Municipality Of Chatham-Kent Legislative Services Building Development Services TO: FROM: Mayor and Members of Council Paul Lacina Director, Building Development Services Chief Building Official DATE: June 8, 2015 SUBJECT: Donation/Collection Bins Recommendation Background It is recommended that: 1. The by-law, known as the Donation/Collection Bin By-Law be approved. At the March 9, 2015 Council meeting, Council approved the following motion: That administration provides a by-law regarding the use of clothing donations bins within Chatham-Kent. The recommendations will provide rules and regulations for new and existing bins related to locating, size, and visible contact information including the charitable organization s name and charitable number. That a by-law be returned to Council by June, 2015. Comments The Municipality s existing zoning and property standards by-laws do not specifically define or regulate donation/collection bins. Historically donation/collection bins have been allowed to be placed on private property that is zoned commercial, industrial and institutional. This placement was regulated under the zoning by-law and addressed through the regulations for accessory structure. Any overflow that would accumulate around these bins would be addressed through the property standards by-law. The by-law shall require the donation/collection bins: to be in good repair; to be clean, free of litter and graffiti; not be placed on Municipal property; have permission to be placed on private property; placed 1 metre from any property line; not be placed in a required parking spot or visibility triangle;
Donation/Collection Bins 2 be clearly marked with contact information, including charitable registration number; belong to a charitable organization registered as a charity; not permitted in a residential zone In the event that the donation/collection bins are in contravention of the by-law, the Municipality shall contact the charity and the registered property owner to rectify the situation. Failure to rectify the situation may lead to the removal of the donation/collection bin at the expense of the property owner. The Municipality will bill this expense to the property owner. Additionally should the donation/collection bin be placed on Municipal property, the Municipal Public Works Department will remove and dispose of the bin and its contents. Charities who wish to keep their donation/collection bin at their present location will need to provide written notice from the property owner authorizing the location. A site plan will be required indicating the location of the bin, distance off the property line and location of driveways, streets, sidewalks etc. As part of the application, the charity will also be required to provide an example of the delineation of each bin, indicating the charitable organizations name, address, phone number and charitable registration number. Charitable organizations with bins currently located within the Municipality have one year from the date of the passing of the by-law to make application and receive approval for their bins. Failure to comply within the year shall result in the Municipality contacting both the charitable organization and the property owner to have the bin removed. Failure to comply with the Notice will result in the Municipality removing the bin. All costs associated with removing the bin will be directed to the property owner. The following chart indicates how other Municipalities address donation/collection bins. Municipality By-law Licensing Fee Brantford City Yes Yes Cobourg, Town Yes No London, City No No Markham, City Yes Yes New Tecumseth, Town Yes No Norfolk, County Yes No Ottawa, City Yes No
Donation/Collection Bins 3 Sarnia, City Yes No Welland, City Yes Yes Windsor, City No No Understanding these are charitable organizations there will be no fees associated with the application or approvals. Council Directions The recommendation in this report supports the following Council Directions: Jobs: Everyone in Chatham-Kent who wants to work is able to work in meaningful employment People: Chatham-Kent is a welcoming community where people choose to live, learn, work, and play Health: Chatham-Kent is a healthy, active, safe, accessible community within a healthy natural and built environment Financial Sustainability: The Corporation of the Municipality of Chatham-Kent is financially sustainable Has the potential to support all Council Directions Neutral issues (does not support negatively or positively) Consultation Manager of Licensing Services was consulted and received a copy of this report. Legal Officer was consulted and received a copy of this report. Financial Implications There are no financial implications resulting from the recommendation.
