This is the exact embedded text of the captured official document.
Snapshot 1cd3e2ab5dd3 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
5010950
May 13, 2016
CITY OF RICHMOND
DONATION BIN REGULATION
BYLAW NO. 9502
EFFECTIVE DATE - July 1, 2016
5010950
May 13, 2016
DONATION BIN REGULATION
BYLAW NO. 9502
TABLE OF CONTENTS
PART ONE - GENERAL PROVISIONS .......................................................................1
PART TWO - PERMITS ..................................................................................................2
PART THREE - VIOLATIONS AND PENALTIES .....................................................2
PART FOUR - INTERPRETATION ..............................................................................3
PART FIVE - SEVERABILITY AND BYLAW CITATION .......................................3
PART SIX - FEES BYLAW .............................................................................................4
5010950
May 13, 2016
Bylaw No. 9502
Donation Bin Regulation Bylaw No. 9502
The Council of the City of Richmond enacts as follows:
PART ONE: GENERAL PROVISIONS
1.1
Authorizations
1.1.1
The General Manager Engineering & Public Works is authorized to establish
donation bins locations on City land pursuant to the provisions of this bylaw and
to issue permits and establish a proposed fee structure for the placement and use
of donation bins on City land.
1.1.2
The General Manager Engineering & Public Works may designate particular
portions of City land as donation bin locations, in accordance with the following:
(a) will not impede traffic flow or access to highways, roads, lanes, sidewalks, or
pedestrian pathways within the City;
(b) not within the sightline triangle of any street intersection;
(c) not in contravention of any of the City's bylaws applicable to traffic, including
but not limited to the City's Traffic Control and Regulation Bylaw No. 5870,
as amended or replaced from time to time;
(d) will not cause health or safety risks to 'residents' of the City; and
(e) may include portions of City roads, sidewalks, parking lots, community
centres and/or unused park land.
1.2
Prohibitions
1.2.1 No person shall place, install or maintain a donation bin, for the collection of any
type of donations, on any portion of City land, except in accordance with this bylaw
and a permit issued pursuant this bylaw.
PART TWO: PERMITS
2.1
Permit Application & Issuance
2.1.1
Every applicant for a permit to place a donation bin on City land must:
Bylaw No. 9502
Page 2
5010950
a) be a charity;
b) provide to the General Manager Engineering & Public Works:
i)
a completed application in the form, and containing such information as,
required by the General Manager Engineering & Public Works from time
to time, including but not limited to:
a. the applicant's charitable registration number;
b. if the applicant's donation bin(s) are owned and/or operated by an
agent bin operator, the name and contact information for said agent
bin operator; and
c. a photograph or pictorial depiction and written description of the
donation bin,
which application shall be signed by the applicant or by an individual who
has legal authority to bind the applicant;
ii) a signed letter or statement with respect to the applicant's registered
charitable status, the applicant's charitable work conducted within the City
and/or for the benefit of the 'residents' of the City, and the applicant's
ability to operate and maintain the donation bins to the standard set out
in this bylaw, and containing a representation that the applicant gains
ownership of all items donated through the donation bins it owns,
operates and/or receive the benefit from, and receives at least 50% of the
net proceeds from such donations;
iii) certificate of insurance, in a form and on terms acceptable to the City's
Risk Manager, to provide $5,000,000 general liability insurance and
naming the City as an additional insured; and
iv) a release and indemnity by the applicant in favour of the City, in a form
and on terms acceptable to the City's Risk Manager, and if applicable, a
release and indemnity by the applicant's agent bin operator in favour of
the City, in a form and on terms acceptable to the City's Risk Manager.
2.1.2
The General Manager Engineering & Public Works may issue a permit to an
applicant for all or some of the applicant's existing and proposed locations for
donation bins, provided the applicant:
a) has complied with the requirements set-out in section 2.1.1 of this bylaw;
b) is not in breach of any term or condition of this bylaw or any current or
previous permit issued to the applicant by the City; and
c) has paid to the City the fees set-out in section 2.1.3 of this bylaw.
Bylaw No. 9502
Page 3
5010950
The allocation of locations for each permit shall comply with Section 2.1.7 of this
bylaw. A permit may contain such additional terms and conditions deemed
advisable by the General Manager Engineering & Public Works.
2.1.3 Upon approval of an application for a permit by the General Manager
Engineering & Public Works, the applicant will pay to the City the applicable
annual permit fees set-out in the Consolidated Fees Bylaw No 8636, and
security by way of a damage deposit in the amount set-out in the Consolidated
Fees Bylaw No 8636. For applications approved on or after July 1 of a calendar
year, the permittee will pay 50% of the applicable annual permit fees, and will
pay the full amount of the damage deposit each as set-out in the Consolidated
Fees Bylaw No 8636.
2.1.4
A permit issued pursuant to section 2.1.2 of this bylaw is valid from the date of
issue to December 31 of the calendar year for which the permit is issued.
2.1.5
Neither the temporary nor permanent removal nor relocation of a donation bin by
the General Manager Engineering & Public Works pursuant to this bylaw nor the
revocation or surrender of a permit entitles the permittee to a refund of any portion
of any annual permit fee paid pursuant to section 2.1.3 of this bylaw.
2.1.6
A permit is considered in good standing if:
a) all annual permit fees, as outlined in section 2.1.3 are fully paid;
b) the permittee is a charity;
c) business licence fees payable under the City's Business Licence Bylaw No.
7360, as amended or replaced from time to time, are fully paid; and
d) an identification decal has been affixed to each donation bin covered by the
permit, in accordance with any instructions provided by the City.
2.1.7
The General Manager Engineering & Public Works will determine where to
locate donation bins on City land, donation bin locations, and may prohibit or
limit the number of donation bins or bin operators in any portion of City land or
donation bin location. The general allocation of donation bins locations will
be based on the following:
a) donation bins locations will be allocated to the interested applicants by
way of a lottery draw and/or a committee established by the General
Manager Engineering & Public Works, on the basis of rules the General
Manager Engineering & Public Works considers just and equitable in the
circumstances; and
b) in the allocation of donation bin locations, preference will be given to having
one bin operator per donation bin location, however the General Manager
Engineering & Public Works may allocate donation bin locations to one or
more bin operators within a single portion of City land in accordance with the
provisions of this bylaw and the permits granted hereunder.
Bylaw No. 9502
Page 4
5010950
2.2 General Permit Conditions
2.2.1 Subject to the terms and conditions of this bylaw, a permit that is in good
standing in accordance with Section 2.1.6 of this bylaw gives the permittee the
non-exclusive licence to place, or cause to be placed, one or more donation
bins on the donation bin location specified in the permit, in accordance with
the provisions of this bylaw and the permit.
2.2.2 A permit does not vest any ownership or other interest in land to the permittee.
2.2.3 A permittee must not dispose, assign or sub-licence a permit, or any of the
permittee's rights or obligations under the permit, to another person, without the
City's prior written approval.
2.2.4 A permittee must ensure that each of the donation bins it owns, operates,
and/or receives the benefit from:
a) are not placed outside of the boundaries of the applicable donation bin
location as specified in their permit;
b) are not chained or fastened to any utility apparatus, including any traffic signal,
traffic control device, street light, hydro or telephone pole or signpost, fire
hydrant, parking meter, bus shelter, telephone booth, post box, benches or
trees;
c) display clear identification information with the permittee's name, contact
information, charity status, and registered charity number, in lettering no smaller
than 100 millimetres x 75 millimetres and of a contrasting colour to the colour of
the donation bin;
d) display an identification decal in accordance with any instructions provided by
the City;
e) display a written or pictorial list of items that can be donated by members of the
public in the donation bin;
f) display a clear written or pictorial notice that all donation articles must fit into the
donation bin, prohibiting any items to be left outside or around the donation
bin on or near the donation bin location, and prohibiting the donation of items
that may create a safety hazard, including but not limited to paint, garbage,
soiled rags, propane or any other like items;
g) display the telephone number for a 365 day a year, manned 24-hour on-call line
for use by the City and the public to report to the permittee and, if applicable,
the permittee's agent bin operator, any issues with the donation bin,
including but not limited to the dumping of items and/or debris outside the
donation bin or damage to the donation bin;
h) display a donation pick up schedule for the donation bin;
i)
display "No Dumping" signage;
Bylaw No. 9502
Page 5
5010950
j)
display a brief written message identifying the permittee's charitable works
benefiting the 'residents' of the City, which were set out the permittee's
application letter submitted pursuant to Section 2.1(b)(ii) of this bylaw;
k) do not display any third party advertising. For the purposes of this bylaw, if the
permittee's donation bin is owned or operated by an agent bin operator, any
information or imagery on the donation bin regarding or related to the
permittee shall not constitute third party advertising;
l)
are not placed such as to obstruct clear sight triangles, circulation, setbacks,
parking and driveways;
m) are not placed within the sightline triangle of a street intersection, as outlined in
the visibility clearance provision set-out in section 5.1 of the City's Traffic Bylaw
No. 5870, as amended or replaced from time to time;
n) are not placed so as to create safety hazards or to restrict accessibility for
pedestrians, motorists and the public accessing the donation bin;
o) do not exceed the following dimensions:
Width - 1.2 metres
Depth - 1.3 metres
Height - 1.9 meters;
p) are professional in appearance and construction; and
q) comply with all applicable provisions of this bylaw and the permit applicable to
the donation bin.
2.2.5 A permittee, throughout the term of the permit, must comply with the following:
a) the permittee must continue to be a charity;
b) maintain commercial general liability insurance coverage, naming the City as
an additional insured entitled to full coverage, in the amount of Five Million
Dollars ($5,000,000) per occurrence, protecting the City against all claims for
personal injury, death, bodily injury or property damage arising out of the
occupying, servicing or operation or the actions of the permittee or any agent of
the permittee, including but not limited to any agent bin operator. The
permittee will be responsible for any and all deductible amounts including any
claim expenses incurred and policy premium payments. Such insurance shall
include on an occurrence basis with respect to third party liability claims for
bodily injury, property damage, and personal injury.
c) maintain insurance, or cause insurance to be maintained, for the vehicles used
in servicing, maintaining, and picking-up from the donation bin(s) permitted
under said permit;
Bylaw No. 9502
Page 6
5010950
d) maintain with the City, and provide to the City on request, an up-to-date list of
the specific locations of all donation bin(s) owned and/or operated by the
permittee, and, if applicable, owned and/or operated by the permittee's agent
bin operator, on City lands;
e) remove, or cause to be removed, all rubbish or other accumulated materials
within five (5) metres of the donation bin(s) permitted under said permit in all
directions, within twenty four (24) hours of the City or the public reporting such
circumstances to the permittee or, if applicable, the permittee's agent bin
operator; and
f) upon request by the City, provide to the General Manager Engineering &
Public Works an updated signed letter or statement containing the same
information outlined in section 2.1.1(b)(ii) .
2.2.6 A permittee must maintain, or cause to be maintained, the donation bins it
owns, operates and/or receives the benefit from, in accordance with the
following:
a) with regular maintenance and painting, in a good state of repair, in good
working order and free of graffiti, to the satisfaction of the General Manager
Engineering & Public Works;
b) in a clean and tidy condition, free of the overflow of items and litter from the
donation bins, and free of items and litter left outside the donation bins
within a five (5) metre radius of the donation bins, with all items and litter
disposed of using the permittee's own resources and at the permittee's cost
and expense; and
c) the permittee will conduct, or will cause to be conducted, regular scheduled
pick-up of donated items and emptying of the donation bins, using the
permittee's own resources and at the permittee's cost and expense, and in
accordance with the schedule displayed on the donation bin pursuant to
2.2.4(h) above. Such regular pick-up by the permittee or the permittee's agent
bin operator will occur between 9 a.m. and 9 p.m.. Upon the request of the
City, the permittee will conduct, or will cause to be conducted, additional pick-
ups of donated items and emptying of the donation bins, using the permittee's
own resources and at the permittee's cost and expense.
