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ORDINANCE AMENDING SECTION 33-19 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PROVIDE FOR PERMANENT DONATION COLLECTION BINS ON IMPROVED PROPERTY OWNED BY A CHARITY AND PROVIDING FOR BUFFERING, SET BACKS AND PERMIT REQUIREMENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-19 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-19. Donation collection bins prohibited; exceptions.
(a) Donation collection bins prohibited[[; exceptions]]. 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. 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[[; provided, however, the definition of donation collection bins shall not include non-motorized vehicles which comply with the following criteria:]]>>.<<
>>(b) Exceptions. The following shall be exempted from the provision of section (a) above:
(1) Non-motorized vehicles which comply with the following criteria:<<
(i) The non-motorized 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 non-motorized 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 non-motorized 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 non-motorized vehicles shall be located on sites in accordance with the requirements of Section 33-238(5); provided further that said non-motorized 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 non-motorized 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.
Non-motorized 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 that are contained wholly upon improved property owned 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 provided that the collection bin shall be permanently affixed to the property and shall have been approved by the Director of the Building Department as meeting the requirements for wind resistance established for Miami-Dade County. Said permanent 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 such permanent bin shall require a permit from the Department prior to placement on the property. No permanently placed bin shall have a floor area in excess of 20 square feet and shall not exceed a height of 6 feet. 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.<<
[[(b)]]>>(c)<< Designation of enforcement officer. The Director shall designate an enforcement officer who shall be responsible for the removal of >>illegal<< donation collection boxes.
[[(c)]]>>(d)<>n 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.
[[(d)]]>>(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.
[[(e)]]>>(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.
[[(f)]]>>(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.
[[(f)]]>>(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.
[[(h)]]>>(i)<[[(i)]]>>(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.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word �ordinance� may be changed to �section,� �article,� or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.


1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.