§ 30-48. UNATTENDED DONATION BOXES.

[Ord. #2247]

This section and the following subsections shall be known as the "Unattended Donation Box Ordinance" of the City of Compton.

[Ord. #2247]

The purpose of this section is to regulate the placement of unattended donation boxes within the City. The procedures and requirements of this section 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 safety 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 contact or human activities.

• d. Establish criteria that avoid attracting vermin, unsightliness and public health or safety hazards.

[Ord. #2247]

• a. DIRECTOR – Shall mean the Community Development Director of the Planning and Economic Development Department of the City of Compton or designee.

• b. OPERATOR – Shall mean a person, entity, association or organization that has been issued a permit pursuant to the provisions of this section authorizing the placement of an unattended donation box to solicit or collect donations of clothing or other salvageable personal property.

• c. NON-PROFIT ORGANIZATION – Shall mean an entity, association or organization that is exempt from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code.

• d. PERMIT – Shall mean a permit issued pursuant to this section allowing the placement of an unattended donation box on a specifically designated portion of private property.

• e. PROPERTY OWNER – Shall mean the person, entity, association or organization who owns the real property where the unattended donation box is located.

• f. PUBLIC PROPERTY – Shall mean any property owned, leased, or maintained by any Federal, State or local government.

• g. PUBLIC RIGHT-OF-WAY – Shall mean any area used or intended for use by the public for pedestrian or vehicular travel within the City, including but not limited to public streets, highways, roadways, sidewalks, median strips, parkways, plazas, or alleys.

• h. SALVAGEABLE PERSONAL PROPERTY – Has the same meaning as in subdivision (b) of Section 148 of the Welfare and Institutions Code.

• i. UNATTENDED DONATION BOX – Shall mean any unattended container, box, receptacle, or similar device that is located on any real property within the City used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include recycle bins or collection boxes for the collection of California Redemption Value (CRV) recyclable materials.

[Ord. #2247]

• a. General Provisions. Unless otherwise exempt, it shall be unlawful and a public nuisance for any person to place, operate, maintain or allow an unattended donation box on any property without first obtaining a permit from the City pursuant to this section. All donation boxes must be placed, operated and maintained in accordance with all the provisions of this section.

• b. Initial Permit Application. Applicants interested in placing an unattended donation box on private property shall first submit a permit application to the Planning and Economic Development Department. Applications that do not include all of the requested information and/or documents shall be deemed incomplete and will not be processed. The permit application shall be made on a form provided by the Planning Department and shall include the following information as to each unattended donation box:

  1. The name, address, e-mail, website (if available) and telephone number of the applicant or operator and the owner of the donation box;

  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 Section 148.3 of the California Welfare and Institutions Code, as amended;

  3. The physical address of the property owner's real property and a drawing (or site plan) 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 and the written consent of the property owner to place the unattended donation box on his/her real property; and

  4. An executed Indemnification and Hold Harmless Agreement pursuant to subsection 30-48.6 below;

  5. A nonrefundable application and processing fee in the amount established by resolution or ordinance of the City Council. This fee shall be in addition to any fee or tax imposed by the City pursuant to any other provision of the Compton Municipal Code (Code).

  6. Any additional information which the Director may deem necessary for the proper disposition of the application.

• c. Permit Renewal Applications. If an operator is in compliance with this section, a permit may be automatically renewed for each successive year by timely payment of the renewal fee established by resolution or ordinance of the City Council and the filing of a complete permit renewal application by or before the expiration date of the existing permit. Applications that do not include all of the requested information or documents shall be deemed incomplete and shall not be processed.

• d. Review of Permit Application. Once submitted, a complete permit application or renewal application will be reviewed and acted upon within 15 City business days. If the applicant is not notified in writing by the fifteenth City business day of approval, denial or extension of the permit review period, the permit application or renewal application shall be deemed approved.

• e. Issuance of Permits. Upon a finding by the Director that the application is complete, accurate and compliant with this section, a permit shall be issued.

  1. A permit issued hereunder shall be valid for one unattended donation box. A separate permit shall be required for each donation box.

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

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

  4. Prior to the expiration of the permit, the operator or property owner 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.

• f. Denial of Permit. If an application for a permit is denied, the Director shall notify the applicant in writing within that time period specified in paragraph d above of the cause for such denial.

[Ord. #2247]

Unattended donation boxes located in the City shall comply with the following standards:

• a. Donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust and shall be kept free of graffiti.

