HomeMy WebLinkAbout1299 Donation Bins s ,R 1111111 VIII VIII 11111 11111 VIII VIII VIII VIII VIIIIIIIIgiI
2016103149
ORDINANCE NO. 1299-16
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS,
FLORIDA,CREATING SECTION 122.00 OF THE CODE OF
ORDINANCES, REGULATING THE PLACEMENT OF
DONATION BINS WITHIN THE CITY; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERABLITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,donation bins have been placed on private and municipally owned properties
without authorization of the respective property owners;
WHEREAS, many donation bins are not regularly collected, overflow and become
depositories for discarded items or other uncollected refuse; and
WHEREAS, this ordinance established rule and regulations governing the placement and
use of donation bins within the City of Zephyrhills.
NOW THEREFORE, BE IT ENACTED, AND ORDAINED BY THE CITY
COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA,AS FOLLOWS:
SECTION 1. Creating Section 122.00, Donation Bins,which shall read as follows:
Section 122.00. Intent.
The intent of this article is to regulate the placement of donation bins within the City of
Zephyrhills to promote the health, safety, and general welfare of citizens of the city.
A. Definitions.
As used in this article, the following words or phrases shall have the meaning ascribed to
them below unless the context clearly indicates otherwise:
Building Official shall mean the Building Official of the City of Zephyrhills, or his/her
designee.
Donation bin shall mean any stationary or free-standing container, receptacle or similar
device that is located outdoors on any property within the city and is used for the
solicitation and collection of donated items, such as clothing, books, shoes or other non-
perishable personal property. This term does not include any of the following: (1) a bin
used for the solicitation and collection of donated items associated with a special event,
provided the bin is removed when the special event ends, but in no event later than forty-
eight(48)hours after being placed at the special event site; (2)a mobile trailer used for the
solicitation and collection of donated items, provided it complies with all applicable
ordinances and regulations, including those relating to special events; and (3)a recycle bin
for the collection of recyclable materials, such as paper and cardboard, associated with the
not-for-profit organization.
Permit shall mean a permit issued by the zoning manager or designee to operate a donation
bin pursuant to this article.
Permittee shall mean the person or entity that owns the donation bin and in whose name a
permit to operate a donation bin has been issued under the terms and provisions of this
article.
Property owner shall mean the owner of fee simple title of record or the owner's authorized
agent.
„ / Solicitation shall mean as defined by F.S. § 496.404, as may be amended.
v Rcpt: 1783227 Rec: 44.00
D5: 0.00 IT: 0.00
Record and Return to: 07/01/2016 J. R. , Dpty Clerk
City Clerk's Office
5335 8th Street PAULA S.O'NEIL:Ph 0 PASCO CLERK & COMPTROLLER
Zephyrhills, FL 33542 07/01/2016 11:56am 1 of 5
OR BK 9391 PG 1257
OR BK 9391 PG 1258
2 of 5 ' s
B. Permit required.
No person shall place, use or operate a donation bin in the City without obtaining a permit
pursuant to this article. The operator of a donation bin in existence as of June 1, 2016, the
date of adoption of the ordinance from which this article derives,shall have until September
1, 2016, to either apply for and obtain a permit under this article or remove the donation
bin.
C. Permit application.
(1) An application for a permit shall be made to the Building Official or designee on a
form prescribed by the Building Official. The applicant shall pay an application fee of
$50.00. Such application shall include, at a minimum, all of the following information:
(a) A map or sketch showing the location where the donation bin will be
situated.
(b) A drawing or manufacturer's specification of the donation bin and
information regarding the size and color of the donation bin.
(c) The name, address and telephone number of the applicant.
(d) A copy of the Florida Department of Environmental Protection (FDEP)
permit as a Certified Recovered Materials Dealers, issued pursuant to F.S. § 403.7046,
unless the applicant shows that an FDEP rule exempts it from F.S. § 403.7046.
(e) Written consent from the property owner to place the donation bin on the
property.
