§ 33-19. Donation collection bins prohibited; exceptions.

(a)

Donation collection bins prohibited. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district unless it is enclosed within a building, or except as provided in this section. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items.

(b)

Exceptions. The following shall be exempted from the provision of subsection (a) above:

(1)

Nonmotorized vehicles which comply with the following criteria:

(i)

The nonmotorized vehicles must be operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service;

(ii)

Personnel directly employed by or volunteers for the not-for-profit organization must be present at the non-motorized vehicles at least five days a week (except holidays) to accept donations;

(iii)

The monetary proceeds resulting from the sale of donations collected at a nonmotorized vehicle must be used in accordance with the organization's charitable purpose pursuant to Section 33-19(a)(i) to benefit persons within the boundaries of Miami-Dade County or outside of Miami-Dade County to provide emergency relief for victims of natural, man-made or economic disasters;

(iv)

The operation of the nonmotorized vehicles, the collection and distribution of donations and proceeds thereof must be conducted by said not-for-profit organization and not by a licensee, subcontractor or agent of the not-for-profit organization; and

(v)

The nonmotorized vehicles shall be located on sites in accordance with the requirements of Section 33-238(5); provided further that said nonmotorized vehicles shall operate in a safe manner, be neat in appearance, well maintained, free of graffiti, fully painted and shall be buffered from adjacent properties by on-site landscaping, walls or similar screening; and

(vi)

For each nonmotorized vehicle said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the Director in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions.

Nonmotorized vehicles which comply with the foregoing criteria are not required to be shown on-site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review.

(2)

Permanently placed donation collection bins which comply with the following criteria:

(i)

The donation collection bins are contained wholly upon improved property owned and operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service.

(ii)

The monetary proceeds resulting from the donations collected at said donation collection bins must be used in accordance with the organization's charitable purpose to benefit persons within the boundaries of Miami-Dade County or outside of Miami-Dade County to provide emergency relief for victims of natural, man-made or economic disasters. The collection and distribution of donations and proceeds thereof must be conducted by the not-for-profit organization owning and operating the donation collection bins and not by a licensee, subcontractor or agent of said not-for-profit organization; provided, however, that this subsection shall not prevent the not-for-profit organization from contracting with a licensed common carrier to transport donated goods to a disaster site for distribution of same to victims of the disaster;

(iii)

The donation collection bins shall be permanently affixed to the property and shall have been approved by the Building Official as meeting the requirements for wind resistance established by the Florida Building Code;

(iv)

The donation collection bins shall be buffered from view from any location off of the property of said charity and shall not be closer than 75 feet from any property line. Each donation collection bin shall require a permit from the Department prior to placement on the property. No donation collection bin shall have a floor area in excess of 20 square feet and shall not exceed a height of 7 feet. Donation collection bins must be shown on site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review. Said bins shall not be required to comply with the windborne debris impact standards of the Florida Building Code. Electrical connections to the bins shall be prohibited; and

(v)

For each donation collection bin said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the Director in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions.

(3)

Temporarily placed donation collection bins, which comply with the following criteria:

(i)

The donation collection bins are contained wholly upon improved property owned and operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service;

(ii)

No more than one such donation collection bin may be located on such site of one acre or less; for properties over one acre, no more than one bin per acre up to a maximum of 5 bins per site;

(iii)

Such donation collection bin must have wheels affixed to the bottom of the bin or be readily transportable;

(iv)

Such collection bin shall display prominently the name of and contact information for the not-for-profit organization responsible for the bin;

(v)

The monetary proceeds resulting from the donations collected at said donation collection bin must be used in accordance with the organization's charitable purpose to benefit persons within the boundaries of Miami-Dade County or outside of Miami-Dade County to provide emergency relief for victims of natural, man-made, or economic disasters. The collection and distribution of donations and proceeds thereof must be conducted by the not-for-profit organization owning and operating the donation collection bins and not by a licensee, subcontractor, or agent of said not-for-profit organization; provided, however, that this subsection shall not prevent the not-for-profit organization from contracting with a licensed common carrier to transport donated goods to a disaster site for distribution of same to victims of the disaster;

