4481 Charitable Donation BinsOrdinance No. 2018-4481
An Ordinance of the City of Sanford, Florida relating to outdoor
storage and charitable donation bins; providing for legislative
findings and intent; providing for regulations and processes;
amending Section 10.0 of Schedule "E" of the Code of Ordinances of
the City of Sanford (Land Development Regulations) while enacting
police power regulations relating to charitable donation bins;
providing for permitting, regulations, prohibitions and implementing
administrative actions; providing for enforcement; providing for a
savings provision; providing for conflicts; providing for severability;
providing for codification as well as the correction of scrivener's
errors and providing for an effective date.
Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent.
The City Commission of the City of Sanford hereby adopts and incorporates into
this Ordinance the matters set forth in the City Commission agenda memorandum
relating to this Ordinance as the legislative and administrative findings and intent of the
City Commission.
Section 2. Outdoor Storage, Amendment To Section 10.0, Schedule "E",
Land Development Regulations. Section 10.0 of Schedule "E" of the Code of
Ordinances of the City of Sanford (Land Development Regulations) are amended to
read as follows (underlined text is new language and stFikethrough te)d is deleted text):
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(1). Outdoor Storage; Generally. All outdoor storage and/or display accessory to
miscellaneous business and services, commercial amusements, wholesale and storage
and manufacturing shall comply with the following regulations:
A. Outdoor storage and/or display shall be prohibited for all GhaFitable ergaRizatiens-,
miscellaneous business and services, commercial amusements, wholesales and
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storage and/or manufacturing activities which are by definition required to be indoors.
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B. Outdoor storage and/or display may shatl be permitted for all miscellaneous business
and services, commercial amusements, wholesale and storage and/or manufacturing
which are by-defiRi#+e14 permitted to be outdoors, provided, however, that no such
outdoor display and/or storage of equipment, vehicles, materials, structures, buildings,
fuel, tanks, merchandise, products or materials is prohibited shall be peFmitted within
any required front or side yard or building setback.
C. The term 'outdoor storage and/or display" when used in conjunction with the term
"outdoor" related to domestic and business service, landscaping service establishment,
auction sales establishment, aircraft sales establishment, small animal boarding kennel,
veterinarian and animal hospital and/or commercial amusements or when used in
conjunction with the term "outdoor" and/or "tank" related to nonhazardous and/or
hazardous wholesale and storage and/or manufacturing shall include the outdoor
storage and/or display of equipment, vehicles, materials, structures, buildings, fuel,
tanks, merchandise, products, goods, commodities or other similar items that may be
identified by the Administrative Official. All such outdoor storage and/or display shall be
surrounded by a continuous, nonperforated and solid wall or fence at least seven feet
(7) in height. Such wall or fence shall be subject to approval aeved by the Planning
and Zoning Commission and shall be maintained in conformance with this Schedule for
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as long as the use continues to exist. Such wall or fence shall not be utilized for
advertisements angor the placement of signs. When such wall or fence abuts a street
right-of-way, the side of the wall or fence facing such right-of-way shall be landscaped in
a manner subject to approval approved by the Planning and Zoning Commission.
Section 3. Regulation Of Charitable Donation Bins. The following
provisions are added as all new language to the Code of Ordinances of the City of
Sanford as police power regulations:
A. Definitions.
As used in this Ordinance the following terms have the following meanings:
Charitable Organization means a tax exempt organization under the provisions of
Section 501(c)(3) of the Internal Revenue Code (IRC) which provides, as set forth in the
IRC, for charitable, religious, educational, scientific, literary, testing for public safety,
fostering national or international amateur sports competition, and the prevention of
cruelty to children or animals purposes. The term charitable in the IRC is used in its
generally accepted legal sense and includes relief of the poor, the distressed, or the
underprivileged; advancement of religion; advancement of education or science;
erection or maintenance of public buildings, monuments, or works; lessening the
burdens of government; lessening neighborhood tensions; eliminating prejudice and
discrimination; defending human and civil rights secured by law; and combating
community deterioration and juvenile delinquency. Religious, educational, political and
governmental agencies are organizations that not required to be registered with the
Florida Department of Agriculture and Consumer Services (FDACS)' while most all
other charitable organizations are required to register and file financial information with
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the FDACS2.
Charitable Donation Bin means a stationary or free standing container, receptacle or
similar device that is located outdoors on any property within the City and used for the
collection of non -hazardous donated and non-perishable property items for the purpose
of charitable solicitation.
Charitable Donation Bin Operator means a company, organization or person that is
registered with the State of Florida Charitable Solicitation Division that owns and/or
operates donation bins for the purpose of charitable solicitation.
Permit means a permit issued by the City Manager, or designee, to operate a charitable
donation bin pursuant to this Ordinance.
B. Registration And Permitting; Charitable Donation Bins.
(a). A charitable donation bin operator shall register with and obtain a permit from the
City prior to placing a charitable donation bin within the City.
(b). The registration and permit application for a charitable donation bin shall include,
at a minimum:
(1). The applicant's name, local address and phone number, website and name of
the responsible party.
(2). Proof of registration with Florida Department of Agriculture and Consumer
Services or proof of exemption from such requirement.
(3). A site map of the proposed locations of each charitable donation bin within the
City.
' See Section 496.406, Florida Statutes.
2 Sec Section 496.405, Florida Statutes.
(4). An affidavit executed by an appropriate person acknowledging that a permit does
not entitle the charitable donation bin operator to place a charitable donation bin on
private or public property without notarized written consent of the property owner.
(c). A charitable donation bin may be permitted for a renewable duration not to
exceed 12 months.
(d). Each renewal requires a new permit application and fee. Unless and until a fee is
established by resolution of the City Commission, the application and permit fee under
this Ordinance shall be $50.00 per year or part of a year for each charitable donation
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(e). Permit applications shall be granted by right in an expeditious manner subject to
compliance with the provisions of this Ordinance.
(f). The property owner shall control the charitable donation bin permit located on the
owned property. The property owner or authorized agent may rescind his/her/its
authorization for the charitable donation bin at any time and the permit shall be revoked
upon such rescission.
(g). Nothing in this Ordinance prohibits a property owner from removing a charitable
donation bin regardless of whether said charitable donation bin is permitted or not
permitted. A property owner retains the right to remove and dispose of an unwanted
charitable donation bin at any time under controlling law.
(h). The permit:
(1). Shall be issued on a form prescribed by the City Manager, or designee.
(2). Shall identify the exact location of the collection bin on the property.
(3). Shall not be transferable.
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(4). Shall be effective for the year of issuance.
(5). Shall be subject to annual renewal.
(i). As a condition of each permit, the following information shall be clearly and
prominently displayed on the exterior of each charitable donation bin:
(1). The assigned permit number shall be placed on the front or depositing side of the
charitable donation bin and the numbers shall be a minimum of 2 inches in height.
(2) The name of the permittee, the permittee's logo, trademark or service mark, local
physical address, telephone number, e-mail address (if any), and non-profit status all of
which information shall be visible on each side of each charitable donation bin.
(j). It shall be the obligation of the permittee shall advise the City of any material
changes in the information or documentation submitted with the original permit
application.
C. Location, Size And Structural Restrictions; Charitable Donation Bins.
(a). Charitable donation bins shall:
(1). Not exceed 6.0 feet in height, 5.0 feet in width and 5.0 feet in depth.
(2). Not be placed on vacant land, unimproved parcel or lot.
(3). Not be placed on public property without the permission of the City.
(4). Not be placed in public rights of way, utility easements and utility corridors.
(5). Not be placed in landscaped areas.
(6). Not be placed in required parking spaces.
(7). Not be placed within 100 feet of a residential property line.
(8). Not be placed within 20 feet of a public roadway.
(9). Not cause a visual obstruction to vehicular or pedestrian traffic.
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(10). Not cause safety hazards with regard to a designated fire lane or building exit.
(11). Not be placed in drive aisles.
(12). Not interfere with an access drive, off-street parking lot maneuvering area and/or
required off-street parking space to an extent which would cause safety hazards and/or
unnecessary inconvenience to vehicular or pedestrian traffic.
(13). Be located on an improved impervious surface.
(14). Be anchored on an improved impervious surface.
(15). Maintain all applicable setbacks as set forth in the City's Land Development
Regulations.
(16). Be constructed of metal or other appropriate material as approved by the City
Manager, or designee, and shall further be maintained in good condition and
appearance with no structural damage, holes or visible rust, free of graffiti and shall be
repaired or repainted in the event it is damaged or vandalized.
(17). Be constructed as to not be accessed by anyone other than those responsible for
the retrieval of the contents.
(18). Have a security or safety chute and tamper proof lock to prevent or deter
intrusion and vandalism.
(19). Be serviced and emptied as needed, but no less than once every 7 days.
(20). Shall have an area with a radius area of 10 feet surrounding the charitable
donation bin which shall be free from any junk, debris or other material.
(21). Any and all items or materials left outside of a charitable donation bin shall be
removed within 24 hours of discovery of the items and materials or notification of such
condition by the City, whichever occurs first.
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(22). If a charitable donation bin is damaged or vandalized, it shall be repaired or
removed within 5 business days of discovery of the condition or notification by the City
of that condition, whichever occurs first.
(23). If a public health, safety or welfare concern arises relative to a charitable
donation bin, as determined by the City, the charitable donation bin shall be removed
within 24 hours of discovery of the condition or notification by the City.
