CODE OFFICIAL/DIRECTOR: The Director of the Department of Codes and Regulations or any duly authorized representative who is charged with the administration and enforcement of this chapter.
DONATION DROP-OFF BIN: Any receptacle or container located outside of an enclosed building and designed, intended or used for collection and temporary storage of donated items or materials including, bit not limited to, clothing, shoes, books, toys, furniture, household materials and other like items. Donation drop-off bins are also known as donation collection bins/boxes, charity bins/boxes, clothing bins/boxes, clothing donation containers, or any combination thereof.
OWNER: A person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.
PREMISES: A lot, plot or parcel of land including any structures thereon.
STRUCTURE: That which is built or constructed or a portion thereof.
LICENSES AND PERMITS REQUIREMENTS
Whether for the owner of the premises or the person who has obtained the written permission of the owner, the fee to obtain the initial license to own, install, operate, or use a donation drop-off bin is $200 that must be tendered at the time of license application. Such license may be annually renewed on or before the anniversary date of the application for an annual renewal fee of $200. Regardless of the number of donation drop-off bins owned, installed, operated, or used by a license applicant, the applicant shall only pay one annual license fee. The initial permit fee for a donation drop-off bin is $50 per bin payable at the time of application for the license. The annual renewal fee for each donation drop-off bin permit is $50 payable on or before the anniversary date of the initial application. Each donation drop-off bin shall display its current permit at all times.
COMPANY TYPE AND BIN LABELS
To best inform the public and potential donors, bins shall be labeled according to Company Type as follows: REQUIREMENTS
(b) Shall have a label or appended sign that states "PLEASE REPORT ANY OVERFLOW OF ITEMS, DAMAGE, OR MALFUNCTION TO [PERMIT HOLDER'S NAME] AT [PERMIT HOLDER'S TELEPHONE NUMBER] OR TO THE DIRECTOR OF CODES AND REGULATIONS AT [TELEPHONE NUMBER DESIGNATED BY DIRECTOR]." Such label or appended sign shall be in lettering no less than three inches in height and no less than one-half inch in width, and;
(c) If none of the proceeds from the sale of the donated items collected in the donation drop-off bin will be given to a "charitable or civic organization" as that term is defined in § 117.01, there shall be a label or sign permanently attached to the donation drop-off bin which identifies the permit holder's name and address and states: "DONATIONS ARE NOT FOR CHARITABLE OR CIVIC ORGANIZATIONS AND WILL BE SOLD FOR PROFIT. DONATIONS ARE NOT TAX DEDUCTIBLE." Said label or appended sign shall be prominently displayed on the receptacle in the largest lettering on the receptacle or appended sign but said lettering shall be no less than three inches in height and no less than one-half inch in width, or;
(d) If 100% of the items, or the proceeds from the sale of the items, collected in the donation drop-off bin will be used for the benefit of a "charitable or civic organization" as that term is defined in § 117.01, there shall be a label or sign permanently attached to the donation drop-off bin that identifies, at least, the legal name of the charitable or civic organization receiving the benefit of the donated items, as it appears on the certificate of registration issued to the charitable or civic organization by the Director pursuant to Chapter 117, in the largest lettering on the donation drop-off bin or appended sign but said lettering shall be no less than three inches in height and no less than one-half inch in width, or;
(e) If a professional solicitor, as that term is defined in § 117.01, owns, installs, operates, or uses a donation drop-off bin pursuant to a contractual arrangement with a charitable or civic organization whereby the professional solicitor receives either a flat fee or a percentage of the proceeds from the sale of the donated items, have a label or sign permanently attached to the donation drop-off bin which states: "SOLICITATIONS FOR DONATIONS ARE MADE BY (NAME OF PROFESSIONAL SOLICITOR) ON BEHALF OF (NAME OF CHARITABLE OR CIVIC ORGANIZATION). DONATIONS WILL BE SOLD FOR PROFIT BY (NAME OF PROFESSIONAL SOLICITOR)." Said label or appended sign shall be prominently displayed on the donation drop-off bin in the largest lettering on the thereon but said lettering shall be no less than three inches in height and not less than one-half inch in width, and;
(f) Shall be placed only on premises commercially used by an established business or on church or school property, however, there shall be no more than seven permitted donation drop-off bins per charitable or civic organization, whether installed, operated, and used by the organization or a professional solicitor on its behalf, in each Metro Council District in Metro Louisville.
