Chapter 17.298 — UNATTENDED DONATION BINS

Chapter 17.298 - UNATTENDED DONATION BINS

Sections:

The board of supervisors finds that unattended donation bins provide a service to the community by facilitating the donation of items for distribution or resale. Unattended donation bins are, however, often the targets of graffiti, litter and illegal dumping. Additionally, unattended donation bins are often placed on

private property without the consent of the property owner, or in public rights-of-way, creating safety concerns and traffic impediments that can endanger drivers and pedestrians. Welfare and Institutions Code Section 153 allows the county to impose requirements upon the solicitation of salvageable personal property. This chapter establishes minimum development standards and permitting procedures for unattended donation bins in the unincorporated areas of the county with the purpose to enhance the aesthetic appearance of the community, preserve property values and protect the public health, safety and welfare. This chapter does not apply to attended donation bins or to donation bins located within an enclosed building.

(Ord. No. 348.4857, § 1, 9-12-2017)

As used in this chapter, the following terms shall have the following meanings:

"Donation bin." Any unattended bin, box, container, or similar receptacle located on any legal lot used to collect textiles, shoes, books or other salvageable personal items for distribution or resale by the operator. This term does not include recycle bins for the collection of recyclable material. A donation bin shall not be considered a fixture or improvement to the lot.

"Donation bin operator." A person or entity who owns, manages or maintains a donation bin.

"Donation bin permit." Written authority from the county to a permittee that authorizes the placement and operation of a donation bin on a legal lot.

"Permittee." A property owner who applies for and obtains a donation bin permit.

(Ord. No. 348.4857, § 1, 9-12-2017)

Subject to the requirements provided in this chapter, donation bins are allowed in all zone classifications, except in the following zones where they are prohibited: M-SC, M-M, M-H, M-R, M-R-A, A-1, A-P, A-2, A-D, C/V, C-C/V, WC-W, WC-WE, WC-E, WC-R, W-2, R-D, N-A, W-2-M, W-1 and W-E.

(Ord. No. 348.4857, § 1, 9-12-2017)

A.

No donation bin shall be placed, erected, used or maintained until a permittee obtains a donation bin permit from the county. A donation bin permit shall expire one year from the date of issuance, unless a renewal application and applicable filing fee is timely submitted and approved in accordance with Section 17.298.040.C. of this chapter.

B.

An application for a donation bin permit shall be submitted to the assistant TLMA director-community development or designee on the form provided by the county planning department and accompanied by

the applicable filing fee set forth in Chapter 4.44.

C.

A donation bin permit shall be renewed on an annual basis based on the anniversary of the original donation bin permit issuance. An application for renewal shall be submitted to the assistant TLMA directorcommunity development or designee on the form provided by the county planning department and accompanied by the applicable filing fee set forth in Chapter 4.44. The renewal application shall be submitted no later than thirty (30) days prior to the expiration of the donation bin permit.

(Ord. No. 348.4857, § 1, 9-12-2017)

No donation bin permit shall be approved unless the following development standards are satisfied:

A.

The dimensions of a donation bin shall not exceed eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49)inches deep.

B.

No more than two donation bins shall exist on the same legal lot.

C.

Donation bins shall not be located on any lot with a one-family dwelling, multiple family dwelling or mobilehome.

D.

Donation bins shall not be located within any public right-of-way area, emergency vehicle route, internal drive aisle or pedestrian pathway.

E.

Donation bins shall be set back at least three feet from any public right-of-way, emergency vehicle route, internal drive aisle, or pedestrian pathway.

F.

Donation bins shall not be located on unimproved lots.

G.

All Donation bins shall be constructed with a metal material. Donation bins shall not be constructed with wood, plastic, or any other non-metal material.

(Ord. No. 348.4857, § 1, 9-12-2017)

In addition to the development standards in section 17.298.050, the permittee shall ensure donation bins comply with the following:

A.

Donation bins shall be kept free of structural damage, holes, visible rust, and graffiti.

B.

Donation bins shall be kept locked or otherwise secured at all times.

C.

Donation bins shall be serviced and emptied at a minimum of every seven calendar days, or more frequently on an as needed basis, to ensure the donation bin and surrounding area are kept free of materials and debris.

D.

Donated items must fit entirely within the closed donation bin.

E.

Donated items shall consist of textiles, shoes, books and other salvageable personal items only.

F.

Donated items shall not include items such as, but not limited to, hazardous materials, mattresses, vehicles, food items or appliances.

G.

The area surrounding the donation bin shall be kept free of any debris, junk, donated items, or other material, including but not limited to donated items that do not fit entirely within the donation bin.

H.

In accordance with California Welfare and Institutions Code Section 151, the front of every donation bin shall conspicuously display all of the following:

1.

The name, address, telephone number, and, if available, the internet web address of the donation bin operator; and

2.

A statement, in at least two-inch typeface, that either reads, "this donation bin is owned and operated by a for-profit organization" or "this donation bin is owned and operated by a nonprofit organization."

3.

If the donation bin operator is a nonprofit organization, the front of the donation bin shall also conspicuously display a statement describing the nonprofit cause that will benefit from the collections.

4.

If the donation bin operator is 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 nonprofit cause only on the sides of the donation bin. This notice shall always be smaller in size than the for-profit entity's name and address and shall constitute only twenty-five (25) percent of the notice space of the donation bin.

I.

Donation bins shall comply with all other applicable federal, state and local laws and regulations.

(Ord. No. 348.4857, § 1, 9-12-2017)

A donation bin permit may be revoked in accordance with the findings and procedure provided in Chapter 17.220 of this title.

(Ord. No. 348.4857, § 1, 9-12-2017)

In accordance with Welfare and Institutions Code Section 152, a donation bin in violation of this chapter may be declared a public nuisance.

(Ord. No. 348.4857, § 1, 9-12-2017)