encouraging the reporting of poor site conditions to operators who can remedy them quickest. Owner/operator contact information is often required, which allows residents to identify bins supporting local organizations. Nearly every municipality surveyed required written permission from the property owner as part of license applications, ensuring property owner consent when bins are located on their properties. Only Toronto’s regulations required any certification of the safety of bin construction, and no regulations were found requiring specific donation bin security or after-hours monitoring.
Options for regulating clothing donation bins in Windsor
Option A – Adding a Schedule to the Licensing Bylaw
By adding a schedule to Business Licensing By-law 395-2004, the City can require clothing donation bin operators to meet location, signage and zoning requirements in order to address concerns about misleading language. Servicing and security requirements for clothing donation bins could be noted and specifically composed to deal with the issues commonly cited. In this case, administration would advocate for a minimal licensing charge as well as a permit/sticker requirement for each bin. Similar to other municipalities, the fees would be nominal and could differ based on whether or not the organization operating the bin was a registered charitable organization or for-profit. If desired, licenses could also be restricted to charitable operators only, as in Markham.
Opting for an additional schedule under Business License By-law 395-2004 also allows for the creation and maintenance of a comprehensive list of donation bins in the City. Charges and fines could be issued based on non-compliance to the schedule’s requirements and repeated non-compliance could result in the licensee having the status of their licence reviewed by the Windsor Licensing Commission, possibly leading to suspension or revocation.
Option B – Creating a Standalone Bylaw
A standalone by-law would allow the regulation of clothing donation bins without requiring a licensing or permitting fee, as is done in Ottawa. In this scenario, a standalone by-law would include regulations relating to location, signage, zoning, ownership, servicing and security and any organization not in adherence with these regulations would be subject to enforcement. This option also allows for the creation and maintenance of a comprehensive list of donation bins in the City. Various compliance enforcement mechanisms could be included in a standalone bylaw including fines and repeat offender provisions levied on the licensee.
Option C – Amending Zoning By-law 8600
Zoning By-law 8600 contains some specific regulations for the placement of refuse bins, defined as “a refuse receptacle designed so as to be emptied mechanically by a commercial refuse collection vehicle,” commonly described as a “dumpster.” Zoning By-law 8600 prohibits refuse bins:
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in any zoning district if within a required yard, unless incidental to construction or waste removal activities undertaken on the same lot; and
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in a parking area if placed: