Miami-Dade Legislative Item
File Number: 122248
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File Number: 122248 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: COLLECTION BINS ORDINANCE Introduced: 11/7/2012
Requester: NONE Cost: Final Action: 12/18/2012
Agenda Date: 2/5/2013 Agenda Item Number: 7J
Notes: SEE 130286 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE RELATING TO ZONING; MODIFYING RESTRICTIONS RELATING TO DONATION COLLECTION BINS; AMENDING SECTION 33-19 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 121833]
Indexes: COLLECTION BINS
  ZONING ORDINANCE
Sponsors: Lynda Bell, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/5/2013 7J Amended
REPORT: SEE LEGISLATIVE FILE NO. 130286 FOR AMENDED VERSION.

Board of County Commissioners 1/23/2013 15F1 Reconsidered & Passed 11-0 & Second Reading Rescheduled for 2/5/13 BCC 2/5/2013 P
REPORT: The Board reconsidered this ordinance for the purpose of re-advertising it for second reading at a subsequent public meeting in order to amend it. This motion was seconded by Chairwoman Sosa, and upon being put to a vote, passed by a vote of 11-0 (Commissioners Jordan and Suarez were absent). Note: The foregoing Item was initially considered and adopted at the December 18, 2012 Board of County Commissioners Meeting. (See Agenda Item 7B; Legislative File No. 122248 of Legistar Meeting No. 3285)

Board of County Commissioners 12/18/2012 7B Adopted as amended P
REPORT: County Attorney Robert Cuevas read into the record the title of the foregoing proposed ordinance. Assistant County Attorney Dennis Kerbel read two amendments which the sponsor of the item requested. He said that on handwritten page 6, in sub-paragraph iv, the item should be amended to state “shall not exceed a height of 7 feet”, instead of 6 feet. He explained that this would change the existing regulations to conform to the proposed regulations. He noted on handwritten page 7, in sub-paragraph ii, instead of “no more than two such donation collection bins may be located on such site”, the item should be amended to state “no more than one bin per acre may be located on such site”. Hearing no further questions or comments, the Board members proceeded to vote on the foregoing proposed ordinance, as amended. The amended version of this ordinance was assigned Ordinance No. 12-112. NOTE: On January 23, 2013, the Board reconsidered its action on the foregoing proposed ordinance for the purpose of re-advertising it for second reading at a subsequent public meeting for the purpose of amending it. (SEE MEETING KEY 3294.)

Board of County Commissioners 12/4/2012 7D Deferred 12/18/2012 P

Office of the Chairperson 11/29/2012 Deferrals
REPORT: The Sponsor requested deferral of this item to the December 18, 2012 BCC meeting.

Infrastructure and Land Use Committee 11/15/2012 1F3 SUB. Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing on the foregoing proposed ordinance. Ms. Sarah Hollingsworth, representing the Salvation Army, appeared before the Committee in support of this ordinance. She requested that the height of the boxes be raised to seven feet. She said that the Salvation Army currently had 46 boxes that it had been unable to display because their height exceeded six feet. She indicated that these boxes were placed in churches and the Salvation Army paid $100 per month to these churches for this privilege. She stressed that these boxes were vital for clothing donations. Commissioner Bell noted she believed that Item 1F3 Substitute allowed the height of the donation boxes to be seven feet. Assistant County Attorney Dennis Kerbel confirmed that Item 1F3 Substitute provided that the height of the donation boxes should not exceed seven feet. Commissioner Bell noted this ordinance’s intent was to help legitimate organizations such as the Salvation Army or Goodwill, and to curtail the illegitimate organizations that were taking the donations to sell them on the street. Chairwoman Edmonson closed the public hearing after no one else appeared wishing to speak. Hearing no further questions or comments, the Committee members proceeded to vote on the foregoing proposed ordinance, as presented.

County Attorney 11/7/2012 Referred Infrastructure and Land Use Committee 10/15/2012

County Attorney 11/7/2012 Assigned Dennis A. Kerbel

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING; MODIFYING RESTRICTIONS RELATING TO DONATION COLLECTION BINS; AMENDING SECTION 33-19 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY


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:1
Sec. 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<<2 . 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 Director of the Building Department]] >>the Building Official<< as meeting the requirements for wind resistance established [[for Miami-Dade County]] >>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 6 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 specific 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<< >>two (2)<< [[one (1)]]>>such donation collection bin<< >>s<< >>may be located on such site;<<
>>(iii)<< [[(ii)]]>>Such donation collection bin must have wheels affixed to the bottom of the bin and be readily transportable;<<
>>(iv)<< [[(iii)]] >>Such collection bin shall display prominently the name of and contact information for the not-for-profit organization responsible for the bin;<<
>>(v)<< [[(iv)]]>>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.<< [[(v) The donation collection bin 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 ]] >>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<< [[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.<< >>Electrical connections to the bins shall be prohibited<<;
>>(vii)<< [[(vi)]]>>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)<< [[(vii)]]>> 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)<< [[(viii)]]>>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<< [[, except as may periodically be required to maintain the equipment and appliances]];
>>(x)<< [[(ix)]]>>When located outdoors, such collection bin shall be tied down to the land upon which it is located;<<
>>(xi)<< [[(x)]]>>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)<< [[(xi)]]>>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<< [[an annually renewable certificate of use]] >>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.<< [[; and
(xii) If such bin is located on property not owned or controlled by the not-for-profit organization responsible for the bin, the not-for-profit organization shall submit proof that the property owner consents, and the property owner and the not-for-profit organization shall be jointly and severally responsible for ensuring that the bin complies with the requirements of this subsection]]

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.
2 The differences between the substitute and the original item are indicated as follows: Words double stricken through and/or [[double bracketed]] are deleted, words double underlined and/or >>double arrowed<< are added.

The substitute differs from the original in that it requires the collection bins to be placed only on property owned by the tax-exempt non-profit responsible for the bin, permits 2 bins to be located on a site, eliminates the requirement that the bins be buffered from view, eliminates the requirement that bins be shown on site plans, requires a permit to be obtained prior to placement on the site, and specifies that the bins located inside buildings are not subject to the regulations.



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