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Home My WebLink AboutCity Council Agenda Item No 071 i z4sfii 11 r TO: HONORABLEMAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS INTERIM CITY MAUAGER- DATE: MAY 81 2012 SUBJECT: SECOND READING -- ORDINANCE NO. 2012-1302 AN ORDINANCE ELSINORE, CALIFORNIA, ADDING CHAPTER TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING REGULATION OF UNATTENDED DONATION BOXES Discussion Ordinance No. 2012 -1302 was introduced at the regular City Council meeting held on April 24, 2012 and is now being presented for second reading and adoption. Waive further reading and adopt by title only ordinance No. 2012 -1302 by roll -call vote: ORDINANCE ! 2012-1302 AN OR CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER O LAKE ELSINORE MUNICIPAL CODE CONCERNING REGULATION OF ' i i DONATION BOXES Prepared by: Virginia J. Bloom, City Clerk Approved b : Thomas P. Evans, Interim Cit pp y g Attachment: ordinance No. 2012 -1302 i • � � • AN ORDINANCE OF THE CITY COUNCIL OF TH CITY OF LAKE ELSINORE, CALIFORNIA, ADDIN CHAPTER 5.34 TO THE LAKE ELSINOR MUNICIPAL CODE CONCERNING REGULATIO OF UNATTENDED DONATION BOXES THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, # A RDAINS AS FOLLOWS: SECTION 1. That Chapter 5.34 of the Lake Elsinore Municipal Code is hereb added as follows: 2 5.34.010 Definitions. "Cit mana means the cit mana of the Cit of Lake Elsinore or desi "Operator" means a person who utilizes or maintains unattended donation box to solicit donations of salva personal propert "Permittee" means the propert owner and/or operator who is issued a permit authorizin placement of unattended donation box "Propert owner" means the person who owns the real propert where the unattended donation box are or are proposed to be located. "Residential district" means R - -R, R-R, R-E, R-H, R-1, R-2, R-3, and MC zonin districts as established pursuant to Title 17 of this code. "Unattended donation box" means an unattended container, bin, box, or similar receptacle that is located on an lot within the cit and that is used for solicitin and collectin donations of clothin or other salva personal propert This term does not include rec bins for the collection of rec material g overned or re b the zonin code or an unattended donation box located within a buildin A. It is unlawful and a public nuisance for an propert owner or other person to place, operate, maintain or allow unattended donation boxes on real propert unless the propert owner first obtains a permit pursuant to this chapter Ordinance No. 2012-1302 Pa 2 of 6 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 b the cit clerk and shall include the followin 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 q ualified to solicit donations of salva personal propert pursuant to California Welfare and Institutions Code Section 148.3, as amended; 3. The text of the disclosures that will be made on the unattended donation box as re b Section 5.34.040 and 4. The ph address of the propert owner's real propert and a drawin sufficient to indicate the proposed location of the unattended donation box on the propert owner's real propert and the size of the proposed unattended donation box; 5. If the applicant is not the propert owner of the real propert the application shall also include the si written consent of the propert owner. C. So lon as the operator who will utilize the unattended donation box is q ualified to solicit donations of salva personal propert pursuant to California Welfare and Institutions Code Section 148.3, no fee shall be re D. Applications shall be filed with the cit clerk. F. The cit 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 q ualified to solicit donations of salva personal propert pursuant to California Welfare and Institutions Code Section 148.3, as amended; 3. The proposed location of the unattended donation box on the propert owner's real propert is in compliance with all applicable laws. G. If the cit denies an application, the specific reasons for the denial shall be provided in writin Pa 4 of 8 Ordinance No. 2012-1302 Pa 3 of 6 H. The term of the permit shall expire one y ear from the date of issuance. 1. No person to whom a permit has been issued shall transfer, assi or conve such permit to another person. J. Prior to expiration of the permit, the permittee ma voluntaril cancel the permit b notif the cit clerk in writin of the intent to cancel the permit. 5.34.030 Renewal of permits. The cit shall approve the renewal of a permit upon the submission of a renewal application, and so lon as the cit mana finds that no circumstances existed durin the term of the permit, existed at the time of submission of an application for renewal, or existed at an time durin the review of the application for renewal that are inconsistent with an findin re for approval of a new permit as specified in Section 5.34.020 or that would j ustif y the revocation of the permit as specified in Section 5.34.050. 