ARTICLE V. - REGULATION OF UNATTENDED DONATION BOXES

Sec. 7-81. - Purpose and intent.#

The purpose of this article is to regulate the placement of unattended donation boxes within the city. The procedures and requirements of this article are enacted to: (a)

Promote the community's health, safety, and welfare by regulating unattended donation boxes for clothing or other salvageable personal property within the city;

(b)

Ensure that unattended donation boxes do not pose a hazard to pedestrian and vehicular traffic;

(c)

Ensure that material is not allowed to accumulate outside of the unattended donation boxes where it can be scattered by adverse weather conditions, animal contacts and human activities; and

(d)

Establish criteria that avoid attracting vermin, unsightliness, and public health hazard.

(Ch. 795, § I, 2-16-21)

Sec. 7-82. - Definitions.#

Operator means a person, entity, association or organization who places, maintains or operates unattended donation box(es) to solicit donations of salvageable personal property.

Permittee means the property owner who is issued a permit authorizing placement of unattended donation box(es).

Unattended donation box means any unattended container, receptacle, or similar device that is located on any property within the city used for soliciting and collecting donations of clothing or other salvageable personal property.

(Ch. 795, § I, 2-16-21)

Sec. 7-83. - Permits.#

(a)

It shall be unlawful for any person, firm, or corporation to erect, place, maintain or operate any collection bin without first obtaining a permit issued by the building official.

(b)

A permit issued under this article shall be valid for one year and renewable for one-year periods thereafter.

(1)

Annual permit fee: $50.00, plus a $100.00 refundable deposit.

(c)

The building official shall not issue a permit unless:

(1)

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

(2)

The operator who will maintain or operate the unattended donation box is qualified to solicit donations of salvageable personal property pursuant to Rhode Island General Laws as amended;

(3)

The proposed location and placement of the unattended donation box on the property owner's real property is in compliance with all applicable laws and will not impede pedestrian, bicycle, site distances onto adjacent streets or vehicular traffic.

(d)

If the building official denies an application, the building official shall state, in writing, the specific reasons for denial.

(e)

Permits issued hereunder shall be valid for one unattended donation box. Multiple unattended donation boxes shall have their own individual permits.

(f)

No person or operator to whom a permit has been issued shall transfer, assign, or convey such permit to another person or operator.

(g)

Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the building official in writing of the intent to cancel the permit. The permit shall become void upon the building official's receipt of a written notice of intent to cancel the permit.

(Ch. 795, § I, 2-16-21)

Sec. 7-84. - Renewal of permits.#

(a)

A permittee may apply for permit renewal by submitting to the building official, before the expiration of the permit, a renewal application and applicable fee.

(b)

The building official shall either approve or deny the renewal of a permit within 30 days of receipt of the complete renewal application and payment of the renewal fee.

(c)

The building official 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 or that would justify the revocation of the permit.

(Ch. 795, § I, 2-16-21)

Sec. 7-85. - 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 once per month, or within five business days of a request by the building official.

(5)

The permittee shall maintain or cause to be maintained the area surrounding the unattended donation boxes free of any junk, garbage, trash, debris or other refuse material.

(6)

The permittee and operator shall be individually and severally responsible, including all costs, for abating and removing all junk, garbage, trash, debris and other refuse material in the area surrounding the unattended donation boxes within 24 hours of written or verbal notice from the city.

(b)

It shall be unlawful for any property owner or operator to place an unattended donation box in any residential district.

(c)

No more than two unattended donation boxes shall be placed on each parcel of real property.

(d)

Permittee and/or operator shall report the amount of tonnage collected annually to the department of public works.

(Ch. 795, § I, 2-16-21)

Sec. 7-86. - Revocation of permit, removal of unattended donation boxes and liability.#

The building official shall have the right to revoke any permit issued hereunder if any of the grounds upon which he or she may refuse to issue an initial permit exists. In addition, the failure of the permittee to comply with the provisions of this article or other provisions of this Code or other law shall also constitute grounds for revocation of the permit. The building official 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 30 calendar days and, if not removed within this time period, the city may remove, store and dispose of the unattended donation box at the permittee's sole cost and expense. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. Any violation of the provisions of this article is a public nuisance subject to abatement pursuant to this Code or as otherwise permitted by law.

(Ch. 795, § I, 2-16-21)

Sec. 7-87. - Violation—Penalty.#

(a)

In addition to any other penalties or remedies authorized by the laws of this state or city, any person who violates any provision of this article shall be punished by a fine as follows:

(1)

First offense. Loss of deposit ($100.00)

(2)

$100.00 for each subsequent violation, plus any cost incurred by the city for cleanup if needed.

(b)

If a permittee is found to have willfully violated or ignored the provisions of this article, or is found to have perpetrated fraud regarding the operation and use of the collection bin, the permittee shall be fined and will be deemed ineligible to place, use or employ a collection bin pursuant to this article, and may have any or all bins removed by the city.

(Ch. 795, § I, 2-16-21)

Sec. 7-88. - Exemption.#

Unattended donation boxes located entirely within the interior of a building are exempt from the requirements of this article.

(Ch. 795, § I, 2-16-21)