Item - 2012.LS17.3
Tracking Status
- City Council adopted this item on November 27, 2012 with amendments.
- This item was considered by Licensing and Standards Committee on November 16, 2012 and was adopted with amendments. It will be considered by City Council on November 27, 2012.
LS17.3 - Regulating the Use of Clothing Drop Boxes
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on November 27, 28 and 29, 2012, adopted the following:
1. City Council adopt the proposed draft by-law in Appendix "A" to the report (November 2, 2012) from the Executive Director, Municipal Licensing and Standards, respecting Clothing Drop Boxes, with the following amendments:
a. to refuse a permit to any clothing drop box that has received more than three violation orders from the City;
b. to include provisions for notifying the Ward Councillor of any applications for location permits; and
c. by replacing “14 days” in Section XXX4-B(2) of Schedule 1 with “7 days”, so that it reads:
“(2) An owner who receives notice under Section XXX-4B(1) shall be required to comply with the notice and this chapter, at no cost to the City, within 7 days of the date indicated on the notice.”
d. to ensure clothing drop boxes have identification of charitable, religious institution or community organization status, including a Charity Registration Number, or other proof of the status, under subsection XXX-2.
2. City Council amend the following by-laws, as outlined in Appendix "A" to the report (November 2, 2012) from the Executive Director, Municipal Licensing and Standards:
a. Article XLII, Clothing Drop Boxes, of Toronto Municipal Code Chapter 545 Licensing to remove the licensing endorsement requirements;
b. Appendix C, Schedule 12, of Toronto Municipal Code Chapter 441 Fees to include a permit fee per box; and
c Section 629-10F, of Toronto Municipal Code Chapter 629 Property Standards to establish more stringent responsibilities for the property owner.
3. City Council direct the Executive Director, Municipal Licensing and Standards to ensure that where the applicant is a charity, religious institution or community organization, the permit application process include a signed declaration stating that the applicant is a charity, religious institution, or community organization and such declaration shall include a Charity Registration Number, or other proof of the status that is acceptable to the Executive Director, Municipal Licensing and Standards, and that the by-law include the relevant provisions for doing so.
4. City Council direct the Executive Director, Municipal Licensing and Standards to consult with City Divisions, Agencies, Boards and Commissions on the placement and operation of clothing drop boxes on public property and bring forward a report to a future Licensing and Standards Committee meeting.
5. City Council direct the Executive Director, Municipal Licensing and Standards to address the following in her upcoming report to the Licensing and Standards Committee:
i. in cases where the Ward Councillor opposes an application for a clothing drop box location permit, the potential creation of a process to allow Community Council to review the decision;
ii. the possibility of creating a distancing requirement between properties with two permitted clothing drop boxes be established, to ensure that minimum distance requirements are imposed;
ii. in situations where Operators or owners are in contravention of the by-law or operators or owners who have not paid their fees and or fines in any location be required to pay these in full before obtaining a new permit for any other permit location; and
iv. on the potential of the implementation of a rapid removal system for non-permitted operators.
6. City Council direct the City Solicitor to prepare the necessary bill to make such by-law amendments as may be required to give effect to Council's decision.
Public Notice Given
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2012/ls/bgrd/backgroundfile-51977.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-52458.pdf
Communications (Committee)
(November 16, 2012) Submission from Howard Moscoe (LS.New.LS17.3.2)
Communications (City Council)
Motions (City Council)
That City Council direct the Executive Director, Municipal Licensing and Standards to address the following in her upcoming report to the Licensing and Standards Committee:
1. In cases where the Ward Councillor opposes an application for a clothing drop box location permit, the potential creation of a process to allow Community Council to review the decision.
2. The possibility of creating a distancing requirement between properties with two permitted clothing drop boxes be established, to ensure that minimum distance requirements are imposed.
3. In situations where Operators or owners are in contravention of the by-law or operators or owners who have not paid their fees and or fines in any location be required to pay these in full before obtaining a new permit for any other permit location.
4. On the potential of the implementation of a rapid removal system for non-permitted operators.
Vote (Amend Item (Additional)) Nov-29-2012 2:23 PM
| Result: Carried | Majority Required - LS17.3 - Mihevc - motion 1 |
|---|---|
| Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 9 | Members that were absent are Shelley Carroll, Mark Grimes, Gloria Lindsay Luby, Giorgio Mammoliti, Ron Moeser, John Parker, James Pasternak, David Shiner, Karen Stintz |
That:
1. City Council direct the Executive Director, Municipal Licensing and Standards to ensure that where the applicant is a charity, religious institution or community organization, the permit application process include a signed declaration stating that the applicant is a charity, religious institution, or community organization and such declaration shall include a Charity Registration Number, or other proof of the status that is acceptable to the Executive Director, Municipal Licensing and Standards, and that the by-law include the relevant provisions for doing so.
2. City Council amend the by-law to ensure clothing drop boxes have identification of charitable, religious institution or community organization status, including a Charity Registration Number, or other proof of the status, under subsection XXX-2.
