Unattended Collection Containers
If you see them, report them to the City
Under Upland Municipal Code Chapter 17.35.1, these are formally called “unattended collection containers.” They cannot simply be dropped into a parking lot. Each container must be registered with the City, have the property owner's express authorization, meet strict location and maintenance standards, carry liability insurance, and provide identifying information for the operator. (eCode360)
Clothing Donation Bins: What Is Upland Doing About Them?
You have probably seen them in shopping centers and parking lots throughout the community, large metal containers used for collecting clothing, shoes and other donated items. While many people understandably associate these containers with charitable giving, they can also become a source of illegal dumping, graffiti, overflowing debris and neighborhood blight when they are improperly placed or poorly maintained.
The City of Upland Municipal Code refers to these as “unattended collection containers,” and Upland has regulations specifically governing where they can be located and how they must be maintained.
Importantly, a company or organization cannot simply place one of these containers wherever it chooses.
Under Upland Municipal Code Chapter 17.35.1, each unattended collection container must be individually registered with the City. The property owner must expressly agree to its placement, and both the property owner and the operator can be held responsible for violations associated with the container.
The City's requirements include:
Containers generally must be located at least 1,000 feet from another unattended collection container.
No more than one container is normally permitted on a parcel.
Containers cannot be located within the public right-of-way or within 20 feet of the public right-of-way.
They cannot occupy required parking spaces, fire lanes, pedestrian paths, disabled-access routes, drive aisles or other areas necessary for safe access.
The container must be located on a developed property with an operating business, residence or other ongoing activity.
Containers must be secured and equipped with a safety chute designed to restrict public access into the container.
The operator must carry at least $1 million in liability insurance, with the City of Upland named as an additional insured.
The operator must provide identifying information, a 24-hour contact number and the container's collection schedule.
For-profit operators must clearly disclose that they are operating for profit and that donations are not tax deductible.
Containers must be serviced at least weekly.
Overflowing donations, trash, debris, graffiti and other nuisance conditions are prohibited within 20 feet of the container.
These requirements are intended to prevent exactly the problems residents frequently report: clothing and furniture piling up around containers, illegal dumping, deteriorating or graffiti-covered boxes and containers appearing on properties without proper authorization.
What Happens When a Container Is Not in Compliance?
The City's Code Enforcement Division has authority to enforce these requirements.
Under the Municipal Code, the container operator and the property owner share responsibility for violations. If a container violates City requirements, the Development Services Director or designee can issue a notice requiring the problem to be corrected.
Generally, the operator and property owner are provided up to 15 calendar days to correct or abate the violation. If they fail to do so, the container can be declared a public nuisance and become subject to the City's nuisance-abatement procedures, which can ultimately include removal.
This is an important distinction: Upland does not have to accept these containers simply because they are placed on private property. They must comply with City zoning, registration, location, maintenance and safety requirements.
The Challenge Going Forward
The regulations are already on the books. The bigger issue is making certain that containers currently operating throughout Upland are actually complying with them.
I believe this presents an opportunity for the City to take a more systematic look at the unattended collection containers currently operating in Upland. identifying which ones are properly registered, determining whether they comply with the City's location and maintenance requirements, and taking enforcement action where they do not.
Residents should not have to accept overflowing donation bins, illegal dumping or poorly maintained containers as a permanent fixture in neighborhood shopping centers.
If a container is operating legally and being responsibly maintained, it can provide a useful recycling and donation option. If it is unregistered, improperly located or creating blight, however, the City's existing Municipal Code provides tools to address it.
See a Problem? Report It.
Residents who see an overflowing, damaged, graffiti-covered or potentially unpermitted donation container can report the location to the Upland Police Department Code Enforcement Division at (909) 931-4260 by using UplandConnect, the city's app on your smartphone.
Providing the exact location and, when possible, a photograph helps staff identify and investigate the issue.
This is another example of why reporting problems directly to the City matters. The City cannot investigate a location it does not know about, and residents are often the City's best eyes and ears in identifying neighborhood problems that need attention.
Disclaimer: The Upland Update is an independent community resource and is not affiliated with the City of Upland. This is my personal initiative to keep residents and businesses informed about key issues, city developments, and community events that impact our daily lives. My goal is to ensure you have clear, transparent, and timely information to stay engaged and involved in shaping Upland’s future.
James Breitling
(909) 342-2523
info@theuplandupdate.com
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