Chapter 6.08 — DONATION COLLECTION BINS

The purpose of this chapter is to regulate the placement of donation collection bins within the city. The procedures and requirements of this chapter are enacted to:

(1)

Promote the city's health, safety and welfare by regulating donation collection bins for clothing or other salvageable personal property within the city;

(2)

Ensure that donation collection bins do not pose a hazard to pedestrian and vehicular traffic;

(3)

Ensure that material is not allowed to accumulate outside of the donation collection bins; and

(4)

Establish criteria that avoids creating a nuisance or public health hazard.

(Ord. No. 662, § 1, 9-2-2014)

As used in this chapter, the following definitions shall apply:

"Donation collection bin" means a bin, canister, box, receptacle, or similar device, used for soliciting and collecting donations of salvageable personal property.

"Director" means the director of the public works and development services of the city of commerce or designee.

"Eligible organizations" means those organizations identified in the Welfare and Institutions Code Section 148.3 and the Revenue and Taxation Code Sections 23701(d) and (f), as amended, who engage in the collection, solicitation, and/or sale of salvageable personal property.

"Nonprofit organization" means an organization that is exempt from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code, as amended.

"Operator" means a person, entity, association or organization that places, maintains or operates donation collection bin(s) to solicit donations of salvageable personal property.

"Permittee" means the person or entity who is issued a permit authorizing placement of donation collection bin(s).

"Property owner" means the person, entity, association or organization who owns the real property where the donation collection bin(s) are or are proposed to be located.

"Salvageable personal property" means any type of corporeal personality, new or used, but not including money or evidence of debt. This term does not include recyclable material governed or regulated by state law such as those for bottles and cans.

(Ord. No. 662, § 1, 9-2-2014)

Only nonprofit organizations that are eligible organizations as defined in Section 6.08.020 of this chapter may apply for a donation collection bin permit to allow for the placement of no more than two bins within the building or site where the eligible nonprofit organization is conducting business.

(1)

It shall be unlawful and a public nuisance for any property owner or operator to place, operate, maintain or allow donation collection bins on real property unless a permit is first obtained pursuant to this chapter and the donation collection bin is placed, operated and maintained in accordance with all provisions in this chapter.

(2)

The permit application shall be made on a form provided by the director and shall include the following information:

a.

The name, address, email, website (if available) and telephone number of the applicant;

b.

Written proof sufficient to establish that the operator who will utilize the donation collection bin is qualified to solicit donations of salvageable personal property pursuant to California Welfare and Institutions Code Section 148.3, as amended;

c.

The text of the disclosures that will be made on the donation collection bins including the name, address, email, and phone number of both the permittee and operator; and

d.

A drawing to indicate the proposed location of the donation collection bin on the property owner's real property, as well as the size of the proposed unattended donation collection bin.

(3)

Each application shall be accompanied by a nonrefundable fee in the amount established by city council resolution as provided for in Section 6.08.080 of this chapter. This fee shall be in addition to any fee or tax imposed by the city pursuant to any other provision of this code.

(4)

Applications shall be filed with the director.

(5)

Within thirty days of receiving a completed application, the director shall issue a permit or deny the issuance of a permit.

(6)

The director shall not issue a permit unless:

a.

The applicant has submitted a complete and accurate application accompanied by the applicable fee;

b.

The operator who will maintain or operate the donation collection bin is qualified to solicit donations of salvageable personal property pursuant to California Welfare and Institutions Code Section 148.3, as amended;

c.

The proposed location and placement of the donation collection bin 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.

d.

The eligible nonprofit organization conducting business at the location is the owner of the property or sole lessee.

(7)

If the director denies an application, the director shall state, in writing, the specific reasons for denial.

(8)

Permit issued hereunder shall be valid for no more than two donation collection bins per parcel of real property.

(9)

The term of the permit shall expire one year from the date of issuance.

(10)

No person or operator to whom a permit has been issued shall transfer, assign, or convey such permit to another person or operator.

(11)

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. No. 662, § 1, 9-2-2014)

(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 or that would justify the revocation of the permit.

(Ord. No. 662, § 1, 9-2-2014)

(a)

A permittee shall operate and maintain or cause to be operated and maintained all donation collection bins located in the city as follows:

(1)

No person shall knowingly place or maintain any donation collection bin in a manner so that any portion rests in whole or in part, upon, in, or on any portion of a public right-of-way, or which projects onto, into, or over any part of a public right-of-way;

(2)

Donation collection bins shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti;

(3)

Donation collection bins shall be locked or otherwise secured;

(4)

Donation collection bins shall contain at least the following contact information in two-inch type visible from the front of each unattended donation collection bin: the name, address, email, and phone number of both the permittee and operator;

(5)

Donation collection bins shall contain a statement describing the charitable cause that will benefit from the donations;

(6)

Donation collection bins shall be serviced and emptied as needed, but at least once per week, or within twenty-four hours of a request by the director;

(7)

Donation collection bins shall not be placed in a manner that will be detrimental the public health, safety, and welfare;

(8)

Donation collection bins shall not be placed in a manner that violates any applicable standard set forth in the Commerce Municipal Code or other applicable law; and

(9)

The maximum size of a donation collection bin shall be eighty-four inches in height by forty-eight inches in width by forty-eight inches in depth.

(b)

The permittee shall maintain or cause to be maintained the area surrounding the donation collection bin free of any junk, garbage, trash, debris, salvageable personal property, 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 donation collection bins 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, salvageable personal property, and other refuse material from the area surrounding the donation collection bin.

(e)

No donation collection bin shall be placed within one thousand feet from another donation collection bin.

(f)

No donation collection bin shall be placed in a required parking area or space, nor shall said bin impede access to any required parking space, nor interfere with any area used for vehicular or truck maneuvering.

(g)

The location and placement of any donation collection bin shall be in compliance with all applicable laws and shall not impede vehicular, pedestrian or bicycle access or maneuvering, as well as any site distances on to adjacent streets.

(h)

No more than two donation collection bins shall be placed on each parcel of real property.

(Ord. No. 662, § 1, 9-2-2014)

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 donation collection bin 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 donation collection bins 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. No. 662, § 1, 9-2-2014)

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 administrator. 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 administrator shall review the appeal within thirty calendar days and the decision of the city administrator shall be final.

(Ord. No. 662, § 1, 9-2-2014)

The city council shall, by resolution, establish reasonable fees and deposits to defray the cost of processing applications, proposals and for the administration of this chapter.

(Ord. No. 662, § 1, 9-2-2014)

Unattended donation boxes located entirely within the interior of a building and not visible from the public right-of-way are exempt from the requirements of this chapter.

(Ord. No. 662, § 1, 9-2-2014)