By-law 8600 also prescribes that refuse bins located within a parking area or transport storage area be fully screened by a fence with a minimum height of 1.80m.

Amendments to Zoning By-law 8600 could be proposed to create regulations for clothing donation bins like those currently in place for refuse bins, but similar regulations could also be included in a licensing regime or standalone by-law without undertaking the considerably more complex process of a zoning by-law amendment. Additionally, unlike Options A and B, a zoning by-law amendment would not provide a mechanism to produce a comprehensive list of donation bins or their operators. Once amended, enforcement of Zoning By-law 8600 would be accomplished by issuing an Order to Comply. Failure to comply with the order would result in charges under the Provincial Offences Act and prosecution through the courts to enforce the Order.

Option D – Status Quo

Complaints related to donation bins in what can be deemed ‘normal’ years have been low. Enforcement mechanisms currently exist and, while it is difficult to act against those who may be leaving items unlawfully, it is possible to ensure the property is cleared of these items by approaching the property owners. Should Council decide on this option, issues with littering around clothing donation bins would continue to be addressed on a complaint-driven basis using existing powers through By-law 3-2006. In this case the property owner, as opposed to the donation box owner, would continue to be subject to repeat offender fees and clean up charges added to taxes.

Zoning By-law 8600 does not currently include restrictions to be enforced on clothing bin donation locations or activities.

Risk Analysis:

There are no risks associated with receiving this report for information.

As there has not been a significant number of complaints in recent years, there is a low level of risk if Council directs Administration to maintain the status quo. However, creating a regulatory system for donation boxes does mitigate the probability of any future risks and allows the City to ensure that standards are being upheld. Creating a regulatory system also follows the trend in other municipalities in Ontario, negating the possible risk of falling behind in legislative trends.

Financial Matters:

There are no financial impacts associated with receiving this report for information.

Should Council wish to take further action, the financial impacts of returning a report with regulatory options for clothing donation bins are typical of those associated with