Loading...
HomeMy WebLinkAboutOrd. No. 2012-1302ORDINANCE NO. 2012 -1302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.34 TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING REGULATION OF UNATTENDED DONATION BOXES THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 5.34 of the Lake Elsinore Municipal Code is hereby added as follows: Chapter 5.34 Regulation of Unattended Donation Boxes 5.34.010 Definitions. "City manager" means the city manager 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 person who owns the real property where the unattended donation box(es) are or are proposed to be located. 'Residential district' means R -M -R, R -R, R -E, R -H, R -1, R -2, R -3, and MC zoning districts as established pursuant to Title 17 of this code. "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. 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 Ordinance No. 2012 -1302 Page 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 by the city clerk 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 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 required by Section 5.34.040(A)(3); and 4. The physical address of the property owner's real property, and a drawing sufficient to 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. So long as the operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property pursuant to California Welfare and Institutions Code Section 148.3, no fee shall be required. D. Applications shall be filed with the city clerk. F. 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 pursuant to California Welfare and Institutions Code Section 148.3, as amended; 3. The proposed location of the unattended donation box on the property owner's real property is in compliance with all applicable laws. G. If the city denies an application, the specific reasons for the denial shall be provided in writing. Ordinance No. 2012 -1302 Page 3 of 6 H. The term of the permit shall expire one year from the date of issuance. I. No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person. J. Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the city clerk in writing of the intent to cancel the permit. 5.34.030 Renewal of permits. The city shall approve the renewal of a permit upon the submission of a renewal application, and so long as the city manager 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 Section 5.34.020 or that would justify the revocation of the permit as specified in Section 5.34.050. 5.34.040 Requirements and maintenance. 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 fourteen (14) days; 5. Unattended donation boxes shall be no more than eighty -two (82) inches high, fifty -six (56) inches wide and forty -nine (49) inches deep. 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. Ordinance No. 2012 -1302 Page 4 of 6 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 four hundred (400) feet from any other unattended donation box. 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. 9.34.050 Summary removal of junk and debris by City. The city manager 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. The permittee shall be responsible to the extent provided by law for the cost to remove such junk, debris or other material. 9.34.060 Summary removal of unattended donation box(es) on public property. The city manager 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. 9.34.070 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 a 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. 5.34.080 Revocation of permit, removal of unattended donation boxes and liability. The city manager 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 Ordinance No. 2012 -1302 Page 5 of 6 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 city manager 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 thirty (30) 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. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 24th day of April, 2012, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 8th day of May, 2012. aj7;D CLJ Brian isdale, Mayor City of Lake Elsinore City Council ATTEST: Virginia . Blo , City Clerk 'ItI Hu �1l0 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE 1 I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2012 -1302 was introduced at the regular City Council meeting of April 24, 2012 and adopted at the regular meeting of the 8th day of May 2012, by the following roll call vote: AYES: Mayor Pro Tern Hickman, Council Member Weber, Council Member Magee, and Mayor Tisdale NOES: Council Member Melendez ABSENT: None ABSTAIN: None is J/ Blom, CMC City