• b. Donation boxes shall be locked or otherwise secured.

• c. The front of each donation box shall conspicuously display the following information, in at least two inch typeface: (1) name, address, telephone number and e-mail address (if any) of the operator and telephone number of the property owner; (2) a statement that reads "This donation box is owned and operated by a non-profit organization"; and (3) a statement describing the charitable cause that will benefit from the donations.

• d. Donation boxes shall be free of any advertising which is unrelated to the business of the operator of the donation box.

• e. The operator shall place a copy of the current donation box permit in a prominent and visible location in the front of the box in plain view for inspection by the public and City officials.

• f. Donation boxes shall be no more than 78 inches high and 72 inches wide and deep.

• g. Donation boxes shall be serviced and emptied as often as necessary to maintain the area surrounding the unattended donation boxes free of over-flowing contents and any junk, garbage, trash, debris or other refuse material.

• h. The property owner and operator shall be individually and severally responsible for abating and removing all over-flowing contents, junk, garbage, trash, debris and other refuse material in the area surrounding the unattended donation boxes within 24 hours of written or verbal notice from the City.

• i. If the City abates and/or removes any over-flowing contents, junk, garbage, trash, debris and other refuse material from the area surrounding the unattended donation boxes due to the property owner and/or operator's failure to do so in compliance with the provisions of this section, the property owner and operator shall be individually and severally liable for all costs incurred by the City for said abatement and/or removal.

• j. Each property is limited to a maximum of two unattended donation boxes at any one time.

[Ord. #2247]

Unattended donation boxes shall be located in accordance with the following standards:

• a. Unattended donation boxes shall remain only in the exact location for which they have been permitted and may not be removed unless the donation box is entirely removed from the property or replaced with another donation box in the same location. Any relocation on site will require the operator to first receive approval of an amended permit.

• b. Unattended donation boxes shall not be placed on any public property, including any public right-of-way.

• c. Unattended donation boxes shall be located in a well lit area.

• d. Unattended donation boxes shall be subordinate to the principal use of the property on which it is located. Unattended donation boxes cannot be the sole or primary land use of a property.

• e. Except for religious and civic institutions, which shall be limited to two donation boxes in compliance with this section, it shall be unlawful for an operator and/or property owner to place any unattended donation box in any residential district within the City.

• f. No unattended donation box shall be placed within 500 feet from another unattended donation box.

• g. No unattended donation box shall be placed in any required parking spaces, required landscaping, or setbacks.

[Ord. #2247]

The permit application and any permit renewal application shall include an Indemnification and Hold Harmless Agreement in favor of the City in substantial compliance with this subsection, which must be executed prior to issuance of any permit under this section. Pursuant to the Indemnification and Hold Harmless Agreement, the operator shall agree to defend, indemnify, protect and hold the City, and its elected officials, officers, representatives, agents and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including its own employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by any unattended donation box owned by or attributable to the operator.

[Ord. #2247]

The Director shall have the right to revoke any permit issued hereunder if any of the grounds upon which the Director may refuse to issue an initial permit exists. In addition, the failure of the operator to comply with the provisions of this section or any other provisions of the Compton Municipal Code or other law shall constitute grounds for revocation of the permit. Any permit issued in error may be revoked without liability to the City.

The Director shall provide written notice to the operator stating the specific grounds for revocation. Upon revocation, the unattended donation box shall be removed from the property within 15 calendar days and, if not removed within this time period, the City may remove, store and/or dispose of the unattended donation box at the sole cost and expense of the operator and/or property owner. Upon revocation, an operator shall be prohibited from applying for a permit for a period of one year. Any violation of the provisions of this section is a public nuisance subject to abatement pursuant to this Code or as otherwise permitted by law.

[Ord. #2247]

Upon the discovery on any property within the City of any unattended donation box lacking the requisite permit, the Director or his/her designee shall have the authority to remove, or cause the removal, storage and/or disposal of the unattended donation box at the sole cost and expense of the operator and/or property owner.