(24). Charitable donation bins shall be separated by a minimum distance of 100 feet.
(25). Charitable donation bin allotment for individual properties shall be as follows:
Size: Number of Boxes Allowed.
1 acre or less: 1
1-3 acres 2
3 + acres 4
(26). Charitable donation bin operators shall be responsible to the extent provided by
law for the City's cost to abate any unmitigated violation relative to any Charitable
donation bin for which a permit has been issued.
(27). It is the joint responsibility of each property owner and charitable donation bin
operator to keep the area around a permitted charitable donation bin free of litter and
debris and to remove any graffiti within 24 hours of discovery of the condition or
notification by the City, whichever occurs first.
D. Local Business Tax; Charitable Donation Bins.
Each charitable donation bin is subject to the payment of the local business tax.
E. Penalties And Enforcement.
(a). It is prohibited and unlawful do act in a manner proscribed by this Ordinance or
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fail to do that which is mandated by this Ordinance.
(b). Violation of this Ordinance may be punished and enforced in accordance with the
provisions of Section 1-7 of the City Code or any other method or remedy authorized by
controlling law.
(c). Nothing contained in this Ordinance shall be construed to prohibit the City from
enforcing its codes and ordinances by any means including, but not limited to,
injunction, abatement, or as otherwise provided by law, code or ordinance, to include,
but not be limited to, building, housing, and health codes.
(d). Whoever opposes obstructs or resists any code enforcement officer or any
person authorized by the City Manager in the discharge of duties as provided in this
Ordinance shall be punishable as provided herein.
(e). The City may consider prior permit revocations, prior notices of violation and
fraudulent application information when granting or denying a new permit for a
charitable donation bin.
(f). Any charitable donation bin (including its contents) which is determined to be
unauthorized, unpermitted, or is otherwise in violation of this Ordinance shall be
deemed a public nuisance as defined in the City Code and other controlling law which
nuisances may be removed and subject to a special assessment pursuant to the
provisions of the City Code and other controlling law.
Section 4. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to bring into effect the provisions of this Ordinance including, but not limited to,
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the promulgation and adoption of rules and forms.
Section 5. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to
charitable donation bins, by whatever name, as well as any and all actions and activities
of the City pertaining thereto or of an associated nature, are hereby ratified and affirmed
to include, but not be limited to, the provisions of Section 10.0 of the City's Land
Development Regulations.
Section 6. Codification; Scrivener's Errors.
(a). Sections 2 and 3 of this Ordinance shall be codified and all other sections
shall not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
Section 7. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
Section 8. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 9. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 10th day of December, 2018.
Attest:
Traci Houchin, CMC, FCRM, City Clerk �k'v
Approved as to form and
Legality:
William L. Colbert, Esquire
City Attorney
City Commission
Sanford, Florida,
Florida.
A iplett,
of the City of
eminole County,
VPRMI�7'9�1
CITY COMMISSION MEMORANDUM 18.259
DECEMBER 10, 2018 AGENDA
WS _ RM
Item No. . C,
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Darrel Presley, Executive Director of Development Services
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM
SUBJECT: Charitable Donation Bin Ordinance; Ordinance No. 4481
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
The City Commission is requested to approve, on first reading, Ordinance No. 4481 which
regulates charitable donation bins within the City.
FISCAL/STAFFING STATEMENT:
There will be nominal fiscal impact as to the implementation of Ordinance No. 448, but the
effects of the ordinance should be most favorable to the City as it further creates an image in
which persons and companies will desire to invest, conduct business and purchase property
within the City. Avoiding litigation over untargeted regulations should also provide for cost
savings by the City.
BACKGROUND:
Donation bins of questionable origin and purpose have been proliferating throughout the City.
Some donation bins appear to be associated with for profit entities. Donation bins have been
placed on private and municipally owned properties without authorization of the respective
property owners and many donation bins are not regularly collected, overflow and become
depositories for discarded items or other uncollected refuse.
Proposed Ordinance No. 4481 establishes rules and regulations governing the placement and use
of charitable donation bins. Although the current provisions of Section 10.0 of Schedule "E" of
the City's Land Development Regulations (LDRs) provide that "[d]rop-off boxes for the
collection of donated clothing, furniture and miscellaneous items, whether owned or maintained
by private business ventures or by charitable organizations, are deemed to be outdoor storage and
are prohibited and unlawful on public and private property"; provisions such as that have been
successfully challenged in the Courts. Federal Courts around the Nation have confirmed that
collecting charitable donations by means of collection bins is a form of charitable solicitation.
