§ 70-80. Donation collection bins prohibited; exceptions.

(a)

Definitions. As used in this section, the following terms shall have the following meaning:

(1)

Donation collection bin. A receptacle or container designed with a door, slot or other opening and which is intended to accept and store items donated by the public.

(2)

Unattended donation collection bin. A donation collection bin which does not meet or satisfy the conditions of subsection (c) hereof.

(b)

Donation collection bins prohibited. Except as provided in subsection (c) hereof, 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 property within the City of Lafayette or the unincorporated areas of the Parish of Lafayette.

(c)

Exception. A donation collection bin shall be exempted from the provision of subsection (b) above only if it complies with the following criteria:

(1)

The donation collection bin is supervised by personnel directly employed by the person or entity and whom must be present at the permanently placed donation collection bin for five days a week (except holidays) to accept donations.

(2)

The donation collection bin is operated by the applicable person or entity and is permanently placed and contained wholly upon improved property which is (a) owned by the applicable person or entity, or (b) leased by the applicable person or entity pursuant to a lease having a lease term for a period of not less than one year.

(3)

The collection and distribution of donated items and proceeds thereof must be conducted by the applicable person or entity owning or leasing and operating the donation collection bin and not by a licensee, subcontractor or agent of said person or entity; provided, however, that this subsection shall not prevent the applicable person or entity from contracting with a licensed common carrier to transport donated items to a disaster site for distribution of same to victims of the disaster.

(4)

Donation collection bins that meet the exception requirements of subsection (c)(1) herein shall have been approved by the director of the department of public works, or his designee, as meeting the requirements for wind resistance established for the City of Lafayette and/or the unincorporated areas of the Parish of Lafayette.

(5)

Electrical connections to a bin shall be prohibited.

(6)

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.

(7)

For each permanently placed donation collection bin excepted herein, the person or entity shall submit a declaration of use in a form meeting with the approval of the director of the department of public works, or his designee, said declaration of use shall specify compliance with the conditions set forth in subsection (c) herein.

(d)

Designation of enforcement officer. The director of the department of public works, or his designee, shall designate an enforcement officer who shall be responsible for the removal of any unattended donation collection bins.

(e)

Notification. Whenever the enforcement officer ascertains that an unattended donation collection bin is present on any property within the City of Lafayette and/or the unincorporated areas of the Parish of Lafayette, the enforcement 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 a brief description of the 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 the Department of Public Works, or his designee.

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

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

(f)

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

(g)

Assistance of Lafayette Police Department or Lafayette Parish Sheriff's Department. If the enforcement officer is unable to successfully remove an unattended donation collection bin, the enforcement officer or his designee may secure the assistance of the Lafayette Police Department in the City of Lafayette or the Lafayette Parish Sheriff's Department in the unincorporated areas of the Parish of Lafayette to effect the removal of said bin.

(h)

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

(i)

Destruction of unattended donation collection bin. Whenever an unattended donation collection bin remains unclaimed as provided in subsection (e) above, it shall be destroyed by order of the director of the department of public works, or his designee. The contents of the bin may be destroyed or donated to charity.

(j)

Recovery of costs. All costs incurred pursuant to this section shall be paid by the owner of the unattended donation collection bin. At the request of the enforcement officer, the city-parish attorney may institute a suit in the name of LCPG to recover such expenses against the bin owner. The provisions of subsection 1-9(f) of the Code shall be applicable thereto.

(k)

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

(l)

Non-liability for enforcement. No person who enforces this section as provided herein shall be liable for any damages to persons or property associated with the enforcement thereof.

(Ord. No. O-035-2011, § 2, 2-15-11)