27-15 Enacting 721 Donation Boxes

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Placed on first reading and referred to the Rules and Ordinances Committee September 8, 2015; second reading September 21, 2015. Sub- stitute recommended for adopted December 14, 2105. Please substitute for the original. ORDINANCE NO. 27-15 BY: Anderson, Bullock, Juris, Madigan, Marx, Nowlin, O'Leary. AN ORDINANCE enacting Chapter 721, Donation Boxes, of the Codified Ordinances of the City of Lakewood, and establishing related fees. WHEREAS, the proliferation of clothing donation receptacles and other donation boxes within the city warrants the imposition of reasonable regulations by the city as to their place- ment, maintenance and use; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits munic- ipalities to exercise all powers of local self - government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Chapter 721, Donation Boxes, of the Codified Ordinances of the City of Lakewood shall be and is hereby enacted to read as follows: CHAPTER 721 Donation Boxes 721.01 DEFINITION. As used in this chapter, "donation box" means a receptacle designed with a door, slot or other opening that is intended to accept and store donated items in- cluding but not limited to clothing or household items. Donation boxes shall not include trailers where persons are present to accept donations at all times that the trailer is present and are accepting donated items. 721.02 REGULATION OF DONATION BOXES. No owner, tenant or occupant shall place or maintain or permit to be placed or maintained at or on the owner's, tenant's or occupant's premises in the City any donation box except after the following criteria have been met: (a) Eligibility. The building commissioner shall not issue an annual permit to any donation box owner who or which is not a tax - exempt organization un- der the Internal Revenue Code, does not maintain a donation box in accord- ance with the standards established hr this chapter, or has had its permit re- voked within the past 12 months. (b) Application. The building commissioner shall not issue an annual permit to any donation box owner unless the donation box owner has filed an applica- tion with the City that includes all of the following: