwater for a charge of $10.00.

F. Donation bins shall be removed within 24 hours of expiration of the donation bin permit.

(Ord. CS 971, § 1, 1-11-2016)

Applications for donation bin permit, which meet the requirements of this chapter, may be accepted for all districts within Title 17, Zoning, except for residential zoning districts.

(Ord. CS 971, § 1, 1-11-2016)

Donation bins shall meet all of the following design requirements:

A. Size: Donation bins shall not cover a ground surface area in excess of five feet by five feet, nor be more than six feet in height.

B. Material: Donation bins shall be made of material that is durable and waterproof. Donation bins shall not be electrically or hydraulically powered by an external source.

C. Bin Design: Donation bins shall be of the type that are enclosed by use of a receiving door and a tamper resistant locking mechanism so the contents may not be accessed by anyone other than the operator.

D. Emergency Access: Donation bins shall be designed/keyed to allow for emergency access by the Police Department and/or Fire Department.

E. Required Identification Markings: The front of each donation bin shall have a conspicuously placed display with dimensions of at least two feet high by two feet wide, with font on the display that is a minimum of two inches in height showing all of the following:

1. The name, address, telephone number, and internet address (if available) of the operator.

2. A statement that either reads, "This collection box is owned and operated by a for-profit organization." or "This collection box is owned and operated by a nonprofit organization." For purposes of this chapter, a commercial fundraiser shall be classified as a for-profit organization. If the donation bin is owned by a nonprofit organization, the front of the donation bin shall also conspicuously display a statement describing the charitable cause that will benefit from the donations. If the donation bin is owned by a for-profit entity, the front of the donation bin shall also conspicuously display a statement that reads "this donation is not tax deductible." If the donation bin is owned and operated by a commercial fundraiser, the commercial fundraiser may post notice of donations to a charitable cause only on the sides of the bin. This notice shall always be smaller in size than the for-profit entity's name and address and shall constitute only 25 percent of the notice space of the box.

(Ord. CS 971, § 1, 1-11-2016)

Donation bins shall meet the following site placement requirements:

A. Donation bins shall not be placed on property owned by the City.

B. Donation bins shall only be placed on property with the written consent of the property owner.

C. All donation bin(s) shall be appropriately located so as not to interfere with sight triangles, on-site circulation, vehicular, bicycle or other access, ADA or pedestrian pathways of a minimum of five feet in width, emergency access, fire lanes or access, drive aisles, required setbacks, landscaping requirements, parking, or any other requirements that have been imposed as part of the site plan approval for the premises or property on which the donation bin is located, and shall be located in a manner that will not constitute a safety hazard.

D. Donation bin(s) shall be placed on a concrete surface, or an approved equivalent.

E. No donation bin(s) shall be placed in any on-site parking stall in a manner that would violate requirements that have been imposed as part of the site plan approval for the premises or property on which the donation bin is located.

F. No donation bin(s) shall be placed within 500 feet of any other donation bin.

G. The Director shall not approve an application for donation bin permit if it determines that the placement of the bin could constitute a safety hazard.

(Ord. CS 971, § 1, 1-11-2016)

All donation bins shall be maintained in good, clean, and sanitary condition and appearance as determined in the sole reasonable discretion of the Director. The following maintenance requirements shall be satisfied at all times:

A. Donation bins shall be free of structural damage, holes, rust, peeling paint, graffiti, vandalism, or other deleterious effects.

B. Donation bins shall not overflow at any time. All contents of the donation bins shall be fully contained within the bins. Placement of any material outside of the donation bin is expressly prohibited, is deemed a public nuisance, and shall be subject to removal by the City of Atwater at the operator and/or owner's expense.

C. Donation bins shall be free of litter, junk, garbage, trash, debris, refuse material, and any illegal material or substance.

D. Donation bins shall be emptied regularly to avoid overflow or accumulation of materials outside of the bins. All contents of the donation bins shall be used and disposed of in accordance with all applicable federal, state, and local laws and regulations.

E. The donation bin operator shall maintain the bin such that the bin is free of rust, peeling paint, or other deleterious effects.

(Ord. CS 971, § 1, 1-11-2016)

A. The operator and owner shall respond within 24 hours to any notice by the City of Atwater that a violation of any provision of this chapter exists and shall remedy any such violation within 48 hours of receipt of said notice.

B. Failure to respond to and/or correct any violation of this chapter shall result in the following fines and penalties:

1. First violation: The operator and property owner shall be jointly and severally liable for a fine in the amount of $250.00.

2. Second violation within 12 months of the first violation: The operator and property owner shall be jointly and severally liable for a fine in the amount of $500.00.

3. Third and all subsequent violations within 12 months of the first violation: The operator and property owner shall be jointly and severally liable for a fine in the amount of $1,000.00 and the donation bin permit may be revoked.

C. If a donation bin permit is revoked, the operator and/or property owner shall ensure that the donation bin(s) is removed within seven days of the effective date of the revocation. If the operator and/or property owner fails to remove the donation bin as required by this chapter, the City may remove or have the donation bin removed, at the expense of the operator and/or property owner, and sell the donation bin at public auction or otherwise dispose of any clothing or donations collected in the donation bin. Any proceeds from any such sale shall be paid to the City of Atwater, which may deduct from the proceeds all costs incurred by the City to enforce the provisions of this chapter and send the remainder of the proceeds to the donation bin operator.

D. Violation of any provision of this chapter shall be deemed a public nuisance subject to abatement of pursuant to the Atwater Municipal Code.

(Ord. CS 971, § 1, 1-11-2016)