City of Hagerstown, MD Chapter 89 Donation Bins

[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown 8-25-2015 by Ord. No. O-15-20. Amendments noted where applicable.]

GENERAL REFERENCES

Recycling and refuse collection — See Ch. 117.

Portable storage containers — See Ch. 184.

Streets and sidewalks — See Ch. 216.

§ 89-1 Donation bins permitted; definition.

Donation bins shall be permitted within the corporate limits of the City so long as in compliance with the requirements of this chapter. For purposes of this chapter, "donation bin" shall mean any receptacle or container that is unsupervised or unattended, and is intended for use as a collection point for the donation and temporary storage of clothing or other donated materials.

§ 89-2 Registration required.

[Amended 5-15-2018 by Ord. No. O-18-05]

All donation bins shall be subject to registration with the Planning and Code Administration Department (the "Department").

A. Registration of each donation bin shall be submitted on the form adopted by the Department, shall be updated annually, and shall be accompanied by:

(1) A drawing depicting the size (height, width, and length) and the location of the bin;

(2) Written proof of permission to install and maintain a donation bin from the owner of the property and written consent from the owner of the property to have any unpaid registration fee and/or reregistration fee added to the municipal tax bill for the subject real property;

(3) Up-to-date name and contact information for each of the following:

(a) The person or entity responsible for the maintenance of the bin;

(b) The owner of the bin, if different from above; and

(c) The company soliciting donations, if different from above; and

(4) An initial registration fee of $200 and an annual reregistration fee of $100.

B. All donation bins in existence in the City upon the effective date hereof shall, within 90 days of the effective date of this chapter, be registered with the Department and in compliance with the requirements of this chapter;

C. The owners of any donation bins in existence in the City upon the effective date of the 2018 amendment shall provide written consent from the owner of the property to have any unpaid registration fee or reregistration fee added to the municipal tax bill for the subject real property at the time of the next annual renewal.

D. Registration and reregistration fees shall be due at the time of initial registration and annually thereafter. Failure to remit payment in full may result in collection pursuant to Article III, Tax Liens, § 223-11, of the City Code, or by other civil proceeding.

§ 89-3 Requirements.

All donation bins shall comply with the following requirements:

A. Permitted zones. Donation bins are permitted only in industrial and commercial zoning districts.

B. Location and design. Donation bins shall be subject to the following provisions:

(1) Donation bins shall be located on a paved or impervious surface;

(2) Donation bins shall comply with all setback provisions applicable to the property;

(3) Donation bins shall not obstruct pedestrian or vehicular traffic;

(4) Donation bins shall not be located in the public right-of-way, drive aisles, fire lanes, sidewalks, required parking spaces, landscape islands or buffer strips, or any location that may cause hazardous conditions or constitute a threat to public safety;

(5) The total allowable number of donation bins per property shall be defined by the size of the property on which the bin is located, with the following limitations:

(a) Property equal to or less than one acre: a maximum of one donation bin is permitted;

(b) Property greater than one acre and up to five acres: a maximum of two donation bins are permitted;

(c) Property greater than five acres: a maximum of one donation bin is permitted per every 2.5 acres.

(6) Donation bins shall be constructed of noncombustible material and shall have a securely closing lid; and

(7) Donation bins shall be clearly marked with the following:

(a) Up-to-date name and contact information for:

[1] The person or entity responsible for the maintenance of the bin;

[2] The owner of the bin, if different from above; and

[3] The company soliciting donations, if different from above, and an indication of tax exempt status; and

(b) A notice stating that no items or materials shall be left outside the donation bin.

C. Size restrictions. The maximum size for any donation bin shall not exceed five feet in width by five feet in depth by seven feet in height.

D. Maintenance. Each donation bin and the property upon which it is located shall be maintained in a safe and well-maintained condition and shall be subject to the requirements of the Land Management Code, the Property Maintenance Code, and the Nuisance Abatement Chapter of the City Code. Each bin must be regularly emptied of its contents so that it does not overflow.

§ 89-4 Violations and penalties.

Any person or entity who owns, controls, or maintains a donation bin or the property upon which it is located and who violates any of the provisions of this chapter and fails to abate such violation after notice has been provided to the person or entity responsible for maintenance of the bin shall, upon conviction thereof, be guilty of a municipal infraction and subject to a fine of $500 for each offense. A separate offense shall be deemed committed for each day on which the violation exists.

§ 89-5 Severability.

Should any section, subsection, sentence, clause, or phrase of this chapter be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the chapter in its entirety or of any part thereof other than that portion declared to be invalid.