APPLICATION REQUIREMENTS – COMPANY LICENSES AND BIN PERMITS
Any party seeking to obtain the requisite license to operate donation drop-off bins and permits for each donation drop-box shall submit a written application to the Director upon a form provided by the Director. If the applicant has on file with the Director a current Chapter 117 certificate of registration as either a charitable or civic organization or a professional solicitor, the applicant shall submit a copy of said certificate of registration, a photograph of each donation drop-off bin, the address of each proposed location for which a permit is sought, the written agreement(s) with the owner(s) of the proposed locations for the bin(s), a certificate of liability insurance in an amount not less than $500,000 showing the owner of each bin location as an additional insured, and the maintenance agreement provided by the Director wherein the applicant affirms to the Director that each donation drop-off bin location will be monitored on a daily basis, emptied no less than every other calendar day, and no overflow of items from any bin shall remain on the ground for more than 24 hours. Any violation of the maintenance agreement terms shall be deemed a citable offense under subsection below. In addition, an applicant shall also indicate whether the applicant would prefer to receive notice and orders by regular mail or electronic mail. If the applicant is not currently registered with the Director as a charitable or civic organization or professional solicitor, the application shall require the following information:
(a) The name, physical address (no P.O. boxes), telephone number, and electronic mail address of the applicant. However, if the applicant is a charitable or civic organization or a "professional solicitor", as those terms are defined in § 117.01, but does not have a current Chapter 117 certificate of registration, the applicant also shall comply with the certificate of registration process set forth in Chapter 117 as part of the application process hereunder, and;
(b) A photograph of the donation drop-off bin and the proposed location for which a permit is sought. If the application is for more than one location, the applicant may submit a single application with a list of preferred locations and only one photograph of the type of donation drop-off bin to be used unless different types of bins will be used at different locations. In the event the applicant is using different types of bins at different locations, a photograph of each type of bin must be submitted, and;
(c) Whether the applicant would prefer to receive notice and orders by regular mail or electronic mail, and;
(d) The signature of the applicant, and;
(e) The required license and permit fees, and;
(f) If placed on property not owned or leased by the operator of the donation drop-off bin, a written agreement with the owner of each premises where a bin is to be located which evidences the agreement of the owner(s) to the placement of a donation drop-off bin on the property. The applicant shall also provide a certificate of liability insurance in an amount not less than $500,000 showing each owner of the premises where a bin is located as an additional insured, and;
(g) A maintenance agreement on the form provided from the Director wherein the applicant affirms that each donation drop-off bin location will be monitored on a daily basis, emptied no less than twice every calendar week, except in the event of a declared weather emergency by the National Weather Service or other natural disaster, and no overflow of items from the bin shall remain on the ground for more than 24 hours after actual or constructive notice of said overflow.
(h) The information supplied pursuant to this subsection shall be used for all notices, correspondence, or communications from the Director.
(a) Donation drop-off bin(s) shall be located on a hard and durable surface such as asphalt, concrete, aggregate, crushed rock and the like and all ingress and egress from each bin shall also be of a similar surface. In no event shall the placement of a donation drop-off bin or any means of ingress or egress be composed of sod, dirt, sand, or similar porous material. All donation drop-off bins shall be located on the designated premises so as not to interfere with sight triangles, on-site circulation of vehicular or pedestrian traffic, required setbacks, parking, landscaping, and all other applicable requirements imposed on the property as part of any governmental approval, including any zoning requirement;
(b) The placement of donation drop-off bins shall be restricted to an area within 75 feet from any wall of the largest permanent building on the premises or against a well-lit exterior wall of such building;
(c) A donation drop-off bin shall not be within a 1,000 foot radius of any other donation drop-off bin operated by the same licensee;
(d) Donation drop-off bins shall not be larger than six feet high by six feet wide by five feet deep;
(e) Donation drop-off bins shall be enclosed and operate by use of a securely locked receiving door so that the contents of the bin may not be accessed by anyone other than those persons authorized by the licensee to collect the contents;
(f) The donation drop-off bin must be regularly emptied, no less than twice every calendar week, to prevent overflow of clothing or other items that may be strewn about the premises. No overflow of items from a bin shall remain on the ground for more than 24 hours after actual or constructive notice of said overflow;
(g) Any person found illegally dumping at a donation drop-off bin pursuant to § 51.510 will be subject to the penalties set forth in § 51.999;
(h) Any graffiti placed on the donation drop-off bin must be removed within 72 hours following notice of its existence. However, within the 72 hours, the owner has the option to notify the Director in writing of the owner's intent to replace the donation drop-off bin within five days and along with said written notice submits a photograph of the new donation drop-off bin.
(i) If a donation drop-off bin is damaged to the extent the locking mechanism or receiving door has been compromised or one of its sides has been breached, it shall be repaired, replaced or removed within five days of receipt after notice of such damage from the Director unless the Director determines the damage is such that the donation drop-off bin constitutes a danger to persons or property in which case it shall be made safe or removed within 24 hours of notice of said condition.
Any violation of the provisions of this § 156.052(J) or any order of the Director or a Code Official are subject to citation and the civil penalties set forth in § 156.999(D). Any such citation and resulting penalty may be appealed to the Property Maintenance/Nuisance Code Hearing Board in the manner provided by § 156.808.
REMOVAL AND IMPOUNDMENT BY METRO
In the event that any licensee or person fails to comply with an order or citation issued pursuant to this § 156.052(J) and fails to timely appeal the citation as set forth in § 156.808, the Director, or an independent contractor retained by the Director, is hereby authorized to remove the donation drop-off bin which was the subject of the order or citation and impound it in a facility for redemption and/or disposition in accordance with the following provisions: