Donation bins prohibited

(a)

Generally. 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 trailers, where personnel are present to accept donations.

(b)

Designation of enforcement officer. The director shall designate an enforcement officer who shall be responsible for the removal of donation collection boxes.

(c)

Notification. Whenever the enforcement officer ascertains that a donation collection bin is present on any property within unincorporated 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 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 City of Miami.

Date 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 inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

(d)

Removal of donation collection bin. If at the end of 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)

Assistance of city 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/her designated representatives may secure the assistance of the City of Miami police department to effect the removal of said bin.

(f)

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.

(g)

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 Dade County. The contents of the bin may be destroyed or donated to charity.

(h)

Recovery of costs. All costs incurred pursuant to this section shall be paid by the owner of the donation collection bin. The enforcement officer may institute a suit to recover such expenses against the bin owner.

(i)

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.

(Ord. No. 11531, § 2, 7-24-97; Ord. No. 13676, § 2, 4-27-17)

Secs. 22-162—22-169. - Reserved.

ARTICLE VII. - RESERVED[4]

Footnotes: --- (4) ---

Editor's note— Ord. No. 14351, § 3, adopted February 13, 2025, repealed the former article VII, sections 22-170—22-174 in its entirety, which pertained to the commercial solid waste and recycling management advisory committee and derived from Ord. No. 11849, § 3, adopted October 26, 1999, and Ord. No. 13693, § 2, adopted July 13, 2017.

Secs. 22-170—22-179. - Reserved.

ARTICLE VIII. - HANDBILLS