(vi)

Each donation collection bin shall require a permit from the Department prior to placement on the property. Each bin shall be located no closer than 20 feet from any property line. No donation collection bin shall have a floor area in excess of 20 square feet and shall not exceed a height of 7 feet. Donation collection bins that comply with the criteria set forth in this subsection (3) are not required to be shown on site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review. Electrical connections to the bins shall be prohibited;

(vii)

Such collection bin shall be maintained in a safe, clean, neat, and presentable manner, free of graffiti, and shall be in a usable condition at all times;

(viii)

No major repairs or overhaul work on such collection bin shall be made or performed on the site, (or any other work performed thereon which would constitute a nuisance under existing ordinances);

(ix)

Such collection bin shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any service connection lines;

(x)

When located outdoors, such collection bin shall be tied down to the land upon which it is located;

(xi)

Such collection bin shall be secured indoors for the duration of the following National Weather Service Advisories, Watches, and Warnings for Miami-Dade County: Wind Advisory; Severe Thunderstorm Watch; High Wind Watch; Tornado Watch; High Wind Warning; Severe Thunderstorm Warning; Tornado Warning; Tropical Storm Warning; Hurricane Watch; and Hurricane Warning; and

(xii)

For each such bin, said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the Director in connection with the issuance of the temporary permit. Said declaration of use shall specify compliance with the foregoing conditions. The temporary permit shall specify the duration of the use. Notwithstanding any ordinance, resolution, or administrative order to the contrary, no fee shall be charged for the issuance of a certificate of use for a temporarily placed collection donation bin.

(c)

Designation of enforcement officer. The Director shall designate an enforcement officer who shall be responsible for the removal of illegal donation collection boxes.

(d)

Notification. Whenever the enforcement officer ascertains that an illegal donation collection bin is present on any property within unincorporated Miami-Dade County, the officer shall cause a notice to be placed on such bin in substantially the following form:

NOTICE

This donation collection bin is unlawfully upon property known as (setting forth brief description of location) and must be removed within seventy-two (72) hours from the time of this notice. Failure to remove the bin shall result in the removal and destruction of the bin by order of Miami-Dade County.

Dated this: (setting forth the date, time of posting of the notice)

Signed: (setting forth name, with the address and telephone number of the enforcement officer). Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

(e)

Removal of donation collection bin. If at the end of seventy-two (72) hours after posting of such notice, the donation collection bin has not been removed from the property, the enforcement officer shall cause the bin to be removed.

(f)

Assistance of Miami-Dade Police Department. If the enforcement officer is unable to successfully remove a donation collection bin subject to seizure under this section, the enforcement officer or his designated representatives may secure the assistance of the Miami-Dade Police Department to effect the removal of said bin.

(g)

Obstructing an enforcement officer in the performance of duties. Whoever opposes, obstructs or resists the enforcement officer in the discharge of duties as provided in this section, upon conviction, shall be guilty of a misdemeanor of the second degree and shall be subject to punishment as provided by law.

(h)

Destruction of donation collection bin. Whenever a donation collection bin remains unclaimed as provided in subsection (d) above, it shall be destroyed by order of Miami-Dade County. The contents of the bin may be destroyed or donated to charity.

(i)

Recovery of costs. All costs incurred pursuant to this section shall be paid by the owner of the donation collection bin. The enforcement officer may institute a suit to recover such expenses against the bin owner.

(j)

Responsibility for compliance. The owner of the donation collection bin and the tenant and/or owner of the property on which the bin is maintained shall be responsible for compliance with this chapter.

(Ord. No. 94-117, § 1, 6-9-94; Ord. No. 95-197, § 1, 11-7-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 99-99, § 1, 9-9-99; Ord. No. 09-75, § 1, 9-1-09; Ord. No. 13-17, § 1, 2-5-13)