5.34.040 Re and maintenance. A. A permittee shall operate and maintain or cause to be operated and maintained all unattended donation boxes located in the cit as follows: 1. Unattended donation boxes shall be maintained in g ood condition and appearance with no structural dama holes, or visible rust, and shall be free of g raffiti; 2. Unattended donation boxes shall be locked or otherwise secured; 3. Unattended donation boxes shall contain the followin contact information in two-inch t 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 ever fourteen ( 14 ) da 5. Unattended donation boxes shall be no more than ei (82) inches hi fift (56) inches wide and fort ( 49 ) inches deep. B. The permittee shall maintain or cause to be maintained the area surroundin the unattended donation box free of an junk, debris or other material and shall be responsible to the extent provided b law for the cost to abate an violation. Ordinance No. 2012-1302 Pa 4 of 6 C. Notwithstandin an other provision • this chapter, it is unlawful for an person to place an unattended donation box in an residential district or on an vacant parcel., D. Notwithstandin an other provision of this chapter, it is unlawful to locate an unattended donation box less than four hundred (400) feet from an other unattended donation box. E. Notwithstandin an other provision of this chapter, it is unlawful to locate more than one unattended donation box on each parcel of real propert F. Notwithstandin an other provision of this chapter, it is unlawful to locate an unattended donation box on re parkin spaces. 9.34.050 Summar removal of j unk and debris b Cit The cit mana is hereb authorized to summaril remove an junk, debris or other material in the area surroundin an unattended donation box if such junk, debris or other material constitutes a serious risk to the public's health and safet The permittee shall be responsible to the extent provided b law for the cost to remove such junk, debris or other material. 9.34.060 Summar removal of unattended donation box on public propert The cit mana is hereb authorized to summaril remove an unattended donation box on public propert includin the public ri of wa The owner of such unattended donation box(es) shall be responsible for the cost of removal, temporar stora and disposal of such unattended donation box to the extent provided b law. 9.34.070 Nuisance abatement of unpermitted unattended donation boxes. The cit council does hereb find that an unpermitted unattended donation box is a public nuisance. In the event the owner of private propert upon which a unpermitted unattended donation box has been placed declines to remove such box within three da after service of a notice to remove such box, the affected propert shall be sub to the nuisance abatement process set forth in Chapter 8.18 LEIVIC. 5.34.080 Revocation of permit, removal of unattended donation boxes and liabilit The cit mana shall have the ri for cause to revoke an permit issued hereunder. An of the g rounds upon which he or she ma refuse to issue *rdinance No. 2012-1302 Pa 5 • 6 an initial permit shall also constitute g rounds for such revocation. In addition, th failure of the permittee to compl with the provisions of this chapter or othe provisions of this chapter or other law shall also constitute g rounds for revocatio of the permit. The cit mana shall provide a written notification to th permittee statin the specific g rounds for revocation. Upon revocation, th unattended donation box shall be removed from the permittee's real proper-1 within thirt (30) da and if not removed within this time period, the cit ma remove, store and dispose • the unattended donation box at the expense of th permittee. Upon revocation, a permittee shall be prohibited from appl for permit for a period of one y ear. SECTION 2. If an provision, clause, sentence or para of this Ordinance or the application thereof to an person or circumstance shall be held invalid, such invalidit shall not affect the other provisions of this Ordinance and are hereb declared to be severable. SECTION 3. This Ordinance shall take effect thirt ( 30 ) da after the date of its final passa The Cit Clerk shall certif as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner re b law. PASSED, APPROVED, AND INTRODUCED at a re meetin of the Cit Council of the Cit of Lake Elsinore, California, on the 24th da of April, 2012, and adopted at a re meetin of the Cit Council of the Cit of Lake Elsinore, California, on the 8th da of Ma 2012. Brian Tisdale, Ma Cit of Lake Elsinore Cit Council ATTEST: Vir J. Bloom, Cit Clerk Barbara Leibold, Cit Attorney Ordinance Ro. 2012-1302 Pa ♦ of 6 STATE OF CALIFORNIA SS COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE 1, VIRGINIA BLOOM, Cit Clerk of the Cit of Lake Elsinore, California, hereb certif that Ordinance No. 2012-1302 was introduced at a re meetin of the Cit Council of the Cit of Lake Elsinore on the 24 th da of April, 2012, and was finall passed at a re meetin of the Cit Council of the Cit of Lake Elsinore held on the 8th da of Ma 2012, b the followin roll call vote: AYES: NOES: ABSENT: 4,13ST&IIJ: Vir J. Bloom, CMC Cit Clerk 9.•" i i i