Those challenging ordinances claim, among other things, that ordinances violate First
Amendment Free Speech rights. Court have found that the challenge ordinances are content -
based because they facially treat collection bins differently than other unattended outdoor
receptacles such as dumpsters or recycling bins based on content. The United States Supreme
Court recently laid down the definitive guide to determining whether or not an ordinance is
content -based in the case of Reed v. Town of Gilbert which involved signs. In that case, the
Supreme Court stated that "[g]overnment regulation of speech is content based if a law applies to
particular speech because of the topic discussed or the idea or message expressed." Thus, Courts
are required to "consider whether a regulation of speech `on its face' draws distinctions based on
the message a speaker conveys." The Supreme Court found that the Town of Gilbert's sign code
was content -based on its face because it treated signs differently based on the content of those
signs. Using those standards, for example, a Federal Court determined that an ordinance clearly
regulated protected speech on the basis of its content as a ban or regulation would not be applied
to all unattended, outdoor receptacles, but only those unattended, outdoor receptacles with an
expressive message on a particular topic — charitable solicitation and giving.
Proposed Ordinance No. 4481 provides for the following provisions which are the result of City
staff's evaluation of many recent ordinances enacted throughout the Nation and within the State
of Florida and after consultation with industry representatives:
(a). Registration and permitting of charitable donation bins including
significant administrative requirements, disclosures, fees and responsibilities upon
the permittee and the property owner.
(b). Location, size, structural and operational restrictions and requirements
such as:
M. Donation bins not exceeding 6.0 feet in height, 5.0 feet in width
and 5.0 feet in depth.
(2). Donation bins not being placed on vacant land, unimproved
parcel or lot.
(3). Donation bins not being placed on public property without the
permission of the City.
(4). Donation bins not being placed in public rights of way, utility
easements and utility corridors.
(5). Donation bins not being placed in landscaped areas.
(6). Donation bins not being placed in required parking spaces.
(7). Donation bins not being placed within 100 feet of a residential
property line.
(8). Donation bins not being placed within 20 feet of a public
roadway.
(9). Donation bins not causing a visual obstruction to vehicular or
pedestrian traffic.
(10). Donation bins not causing safety hazards with regard to a
designated fire lane or building exit.
(11). Donation bins not being placed in drive aisles.
(12). Donation bins not interfering with an access drive, off-street
parking lot maneuvering area and/or required off-street parking space to an
extent which would cause safety hazards and/or unnecessary inconvenience
to vehicular or pedestrian traffic.
(13). Donation bins being located on an improved impervious
surface.
(14). Donation bins being anchored on an improved impervious
surface.
(15). Donation bins maintaining all applicable setbacks as set forth in
the City's LDRs.
(16). Donation bins being constructed of metal or other appropriate
material and being maintained in good condition and appearance with no
structural damage, holes or visible rust, free of graffiti and being repaired or
repainted in the event it is damaged or vandalized.
(17). Donation bins not being constructed as to be accessed by
anyone other than those responsible for the retrieval of the contents.
(18). Donation bins having a security or safety chute and tamper
proof lock to prevent or deter intrusion and vandalism.
(19). Donation bins being serviced and emptied as needed, but no less
than once every 7 days.
(20). Donation bins having an area with a radius area of 10 feet
surrounding the charitable donation bin which shall be free from any junk,
debris or other material.
(21). Donation bin permittees being required to remove any and all
items or materials left outside of a donation within 24 hours of discovery of
the items and materials or notification of such condition by the City,
whichever occurs first.
(22). Donation bin permittees being required to repair or remove a
damaged donation bin within 5 business days of discovery of the condition
or notification by the City of that condition, whichever occurs first.
(23). If a public health, safety or welfare concern arises relative to a
donation bin, as determined by the City, the charitable donation bin
permittee is required to remove the donation bin within 24 hours of
discovery of the condition or notification by the City.
(24). Separation requirements between donation bins.
(25). A per parcel limitation relative to donation bins.
(c). Payment of the local business tax.
(d). Significant potential penalties and enforcement authority.
City staff believes that the permitting plan set forth in proposed Ordinance No. 4481 will prevent
a proliferation of undesirable donation bins within the City, provide for a means of self -
enforcement by permittees conducting their business in an acceptable manner, provide for
enforcement authority by the City and ensure that the City is in compliance with controlling legal
authority.
LEGAL REVIEW:
The City Attorney has worked with City staff in the preparation of Ordinance No. 4481 and
related matters. The first reading of Ordinance No. 4481 was approved on November 12, 2018.
The City Clerk advertised notice of public hearing in the Sanford Herald on December 9, 2018.
RECOMMENDATION:
City staff recommends that the City Commission approve proposed Ordinance No. 4481.
SUGGESTED MOTION:
"I move to approve Ordinance No. 4481 on first reading."
Attachment: Ordinance No. 4481