§ 21-13. Donation drop boxes.

(1)

Definitions.

Donation drop box means any unattended container, receptacle, or similar device that is located on any property within the City that is used for soliciting and collecting donations of clothing, home-goods, furniture or other salvageable personal property. This term does not include recycle bins for the collection of materials governed by other sections of this Code or any unattended donation drop box located within an enclosed building.

Operator means the person or entity which utilizes or maintains unattended donation drop box(es) to solicit donations of salvageable personal property.

Property owner means the person or entity which owns the real property where the unattended drop box is located.

(2)

Permits.

a.

It shall be a violation of this Code and a public nuisance for any property owner or other person or entity to place, operate, maintain or allow an unattended donation box 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 of the provisions of this chapter.

b.

The permit application for donation drop boxes shall be made on a form provided by the Building Department and shall include the following information:

1.

The name, address, phone number(s) and e-mail address (if applicable) of the owner of the property upon which the donation drop box is proposed to be located;

2.

The name, address, phone number(s), e-mail address and website (if applicable) of the entity which shall own, place, operate and maintain such donation drop box ("operator");

3.

A drawing sufficient to indicate the proposed location of the donation drop box on the property owner's real property and the size of the donation drop box in measurement of height, width and length;

4.

The permit application must be signed by the real property owner or by someone duly authorized by the real property owner indicating consent to allow placement of a donation drop box.

c.

Each application shall be accompanied by a non-refundable fee in the amount of one hundred and fifty dollars ($150.00) for each donation drop box. The City of Bristol shall be exempt from payment of the application fee.

d.

Applications shall be filed with the Building Department.

e.

Within five (5) days of receiving a completed permit application with the required non-refundable fee the Chief Building Official shall issue a permit or deny issuance of a permit. If a permit is denied the Chief Building Official shall state, in writing, the specific reasons for denial.

f.

The Building Department shall not issue a permit unless:

1.

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

2.

The proposed location of the donation drop box on the property owner's real property is in compliance with all applicable laws, codes and ordinances.

g.

The term of the permit shall expire one (1) year from the date of issuance.

h.

Permits for placement of donation drop boxes are not transferable, assignable and cannot be conveyed to another person or entity.

i.

Prior to the expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Building Department in writing of the intent to cancel the permit. The permit shall then become void upon receipt of such notice to Building Department. No part of the permit fee is refundable or pro-rated.

j.

The chief building official reserves the right to revoke any permit.

(3)

Renewal of permits.

a.

A property owner may apply for permit renewal by submitting to the building department before the expiration of the permit, a renewal application and a non-refundable renewal fee in the amount of one hundred and fifty dollars ($150.00).

b.

The building department shall either approve or deny the renewal of a permit within sixty (60) days of receipt of the complete renewal application and payment of the renewal fee.

c.

The building department 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 as specified in subsection 21-13(2) or that would justify the revocation of the permit as specified in subsection 21-13(4).

(4)

Requirements and maintenance.

a.

An operator shall operate and maintain or cause to be operated and maintained all unattended donation drop boxes located in the city as follows:

1.

Unattended donation drop 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 drop boxes shall be locked or otherwise secured;

3.

Unattended donation drop boxes shall contain the following contact information in two-inch type visible from the front of each unattended donation drop box: the name, address, e-mail, and phone number of both the property owner and operator;

4.

Unattended donation drop boxes shall be serviced and emptied as needed, but at least every thirty (30) days.

5.

Unattended donation drop boxes shall be no more than eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49) inches deep.

b.

The operator shall maintain or cause to be maintained the area surrounding the unattended donation drop 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 Code, it is unlawful for any person or entity to place an unattended donation drop box in any residential zone.

d.

Notwithstanding any other provision of this Code, it is unlawful to locate any unattended donation drop box less than four hundred (400) feet from any other unattended donation drop box.

e.

Notwithstanding any other provision of this Code, it is unlawful to locate more than one (1) unattended donation drop box on each parcel of real property.

f.

Notwithstanding any other provision of this Code, it is unlawful to locate any unattended donation drop box on required parking spaces or within vehicle travel lanes.

g.

Notwithstanding any other provision of this Code, it is unlawful to locate any unattended donation drop box on any city-owned property without authorization.

h.

With the exception of the provisions of section 21-13, subsections (1), (4)a., (4)b., and (6), this section shall not apply to any donation drop box that is located on premises that is owned or leased by any religious, charitable or eleemosynary organization.

(5)

Revocation of permit, removal of unattended donation boxes and liability. The building department 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 property owner or operator 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 building department shall provide a written notification to the property owner and operator stating the specific grounds for revocation. Upon revocation, the unattended donation box shall be removed from the property owner's real property within ten (10) 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 operator. Upon revocation, a property owner shall be prohibited from applying for a permit for a period of one (1) year. Any violation of the provisions of this chapter is a public nuisance subject to abatement pursuant to this Code.

(6)

Violation; penalty. Any person or entity violating any provision of this chapter is guilty of an infraction subject to penalties pursuant to Code Section 1-11.

(7)

Effective date. The provisions of Code Section 21-13 as enacted by this section shall apply to all unattended donation drop boxes located within the city as of the effective date of this section. All persons who have one (1) or more unattended donation drop boxes located on their real property as of the effective date of this section shall have sixty (60) days from that date to file an application for a permit as provided for in this chapter. Any such person who has filed a timely application for a permit shall not be subject to the provisions of this chapter relating to unattended donation drop boxes until a permit is issued or denied to the applicant.

(Ord. of 3-11-14; Ord. of 10-13-15)