(f) Written authorization from a non-profit organization to display affiliation
with the non-profit organization.
(2) Within fourteen (14) days of receipt of a completed application, the Building
Official or designee shall issue a letter to the applicant approving the permit application,
with or without conditions, or denying the application.
D. Standards and criteria.
(1) A donation bin shall be limited to a maximum floor area of twenty-five(25)square
feet and a maximum of seven(7) feet in height.
(2) A donation bin shall be limited to one (1) bin per parcel or lot, except that one (1)
additional donation bin may be permitted if the parcel or lot has more than three hundred
(300) feet of road frontage. Each Permittee shall be limited to one donation bin within the
City.
(3) A donation bin shall be maintained in good condition and appearance with no
structural damage, holes, or visible rust, and shall be free of graffiti.
(4) Signage shall be required on at least two (2) sides of a donation bin, provided that
one(1) sign shall be located on the front or depositing side of the receptacle. Signage shall
only advertise the donation bin's: (1)permittee,and(2)if applicable,benefitting foundation
or organization. A donation bin operated by a person or entity other than a non-profit
perinittee shall include the following statement on the depositing side of the bin, not less
than two (2) inches below the bin chute, in conspicuous and clear lettering at least two (2)
inches high: "[Permittee naive] is not a charitable organization. The materials deposited in
this bin are recycled and sold for profit, and are not tax deductible contributions. [name,
address and telephone number of permittee]" A permittee's donation bin with a benefitting
foundation or organization may also state: "A portion of the proceeds of the sale of the
materials deposited in this bin benefits [name of benefitting foundation or
organization][name, address and telephone number of permittee]."
OR BK 9391 PG 1259
3 of 5
(5) A donation bin shall not be located on an unimproved parcel or lot.
(6) The permittee shall maintain or cause to be maintained the area surrounding a
donation bin free of junk, garbage, trash, debris or other refuse material. In addition, a
donation bin shall be emptied at least every seventy-two (72) hours.
(7) A donation bin shall have a security or safety chute and tamper proof lock to prevent
or deter intrusion and vandalism.
(8) The permittee and property owner shall be individually and jointly responsible for
abating and removing all junk, garbage, trash, debris and other refuse material in the area
surrounding a donation bin within seventy-two (72) hours of written or verbal notice from
the city.
(9) The permittee and property owner shall be individually and severally responsible
for all costs related to abating and removing any junk, garbage, trash, debris and other
refuse materials from the area surrounding a donation bin.
(10) A donation bin shall be located on an improved impervious surface and shall be
anchored to such surface.
(11) A donation bin shall only be allowed as an accessory use in the commercial and
industrial zoning districts.
(12) A donation bin shall not be located in any of the following areas:
(i) Required parking spaces;
(ii) Public or private right-of-way;
(iii) Drive aisles;
(iv) Required landscaped areas;
(v) Sight triangle;
(vi) Pedestrian circulation areas;
(vii) Within one hundred (100) feet from a residentially zoned
district; or
(viii) Within the setback of the applicable zoning district.
E. Display of permit.
The following information shall be clearly and prominently displayed on the
exterior of the donation bin:
(1) The approved tag, which shall be placed on the front or depositing side of the
receptacle; and
(2) The name of the permittee and the permittee's, logo, trademark or service mark,
local physical address, telephone number, e-mail address, and for-profit or non-profit
status.
F. Issuance; forms and conditions of permit.
(a) The permit shall be issued on a form prescribed by the Building Official.
The permit shall identify the exact location of the donation bin on the property.
(b) The permit shall not be transferable.
(c) The permit shall be effective for one (1) year, subject to annual renewal.
G. Permit fee.
OR BK 9391 PG 1260
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The permittee shall pay an annual permit fee of $75.00. No prorations may be
allowed for permits less than one (1) year in duration or for permits suspended or revoked
pursuant to this article.
H. Revocation or suspension of permit.
The Building Official shall have the authority to suspend or revoke a donation bin permit
for the following reasons:
(1) A necessary business permit or state registration has been suspended,
revoked or cancelled.
(2) Failure to correct a violation of this article or any condition of the permit
within three (3)days of receipt of a code enforcement notice of violation.
(3) The permittee provided false or misleading information on the application
which was material to the approval of the permit.
The Building Official or designee shall notify the permittee in writing whether the
permit is being suspended or revoked,and the reason therefore.If the action of the Building
Official is based on subsection (1) or (3), the action shall be effective upon permittee's
receipt of the notice. If the action is based on subsection (2), the action shall become
effective ten (10) days following permittee's receipt of the notice, unless such action is
appealed to the board of zoning adjustment pursuant to this article.
Nothing in this section shall be construed to otherwise limit the city's police powers.
I. Appeals.
(a) The Building Official's decision to deny a permit application or to suspend
or revoke a donation bin permit may be appealed to the board of adjustment. The permittee
shall submit a written notice of appeal to the zoning manager within ten(10)days of receipt
of the Building Official's decision. The Building Department shall schedule a hearing
before the board of adjustment within thirty (30) days of receiving the notice.
(b) The board of adjustment shall conduct a hearing on the appeal within sixty
(60) days after the filing of the notice of appeal, or as soon thereafter as its calendar
reasonably permits. The recommendation of the board of adjustment shall be forwarded to
the City Council.
(c) The filing of a notice of appeal by a permittee shall not stay an order of the
Building Official to remove the donation bin. The donation bin shall be removed as
required by the Building Official pending disposition of the appeal and final decision of
the City Council.
J. Penalties.
Any person who operates or causes to be operated a donation bin without a valid
permit or any person or permittee who violates any provision of this article, regardless of
whether the donation bin is permitted under this article, shall be subject to any one (1) or
more of the following penalties and/or remedies:
(1) A violation of any provision of this article may be enforced through the
City's code enforcement process and F.S. ch. 162;
(2) City may bring a lawsuit in a court of competent jurisdiction to pursue
temporary or permanent injunctive relief or any other legal or equitable remedy authorized
by law to cure, remove, prevent, or end a violation of any provision of this article, and
furthermore, in the event the City removes a donation bin from the public right-of-way,the
owner of the donation bin shall be responsible for the cost of removal; and
(3) A violation of any provision of this article may be punished as provided in
OR BK 9391 9G 1261
the Zephyrhills Code.
K. Responsibility and liability of owner of donation bin, permittee, and
property owner.
The owner of the donation bin,the perniittee,and the owner of any private property
upon which a violation of this article occurs may be held individually and severally
responsible and liable for such violation.
SECTION 2. If any provision of this Ordinance or the particular application of this Ordinance
shall be held invalid by an y Court, administrative agency or other body with appropriate
jurisdiction,the remaining section, subsection, sentences, clauses or phrases shall remain in effect.
SECTION 3. That all other ordinances or parts of ordinances in conflict with this ordinance are,
to the extent the same may be in conflict, repealed.
SECTION 4. Codification of this ordinance in the Code of Ordinances of the City of Zephyrhills
is hereby authorized and directed.
SECTION 5. This ordinance shall take effect upon its adoption in accordance with the law.
The,foregoing Ordinance No. 1299-16 was read and passed on the first reading in an open and
regular eeting of the City Council of the City of Zephyrhills, Florida, on this 13th day of June,
2t16. .,
�4.test•
s Lori L. Hillman, City Clerk Kenneth V. Compton, Council President
t `.' I N .
The foregoing Ordinance No. 1299-16 was read and passed on the second reading,
following a public hearing, in an open and regular meeting of the City Council of the City of
Zephyrhills, Florida, on this 27th day of June, 2016.
Attest: 2Z2
Lori L. Hillman, City Clerk Kenneth V. Compton, Council President
• '� The foregoing Ordinance No. 1299-16 was ap ved by me this 27th day of June, 2016.
Gene tfield, or
Approved as to legal form and legal content
for the reliance of the City of Zephyrhills only:
oseph A. Poblick, City Attorney