2.2.7
If the permittee fails to comply with sections 2.2.5(e) and/or 2.2.6(b), the City is
authorized to complete any work not carried out by the permittee and the clean-up
fee, as set out in the City's Consolidated Fees Bylaw No 8636, plus labour costs
incurred by the City, will become immediately due and owning by the permittee. At
the discretion of the General Manager Engineering & Public Works, the City
may draw on the permittee's damage deposit to pay such fees and costs. Within
thirty (30) days of receipt of written notification from the City of the draw from the
damage deposit, the permittee shall provide the City with additional funds such
that the permittee's damage deposit is returned to its previous amount.
2.2.8
In addition to the provisions of this bylaw, every Permittee must comply with all
other City bylaws applicable to its business and operation.
Bylaw No. 9502
Page 7
5010950
2.3
Permit Revocation
2.3.1
Any permit issued pursuant to the this bylaw may be revoked by the City's
General Manager Engineering & Public Works, without notice, if
a) the application submitted by the permittee pursuant to section 2.1.1(a)of this
bylaw contains false or misleading information, and the permittee does not
correct such information to the satisfaction of the General Manager
Engineering & Public Works;
b) the permittee's certificate of insurance, provided to the City pursuant to section
2.1.1(iii)of this bylaw, is void or cancelled by the insurer and the permittee does
not promptly provide proof of replacement insurance, to the satisfaction of the
City's Risk Manager; or
c) the permittee is in contravention of or fails to comply with any of the provisions
of this bylaw or the permit.
2.3.2 Any permit issued pursuant to this bylaw may be revoked by the General Manager
Engineering & Public Works for any reason, without cause, by providing thirty
(30) days prior written notice to the permittee.
2.3.3
For the purposes of this Section 2.3.2, written notice will be deemed to have been
given four (4) days following mailing of the notice, if sent by ordinary prepaid mail, to
the permittee's address as set out in the application for the permit or the most
recent address provided by the permittee to the City, and the next business day if
sent via facsimile or e-mail.
2.4
Donation Bin Removal or Relocation
2.4.1 The General Manager Engineering & Public Works may order, at any time and
without notice, the temporary or permanent removal or relocation of any donation
bin, without compensation to the permittee or, if applicable, the permittee's agent
bin operator, for the loss of use of a donation bin:
a) which or who the General Manager Engineering & Public Works considers
creates a safety hazard;
b) due to a special event;
c) due to City work on utilities, streets, sidewalks, bus or transit stops or shelters,
or any other structures or improvements, or any other construction;
d) which do not comply with any provisions of this bylaw or the permit applicable
to the permittee; or
e) for any reason, without cause, at the discretion of the General Manager
Engineering & Public Works.
2.4.2
The permittee will permanently remove, or cause to be removed, the donation bin
subject to its permit, the donation bin contents, and any related installations,
Bylaw No. 9502
Page 8
5010950
from a donation bin location and restore the portion of City land used by the
permittee to its former condition, within twenty-four (24) hours, of:
a) the expiry of a permit applicable to the donation bin location if a new permit
is not issued by the City to the permittee for the same donation bin location;
or
b) revocation of a permit applicable to the donation bin location, in accordance
with section 2.3.1 or 2.3.2 of this bylaw.
2.4.3
(a) Upon the adoption of this bylaw by the City, all bin operators not satisfying the
requirements of Section 2.1.1 and not being a permittee's agent bin operator,
will permanently remove their donation bins from City land and restore the
portion of City land used to its former condition.