Vote (Amend Item) Nov-29-2012 2:24 PM
| Result: Carried | Majority Required - LS17.3 - Fletcher - motion 2 |
|---|---|
| Total members that voted Yes: 37 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 8 | Members that were absent are Shelley Carroll, Gloria Lindsay Luby, Giorgio Mammoliti, Ron Moeser, John Parker, James Pasternak, David Shiner, Karen Stintz |
Vote (Adopt Item as Amended) Nov-29-2012 2:25 PM
| Result: Carried | Majority Required - LS17.3 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 37 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 8 | Members that were absent are Shelley Carroll, Gloria Lindsay Luby, Giorgio Mammoliti, Ron Moeser, John Parker, James Pasternak, David Shiner, Karen Stintz |
LS17.3 - Regulating the Use of Clothing Drop Boxes
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Public Notice Given
Committee Recommendations
The Licensing and Standards Committee recommends that:
1. City Council adopt the proposed draft by-law in Appendix "A" to the report (November 2, 2012) from the Executive Director, Municipal Licensing and Standards, respecting Clothing Drop Boxes, with the following amendments:
a. to refuse a permit to any clothing drop box that has received more than three violation orders from the City;
b. to include provisions for notifying the Ward Councillor of any applications for location permits; and
c. by replacing “14 days” in Section XXX4-B(2) of Schedule 1 with “7 days”, so that it reads:
“(2) An owner who receives notice under Section XXX-4B(1) shall be required to comply with the notice and this chapter, at no cost to the City, within 7 days of the date indicated on the notice.”
2. City Council amend the following by-laws, as outlined in Appendix "A" to the report (November 2, 2012) from the Executive Director, Municipal Licensing and Standards:
a. Article XLII, Clothing Drop Boxes, of Toronto Municipal Code Chapter 545 Licensing to remove the licensing endorsement requirements;
b. Appendix C, Schedule 12, of Toronto Municipal Code Chapter 441 Fees to include a permit fee per box; and
c Section 629-10F, of Toronto Municipal Code Chapter 629 Property Standards to establish more stringent responsibilities for the property owner.
3. City Council, direct the Executive Director of Municipal Licensing and Standards to consult with City Divisions, Agencies, Boards and Commissions on the placement and operation of clothing drop boxes on public property and bring forward a report to a future Licensing and Standards Committee.
4. City Council direct the City Solicitor to prepare the necessary bill to make such by-law amendments as may be required to give effect to the recommendations in the report (November 2, 2012) from the Executive Director, Municipal Licensing and Standards.
Decision Advice and Other Information
The Licensing and Standards Committee:
1. Requested the Executive Director, Municipal Licensing and Standards, to submit a supplementary report to City Council on November 27, 2012, on the following proposed recommendations:
a. that boxes placed on public property without the written permission of the City may be removed immediately and without notice;
b. that fines be the responsibility of the operator and the charity which the box is operated on behalf of; and
c. that the box permit number to be displayed prominently on the box and notice to contact 311 regarding concerns with the operation of the box.
2. Referred the following motion by Councillor Perruzza to the Executive Director, Municipal Licensing and Standards, for inclusion in her report to a future meeting of the Licensing and Standards Committee:
“That:
a. City Council advise all City departments, boards, agencies and commissions, including police services and the Toronto Community Housing Corporation that clothing drop boxes are not permitted on city property.
b. City Council request all departments, agencies boards and commissions to withdraw any authorization previously given.
c. City Council direct that any further requests for such authorization, where it involves city property, be considered by the Licensing and Standards Committee and by the Governing Body where the property is owned by a board, agency or commission.”
Origin
Summary
The purpose of this report is to recommend a new Clothing Drop Box By-law to govern the placement and operation of clothing drop boxes within the City. The By-law requires that all operators of clothing drop boxes, whether for profit or for charitable purposes, obtain a permit for each box, and such permit be issued pursuant to conditions specified in the permitting process, including authorization letters from property owners, and maintenance standards.
Transportation Services, Solid Waste Management, Real Estate Services, and Legal Services were consulted in the preparation of this report, as well as industry stakeholders.
Background Information
https://www.toronto.ca/legdocs/mmis/2012/ls/bgrd/backgroundfile-51977.pdf
Communications
(November 16, 2012) Submission from Howard Moscoe (LS.New.LS17.3.2)
Speakers
Tony Genco, on behalf of DYN Exports Inc.
Vic Gupta, Canadian Diabetes Association
A. Artemakis, Oasis Clothing Bank
Councillor Paula Fletcher
Councillor David Shiner
Motions
That the proposed by-law be amended to refuse a permit to any clothing drop box that has received more than three relocation orders from the City.
That the proposed by-law be amended to require each clothing drop box to display an annual permit renewal sticker issued by the City.
That the proposed by-law be amended as follows:
a. To provide the owner or management company of the property where the box is to be located with a copy of this by-law.
b. To provide a statement in writing from the property owner or management company that they have been presented with a copy of this by-law.
That:
a. City Council advise all City departments, boards, agencies and commissions, including police services and the Toronto Community Housing Corporation that clothing drop boxes are not permitted on city property.
b. City Council request all departments, agencies boards and commissions to withdraw any authorization previously given.
c. City Council direct that any further requests for such authorization, where it involves city property, be considered by the Licensing and Standards Committee and by the Governing Body where the property is owned by a board, agency or commission.
That the proposed by-law in Appendix A, respecting Clothing Drop Boxes, be amended to refuse a permit to any clothing drop box that has received more than three violation orders from the City.
That the Executive Director, Municipal Licensing and Standards, be requested to submit a supplementary report to City Council on November 27, 2012, on the following proposed recommendations:
a. that boxes placed on public property without the written permission of the City may be removed immediately and without notice;
b. that fines be the responsibility of the operator and the charity which the box is operated on behalf of; and
c. that the box permit number to be displayed prominently on the box and notice to contact 311 regarding concerns with the operation of the box.
City Council amend the draft by-law to include provisions for notifying the Ward Councillor of any applications for location permits.
That Parts 6, 7 and 8 of Motion 1 by Councillor Perruzza be referred to the Executive Director, Municipal Licensing and Standards, for inclusion in her report to a future meeting of the Licensing and Standards Committee.