Chapter 5.34
REGULATION OF UNATTENDED DONATION BOXES
Sections:
5.34.040 Operational requirements.
5.34.050 Summary removal of junk and debris by City.
5.34.060 Summary removal of unattended donation box(es) on public property.
5.34.070 Nuisance abatement of unpermitted unattended donation boxes.
5.34.080 Revocation of permit, removal of unattended donation boxes and liability.
5.34.010 Definitions.
The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.
“Community Development Director” means the Community Development Director of the City of Lake Elsinore or designee.
“Operator” means a person who utilizes or maintains unattended donation box(es) to solicit donations of salvageable personal property.
“Permittee” means the property owner and/or operator who is issued a permit authorizing placement of unattended donation box(es).
“Property owner” means the record owner of real property where the unattended donation box(es) is or is proposed to be located, or an agent authorized by the property owner.
“Residential district” means R-M-R, R-R, R-E, R-H, R-1, R-2, and R-3 zoning districts as established pursuant to LEMC Title 17.
“Unattended donation box” means any unattended container, bin, box or similar receptacle that is located on any lot within the City and that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material governed or regulated by the zoning code or any unattended donation box located within a building. [Ord. 1345 § 1, 2015; Ord. 1302 § 1, 2012].
5.34.020 Permits.
A. It is unlawful and a public nuisance for any property owner or other person to place, operate, maintain or allow unattended donation boxes on real property unless the property owner first obtains a permit pursuant to this chapter and the donation box is placed, operated and maintained in accordance with all provisions in this chapter.
B. The permit application shall be made on a form provided by the Community Development Department and shall include the following information:
1. The name, address, email, website (if available) and telephone number of the applicant;
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;
3. The text of the disclosures that will be made on the unattended donation box as required by LEMC 5.34.040(A)(3); and
4. The physical address of the property owner’s real property, and a site plan accurate and to scale to sufficiently indicate the proposed location of the unattended donation box on the property owner’s real property and the size of the proposed unattended donation box;
5. If the applicant is not the property owner of the real property, the application shall also include the signed written consent of the property owner.
C. The operator who will utilize the unattended donation box shall be qualified to solicit donations of salvageable personal property. A fee shall be required pursuant to City Council resolution as may be amended from time to time.
D. Applications shall be filed with the Community Development Department.
E. The City shall not issue a permit unless:
1. The applicant has submitted a complete and accurate application;
2. The operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property;
3. The proposed location of the unattended donation box on the property owner’s real property is in compliance with all applicable laws.
F. If the City denies an application, the specific reasons for the denial shall be provided in writing.
G. The term of the permit shall expire one year from the date of issuance.
H. No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person.
I. Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Community Development Department in writing of the intent to cancel the permit. [Ord. 1345 § 1, 2015; Ord. 1302 § 1, 2012].
5.34.030 Renewal of permits.
The City may approve the renewal of a permit upon the submission of a renewal application, and so long as the Community Development Director 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 as specified in LEMC 5.34.020 or that would justify the revocation of the permit as specified in LEMC 5.34.080. [Ord. 1345 § 1, 2015; Ord. 1302 § 1, 2012].
5.34.040 Operational requirements.
A. A permittee shall operate and maintain or cause to be operated and maintained all unattended donation boxes located in the City as follows:
1. Unattended donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti.
2. Unattended donation boxes shall be locked or otherwise secured.
3. Unattended donation boxes shall contain the following contact information in two-inch type visible from the front of each unattended donation box: the name, address, email, and phone number of both the permittee and operator.
4. Unattended donation boxes shall be serviced and emptied as needed, but at least every seven days.
5. Unattended donation boxes shall be no more than 82 inches high, 56 inches wide and 49 inches deep.
6. Unattended donation boxes shall be for salvageable textile materials only. No hazardous materials shall be permitted and if left shall be immediately removed and properly disposed.
7. Unattended donation box materials shall be deposited within the boxes only. Items left outside the boxes shall be immediately removed by the permittee.
8. Unattended donation box permittees shall provide reports to the City of materials received on a quarterly basis.
B. The permittee shall maintain or cause to be maintained the area surrounding the unattended donation box(es) free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation.
C. Notwithstanding any other provision of this chapter, it is unlawful for any person to place an unattended donation box in any residential district or on any vacant parcel.
D. Notwithstanding any other provision of this chapter, it is unlawful to locate any unattended donation box less than 1,000 feet from any other unattended donation box except as otherwise permitted in writing on a case-by-case basis by the Community Development Director based upon special circumstances.
E. Notwithstanding any other provision of this chapter, it is unlawful to locate more than one unattended donation box on each parcel of real property.
F. Notwithstanding any other provision of this chapter, it is unlawful to locate any unattended donation box on required parking spaces or within vehicle access aisles. [Ord. 1345 § 1, 2015; Ord. 1302 § 1, 2012].
5.34.050 Summary removal of junk and debris by City.
The Community Development Director is hereby authorized to summarily remove any junk, debris or other material in the area surrounding an unattended donation box if such junk, debris or other material constitutes a serious risk to the public’s health and safety or is a public nuisance pursuant to Chapter 8.18 LEMC. The permittee shall be responsible to the extent provided by law for the cost to remove such junk, debris or other material. [Ord. 1345 § 1, 2015; Ord. 1302 § 1, 2012].
5.34.060 Summary removal of unattended donation box(es) on public property.
The Community Development Director is hereby authorized to summarily remove any unattended donation box(es) on public property, including the public right-of-way. The owner of such unattended donation box(es) shall be responsible for the cost of removal, temporary storage and disposal of such unattended donation box(es) to the extent provided by law. [Ord. 1345 § 1, 2015; Ord. 1302 § 1, 2012].
5.34.070 Nuisance abatement of unpermitted unattended donation boxes.
The City Council does hereby find that any unpermitted unattended donation box is a public nuisance. In the event the owner of private property upon which an unpermitted unattended donation box has been placed declines to remove such box within three days after service of a notice to remove such box, the affected property shall be subject to the nuisance abatement process set forth in Chapter 8.18 LEMC. [Ord. 1345 § 1, 2015; Ord. 1302 § 1, 2012].
5.34.080 Revocation of permit, removal of unattended donation boxes and liability.
The Community Development Director shall have the right for cause to revoke any permit issued hereunder. Any of the grounds upon which he or she may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this chapter or other law shall also constitute grounds for revocation of the permit. The Community Development Director shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended donation box shall be removed from the permittee’s real property within three days, and if not removed within this time period, the City may remove, store and dispose of the unattended donation box at the expense of the permittee. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. [Ord. 1345 § 1, 2015; Ord. 1302 § 1, 2012].