(b) If a bin operator refuses or fails to remove or relocate a donation bin pursuant
section 2.4.3(a) of this bylaw, the General Manager Engineering & Public
Works is authorized, without further notice to the bin operator, to remove the
donation bin.
2.4.4 The permittee will restore the portion of City land used by the permittee to its
former condition upon any removal or relocation of a donation bin ordered by
the General Manager Engineering & Public Works pursuant to section 2.4.1 of
this bylaw.
2.4.5 If a permittee or bin operator fails to comply with section 2.4.2, 2.4.3(a) or 2.4.4
of this bylaw, the City is authorized to complete any work not carried out by the
permittee or bin operator and any fees in relation to such work, including but not
limited to the removal fee, storage fee and/or disposal fee, as set out in the
City's Consolidated Fees Bylaw No 8636 will become immediately due and
owing by the permittee or bin operator, and any costs or expenses incurred by
the City, in excess of the applicable fees, will become a debt immediately due
and owing by the permittee or bin operator, as applicable. In the case of
permittee's, the City may draw on the permittee's damage deposit to pay
such fees, costs and expenses, at the discretion of the General Manager
Engineering & Public Works. Within seven (7) days of such draw on the damage
deposit by the City, the permittee shall provide the City with additional funds
such that the permittee's damage deposit is returned to its previous amount.
2.4.6
If the permittee refuses or fails to remove or relocate a donation bin as directed by
the General Manager Engineering & Public Works pursuant to section 2.4.1, or
as set out in section 2.4.2 of this bylaw, the General Manager Engineering &
Public Works is authorized, without further notice to the permittee or, if applicable,
to the permittee's agent bin operator, to remove the donation bin.
2.4.7
Donation bins removed by the City pursuant to sections 2.4.6 or 2.4.3(b) of this
bylaw will be stored by the City for thirty (30) days and may be picked up by the
permittee, the permittee's agent bin operator, or bin operator, as applicable,
upon payment of the removal fee and the storage fee set-out in the Consolidated
Fees Bylaw No 8636, plus recovery and labour costs incurred by the City.
Bylaw No. 9502
Page 9
5010950
2.4.8 Any donation bin, including its contents, removed by the City pursuant to sections
2.4.6 or 2.4.3(b) of this bylaw and left unclaimed by the permittee, the permittee's
agent bin operator, or bin operator, as applicable, for a period in excess of thirty
(30) days become the property of the City and may be disposed by the City, in its
discretion, without compensation to the permittee, the permittee's agent bin
operator, or bin operator, as applicable, and the removal fee, the storage fee, and
the disposal fee set-out in the Consolidated Fees Bylaw No 8636, plus recovery
and labour costs incurred by the City, will become immediately due and payable by
the permittee or bin operator, as applicable.
2.4.9 Notwithstanding, sections 2.4.1 and 2.4.6, the City reserves right to temporarily
remove and relocate donation bins if the City needs to do work in, on, under,
over, or adjacent to the applicable donation bin location, without compensation
to the permittee or, if applicable, the permittee's agent bin operator.
2.5
Damage Deposit
2.5.1 The General Manager Engineering & Public Works will, within sixty (60) days of
the expiration, or earlier revocation or termination, of a permit, return to the
permittee any unused portion of the permittee's damage deposit.
2.5.2 If, at the expiry of its existing permit, a permittee is applying for a new permit, the
permittee may request that the unused portion of the existing damage deposit be
applied against the required damage deposit for the new permit.
PART THREE: VIOLATIONS AND PENALTIES
3.1
(a)
A violation of any of the provisions identified in this bylaw shall result in liability
for penalties and late payment amounts established in Schedule A of the
Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, as amended
and replaced from time to time; and
(b)
A violation of any of the provisions identified in this bylaw shall be subject to
the procedures, restrictions, limits, obligations and rights established in the
Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, as amended
and replaced form time to time, in accordance with the Local Government
Bylaw Notice Enforcement Act, SBC 2003, c. 60, as amended and replaced
form time to time.