Donation/Collection Bins 4 Prepared by: Reviewed by: Paul Lacina Director Building Development Services Chief Building Official John Norton Chief Legal Officer Legislative Services Attachment(s): Schedule A proposed donation/collection bin by-law C Nancy Havens, Manager, Licensing Services Dave Taylor, Legal Officer, Legislative Services P:\RTC\LEGISLATIVE SERVICES\2015 Files\BES\Donation Bins
CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT By-Law No. BEING A BY-LAW TO PRESCRIBE TO REGULATE DONATION/COLLECTION BINS Schedule A WHEREAS the Municipal Act, 2001, S.O. 2001, Ch.25, as amended, Section 10, provides the municipalities may pass a by-law to address matters related to the well-being of the municipality and its inhabitants including health, safety and the protection of property; AND WHEREAS the use and operation of donation and collection bins can have impacts on the Municipality and its residents including accumulation of litter, dirt, debris, and graffiti in the vicinity of donation/collection bins: AND WHEREAS the Municipality wishes to regulate the placing of donation/collection bins within the Municipality of Chatham-Kent; NOW THEREFORE the Council of the Municipality of Chatham-Kent enacts as follows: Definitions 1. For the purpose of this By-Law; "Charitable Organization" means a registered charity as defined in subsection 248(1) of the Income Tax, R.S.C. 1985 (5 th Supp) or successor legislation that has a registration number issued by the Canadian Revenue Agency or successor agency; Chief Building Official means the person appointed as such by Council of the Municipality of Chatham- Kent, from time to time. "Donation/Collection Bin" means any receptacle used for the purpose of collecting donations by the public; "Municipal By-Law Enforcement Officer" means the person(s) appointed as such by the Council of the Municipality of Chatham-Kent for the purposes of enforcing Municipal by-laws; "Municipality" means the Corporation of the Municipality of Chatham-Kent; Operator" means the owner/operator of the donation/collection bin; "Owner" means the owner or occupant of the private property on which the donation/collection bin is located; "Residential Zone" means the residential zone as defined by the Zoning By-Law; "Visibility Triangle" means a triangular area formed within a lot by; 2. General Provisions (a) intersecting streets and a straight line connecting them 7.6 m (25ft.) from their point of intersection; or (b) the intersection of a street and any portion of a driveway within 7.6 m (25ft.) of a property line and a straight line connecting them 7.6 m (25ft.) from their point of intersection. (c) the intersection of an alley and a street, or two alleys and a straight line connecting them 3.0 m (10ft.) from their point of intersection. a) No person shall place a Donation/Collection Bin within the Municipality of Chatham-Kent without the Chief Building Officials written approval. b) Only Donation/Collection Bins belonging to a Charitable Organization shall be permitted to be placed in the Municipality. c) No Donation/Collection Bin shall be placed on any street or property owned by the Municipality. d) Donation/Collection Bins shall not be permitted in Residential Zones. e) No person shall carry on the activity of placing a Donation/Collection Bin within the Municipality, unless he or she has written approval from the property Owner. f) The Owner/Operator will be required to provide a site plan, indicating the location of the Donation/Collection Bin, distance off the property line and location of driveways, streets, sidewalks etc. g) No Donation/Collection Bin shall be placed closer than 1 meter to any property line. h) No Donation/Collection Bin shall occupy any parking space, which is required by the zoning by-law currently in effect in the Municipality i) No Donation/Collection Bin shall be placed in any required site or Visibility Triangle required by the zoning by-law currently in effect in the Municipality. 1
Schedule A j) Every Owner of property on which a Donation/Collection Bin is used or located shall ensure that all areas immediately adjacent to the Donation/Collection Bin are clean and free of litter, refuse and debris. k) Every Operator of a Donation/Collection Bin shall ensure that the Donation/Collection Bin is clean, rust free, in good repair and free of graffiti. l) Every Donation/Collection Bin shall be marked clearly and permanently with the contact information, including the Charitable Organizations registration number, office address, and phone number. m) In the event that Donation/Collection Bins are not maintained in accordance with this by-law, the Municipality may issue a notice to the Operator of the Donation/Collection Bin and/or Owner of the property on which the Donation/Collection Bin is located to correct any non-compliance. Failure to complete the correction within the time included in the notice may lead to the removal of the Donation/Collection Bin at the expense of the property Owner. 3. Administration and Enforcement a) Municipal By-law Enforcement Officers are authorized to enforce the provisions of the by-law on behalf of the Municipality. 4. Offences and Penalties a) Any person who contravenes any of the provisions of the by-law is guilty of an offence and upon conviction thereof, is liable to a minimum fine of $500.00 and a maximum fine of $100,000.00 as provided for in subsection 429(1) and (3) of the Municipal Act, 2001, S.O. 2001 Ch.25, as amended. b) If an Owner fails to comply with the by-law, the Municipality may enter upon the Owner s property at any reasonable time for the purposes of remedying any contravention, including but not limited to removing the Donation/Collection Bin. c) Costs incurred by the Municipality in removing the Donation/Collection Bin and any debris, or matters ancillary thereto, may be recovered by action or adding the costs to the tax roll and collecting them in the same manner as taxes. 5. Transition and Effective Date a) Any Operator of a Donation/Collection Bin may take advantage of a one year grace period for compliance with the terms of this by-law by providing the Municipality s Chief Building Official with proof of the existence of a Donation/Collection Bin as of the date of the by-law, such proof to be satisfactory to the Chief Building Official, in his/her sole discretion. Where an Operator does not provide such proof, they shall comply with all terms of this by-law as of the effective date below. Following the one-year grace period described in this section, all existing Donation/Collection Bins approved by the Chief Building Official shall comply with the terms of this by-law. b) This By-Law shall come into full force and effect on the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this day of, 2015. 2