A002-09
Donation Bins Policy
Policy statement
1 To protect the safety and visibility of Restricted Spaces, while providing a framework for the removal of Donation Bins that are placed within Restricted Spaces.
Purpose of this policy
2 The purpose of this policy is to promote and maintain the health and safety of citizens by prohibiting the placement of Donation Bins within Restricted Spaces. This Policy provides a framework for the removal and disposal of Donation Bins impermissibly located within Restricted Spaces.
Application
3 This Policy applies to every individual or organization whose Donation Bins are placed within Restricted Spaces.
Interpretation
4 (1) Schedule “A” contains definitions of terms used in this Policy.
(2) Unless otherwise provided in this Policy, words and phrases used herein have the same meanings as in the Community Charter, S.B.C. 2003, c. 26, Local Government Act [RSBC 2015] c. 1, R.S.B.C. 2015, c. 1, and Interpretation Act, R.S.B.C. 1996, c. 238, or as the context and circumstances may require.
(3) A reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or bylaw refers to that enactment, as amended or replaced from time to time.
(4) A reference to a Schedule or other document attached to this Policy refers to a Schedule or other document that is attached to and forms part of this Policy.
(5) Words in the singular include the plural and gender specific terms include both genders and corporations.
(6) Headings in this Policy are for convenience only and must not be construed as defining, or in any way limiting the scope or intent of this Policy.
(7) If any part of this Policy is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to bevalid.
Definitions
5 In this Policy:
"City" means the City of Abbotsford.
"Donation Bin" means a container or receptacle for use as a collection point for the donation and temporary storage of clothing or other goods for charitable purposes or for resale.
"General Manager of Engineering and Regional Utilities" means the City's General Manager, Engineering and Regional Utilities or person designated to act on his or her behalf.
"Highways" has the same meaning as in the Street and Traffic Bylaw, 2006.
"Owner" has the same meaning as in the Local Government Act.
"Restricted Spaces" means land owned or occupied by the City, Highways, and Sidewalks within the City.
"Sidewalk" has the same meaning as in the Street and Traffic Bylaw, 2006.
Guiding principles
6 (1) Donation Bins must not be placed in Restricted Spaces.
(2) If a Donation Bin is found in a Restricted Space, the General Manager of Engineering and Regional Utilities may cause a removal letter to be sent to the Owner of the Donation Bin.
(3) Every Owner must remove a Donation Bin referred to in subsection (2) within 14 days of receiving a removal letter referred to in subsection (2).
(4) If a Donation Bin is not removed as required under this Section, the General Manager of Engineering and Regional Utilities may cause the Donation Bin to be removed and stored at the City's Operations Yard.
(5) If a Donation Bin has been removed and stored in accordance with subsection (4), the General Manager of Engineering and Regional Utilities must cause a letter to be sent to the Owner of the Donation Bin advising that the Donation Bin must be collected from the Operations Yard within 30 days.
(6) If the Owner of a Donation Bin does not cause the Donation Bin to be collected from the Operations Yard within 30 days, the General Manager of Engineering and Regional Utilities may cause the Donation Bin to be sold at auction in accordance with the Street and Traffic Bylaw, 2006.
(7) The proceeds of an auction conducted under subsection (5) will be applied in accordance with the Street and Traffic Bylaw, 2006.
Exclusions
7 This policy does not apply to Donation Bins co-located with a facility on City-owned land and not situated in an area that is open to the public outside of the facility’s public operating hours.
Waiving of requirements
10 Subject to applicable enactments and the City's bylaws, the City Manager may waive this Policy or authorize an exemption on a case-by-case or class basis.