[Ord. #2247]

• a. Written Notification. Notwithstanding any condition upon which summary removal is available, enforcement action may be initiated upon determination by the Director that an unattended donation box has been abandoned as set forth in subsection 30-48.10 below, or installed, used or maintained in violation of this section or any condition of the permit. The operator will be notified in writing of the alleged violation, the intent of the City to remove the unattended donation box if the violation is not corrected within the specified time period, or an appeal

hearing is not requested within five business days after giving of such written notice and the procedure for requesting an appeal hearing. Failure to properly correct the violation within the specified time period or to appeal the notice within five business days of the date of the notification shall result in the unattended donation box being summarily removed and stored by the City. A removal and storage fee, as established by City Council resolution or ordinance, shall be assessed against each unattended donation box removed and stored. A timely request for an appeal hearing shall stay any removal by the City; provided, however, if the violation is not corrected within five calendar days after the decision of the City Manager, the City may remove the unattended donation box in accordance with paragraph b below.

If the Director determines that the condition or placement of an unattended donation box poses an imminent threat to the safety of pedestrians or wheelchair users, or the safe flow of vehicles; or that an unattended donation box is unlawfully located within the public right-of-way, the Director may cause the unattended donation box to be summarily removed without prior notice.

• b. Removal. Whenever an unattended donation box is summarily removed by the City and stored, the Director shall notify the operator by mailing a notice of summary removal, stating the date the unattended donation box was removed, the reasons therefor, the procedure for claiming the unattended donation box and the procedure for obtaining a post-removal hearing, if desired. Any unattended donation box removed and stored pursuant to the provisions of this subsection shall be released to the operator if claimed within 30 continuous calendar days from the date of notice of removal and on payment of reasonably incurred removal and storage fees. Upon the failure of the operator to claim such unattended donation box and pay the fees within 30 continuous calendar days after the mailing of the written notice of removal, the unattended donation box shall be deemed abandoned property in possession of the City and may be disposed of pursuant to law.

m the date of notice of removal and on payment of reasonably incurred removal and storage fees. Upon the failure of the operator to claim such unattended donation box and pay the fees within 30 continuous calendar days after the mailing of the written notice of removal, the unattended donation box shall be deemed abandoned property in possession of the City and may be disposed of pursuant to law.

• c. Inability to Contact Operator. If the operator and/or property owner cannot be readily contacted based exclusively on information provided in a current permit, related permit application or information affixed to the unattended donation box, no further action on behalf of the City is required. If the operator and/or property owner thereafter notifies the Director to reclaim the offending unattended donation box, and the donation box has not been deemed abandoned and/or disposed of by the City, a notice of summary removal and procedure for obtaining a postremoval hearing shall be served in accordance with paragraph b above, unless waived by the responsible party.

[Ord. #2247]

An unattended donation box shall be deemed abandoned if it is removed pursuant to subsection 3048.9 above, and unclaimed for 30 continuous calendar days from the date of notification of removal. Unattended donation boxes deemed abandoned may be disposed of pursuant to law. The City may dispose of an unattended donation box and shall not be responsible for any unattended donation box, including its contents, deemed abandoned for 30 continuous calendar days.

[Ord. #2247]

Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this section may appeal the same by filing an appeal. An appeal must be perfected within five business days after receipt of notice of any protested finding, determination, notice, order or action by filing with the City Manager a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 15 business days after receipt of the letter of

appeal unless appellant requests a longer time period. The City Manager shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the finding, determination, notice, order or action should not be upheld. Within 15 calendar days of the conclusion of the hearing, the City Manager shall affirm, overrule or modify the finding, determination, notice, order or action. The decision of the City Manager shall be final and conclusive.

[Ord. #2247]

The City Council shall set fees, by resolution or ordinance, to recover all reasonable costs incurred by the City in the regulation of unattended donation boxes.

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A permit issued under this section shall not substitute for any business license otherwise required under this Code.

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Unattended donation boxes located entirely within the interior of a building are exempt from the requirements of this section.

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Any violation of the provisions of this section is an infraction, and upon conviction thereof, shall be subject to a fine not to exceed $50 for a first violation; a fine not exceeding $100 for a second violation in the same calendar year; and a fine not exceeding $200 for each additional violation in the same calendar year. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

[Ord. #2247]

• a. The provisions of this section shall apply to all unattended donation boxes, whether installed and maintained prior to or after the effective date of this section. Those unattended donation boxes installed prior to the effective date of this section shall be brought into compliance with the provisions of this section within 60 calendar days of the effective date of this section.

• b. Any unattended donation box not brought into compliance within 60 days after the effective date of this section [[1]] shall be deemed to be in violation of this section. [1] Editor's Note: Ordinance No. 2247 codified herein as Section 30-48 , was adopted March 4, 2014.

• c. Nothing in this section is intended to diminish or otherwise alter the requirements of any other Federal, State, or local law governing the regulation of unattended donation boxes.