3.2
Any person who contravenes or violates any provision of this bylaw, or any permit
issued under this bylaw, or who suffers or allows any act or thing to be done in
contravention or violation of this bylaw, or any permit issued under this bylaw, or who
fails or neglects to do anything required to be done under this bylaw, or any permit
issued under this bylaw, commits an offence and upon conviction shall be liable to a fine
of not more than Ten Thousand Dollars ($10,000.00), in addition to the costs of the
prosecution, and where the offence is a continuing one, each day that the offence is
continued shall constitute a separate offence.
PART FOUR: INTERPRETATION
Bylaw No. 9502
Page 10
5010950
4.1
In this bylaw, the following words have the following meanings:
AGENT BIN OPERATOR
means a bin operator who owns the donation bins
operated by an applicant or permittee, who
operates donation bins in the name of and for the
benefit of an applicant or permittee where such
donation bins are owned by the applicant or
permittee, or who owns and operates donation
bins in the name of and for the benefit of an
applicant or permittee.
APPLICANT
means a person applying for a permit to place a
donation bin on City land pursuant to this bylaw.
BIN OPERATOR
means the person, charity, corporation, trust, or
partnership or organization that owns and/or
operates a donation bin.
CITY
means the City of Richmond.
CITY LAND
means land for which the City is the registered
owner in fee simple or leasehold, and all roads,
highways, lanes, sidewalks, boulevards or other
public rights-of-way held by and/or registered in
favour of the City, including, but not limited to, all
statutory rights-of-way over privately owned land for
the purposes of vehicular or pedestrian purposes.
CHARITY
means
a
registered
charity,
as
defined
in
subsection 248(1) of the Income Tax Act, R.S.C
1985 (5th Supp) or successor legislation, that has
been issued a charitable registration number by the
Canadian Revenue Agency, or successor agency.
COUNCIL
means the Council of the City.
DAMAGE DEPOSIT
means security paid by an applicant to the City, in
the form of a cash deposit, an irrevocable letter of
credit, or a certified cheque payable to the City.
DONATION BIN
means any receptacle used for the purpose of
collecting clothing and other small reusable item
donations from the public.
DONATION BIN LOCATION
means the precise location on City land where that
donation bins may be placed, as designated by the
General Manager Engineering & Public Works.
GENERAL MANAGER
means the person appointed by Council to the
Bylaw No. 9502
Page 11
5010950
ENGINEERING & PUBLIC
position of General Manager of Engineering and
WORKS
Public Works or those positions or persons
designated by Council to act under this bylaw in the
place of the general manager.
IDENTIFICATION DECAL
means a decal, in the form required by the City from
time to time, containing the following information in
clear and legible writing:
(a)
the permit reference number and calendar
year for which the permit is issued; and
(b)
the current contact name, address and
telephone
number
for
the
permittee
responsible for emptying and maintaining the
donation bin.
PERMIT
means a permit issued by the General Manger
Engineering & Public Works pursuant to section
2.1.2 of this bylaw.
PERMITTEE
means a person who has been issued a permit.
PART FIVE: SEVERABILITY AND BYLAW CITATION
5.1
If any part, section, sub-section, clause, or sub-clause of this bylaw is, for any reason, held
to be invalid by the decision of a Court of competent jurisdiction, such decision does not
affect the validity of the remaining portions of this bylaw.
5.2
This bylaw is cited as "Donation Bin Regulation Bylaw No. 9502" and is effective
July 1, 2016.
PART SIX: FEES BYLAW
6.1
The Consolidated Fees Bylaw No. 8636, as may be amended from time to time, applies
to this bylaw.
FIRST READING
SECOND READING
THIRD READING
ADOPTED
MAYOR
CORPORATE OFFICER
CITY OF
RICHMOND
APPROVED
for content by
originating
dept.
APPROVED
for legality
by Solicitor