Item - 2019.GL5.3

The General Government and Licensing Committee recommends that:  

Chapter 545 (Licensing)

1.  City Council amend the City of Toronto Municipal Code Chapter 545 (Licensing) as follows:

a.  Amend the definition of "operator" to include charities, religious institutions, and community organizations;

b.  Add a provision requiring charities, religious institutions, and community organizations to provide proof of organization status acceptable to the Executive Director, Municipal Licensing and Standards; and

c.  Add a provision exempting charities, religious institutions, and community organizations from the requirement to display the words: "Not a Charity, Community Organization, or Religious Institution" on the clothing drop box.

Chapter 395 (Clothing Drop Boxes)

2.  City Council amend the City of Toronto Municipal Code Chapter 395 (Clothing Drop Boxes) as follows:

a.  Add a definition for City property to mean "Any property owned, leased, or under the control of the City not including a highway";

b.  Amend Section 395-2D(4)(a) to read as follows: "Except as permitted by this chapter, on private property or City property and not closer than one metre from a municipal sidewalk";

c.  Add a provision requiring an applicant to provide a signed declaration acknowledging that if the clothing drop box contravenes the City of Toronto Municipal Code Chapter 395 (Clothing Drop Boxes) or any other applicable By-law or legislation, the clothing drop box will be removed and its contents disposed of and waiving any claim against the City for such removal and disposal;

d.  Amend Section 395-4A and B to authorize the Executive Director, Municipal Licensing and Standards, or persons acting on the Executive Director's instructions, to enter land and remove clothing drop boxes and their contents and dispose of them both at the expense of the owner, either without notice if there is a permit, or no earlier than three days after posting a notice to this effect on the clothing drop box if there is no permit;

e.  Delete Section 395-4C which requires the City to store clothing drop boxes and their contents on removal;

f.  Add a provision requiring applicants to provide a signed statement from a third-party professional engineer stating that the engineer has reviewed the design of the box, considered the potential safety risks, and determined that the box appropriately mitigates potential injury;

g.  Add a provision requiring clothing drop boxes to be placed in an area with lighting at all times to allow for the safe operation of clothing drop boxes;

h.  Add a provision requiring clothing drop boxes to be labelled with the pick-up schedule;

i.  Allow a local Councillor to refuse a permit request for new clothing drop boxes on private and public property in their ward within 14 days of receiving the request and for permit requests to be denied upon a local Councillor's refusal;

j.  Provide applicants with refused permit requests by the local Councillor, as outlined in Recommendation 2.i., the option to appeal to the relevant Community Council within 21 days of the decision;

k.  Authorize the Executive Director, Municipal Licensing and Standards, to remove all illegal clothing drop boxes in the City of Toronto and administer a cost recovery fee; and

l.  Require new clothing drop boxes to have a minimal linear separation distance of 250 metres from other permitted clothing drop boxes.

Chapter 441 (Fees and Charges)

3.  City Council amend the City of Toronto Municipal Code Chapter 441 (Fees and Charges) as follows:

a.  Add a clothing drop box operator licence fee of $439.96 and a licence renewal fee of $185.78 to Appendix C - Schedule 12, Municipal Licensing and Standards, for clothing drop box operators that are charities, community organizations, or religious institutions; and

b.  Delete fee 419 ($15), Storage of Illegal Clothing Drop Box, from Appendix C - Schedule 12, Municipal Licensing and Standards.

Implementation

4.  City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards, to make such technical and stylistic amendments to the City of Toronto Municipal Code Chapter 545 (Licensing) and the City of Toronto Municipal Code Chapter 395 (Clothing Drop Boxes) as required to give effect to City Council’s decision.

5.  City Council direct that the amendments to the City of Toronto Municipal Code Chapter 545 (Licensing) and the City of Toronto Municipal Code Chapter 395 (Clothing Drop Boxes) come into force on October 1, 2019.

6.  City Council request the Executive Director, Municipal Licensing and Standards, in consultation with charities and stakeholders, to investigate standardized and colour-coded graphic advisory permit labels to better distinguish bins operated by charities, religious organizations, and not-for-profit organizations from other types of clothing drop boxes.

7.  City Council, notwithstanding the provisions of the By-laws, authorize the Executive Director, Municipal Licensing and Standards, to remove and immediately dispose of any unauthorized or unsafe clothing drop boxes on public property.

The General Government and Licensing Committee:

1.  Requested the Executive Director, Municipal Licensing and Standards, to report directly to City Council at its meeting on June 18 and 19, 2019 with options to minimize the impact on the public realm and quality of life through the appropriate placement of clothing drop boxes, including comments on the options of prohibiting bins placed adjacent to sidewalks.

This report recommends amendments to the By-laws regulating clothing drop boxes. There are three By-laws that govern clothing drop boxes: the City of Toronto Municipal Code Chapter 545, Licensing, the City of Toronto Municipal Code Chapter 629, Property Standards, and the City of Toronto Municipal Code Chapter 395, Clothing Drop Boxes. This report recommends changes to the business licensing scheme, additional By-law requirements to improve the safety and maintenance of clothing drop boxes, as well as enhanced enforcement tools.

In 2007, provisions were added to the Licensing and Property Standards By-laws to address the misleading use of clothing drop boxes by for-profit businesses, as well as clothing drop box maintenance. In 2013, City Council enacted a standalone By-law for clothing drop boxes, requiring all operators to obtain location permits for each drop box. Since then, City Council has directed staff to undertake a review of the clothing drop boxes By-laws and identify ways in which they could be strengthened, including reviewing the licensing and permitting processes, rules guiding the location of clothing drop boxes, the safety of boxes, and enforcement.

Staff consulted with members of the public and stakeholders, including licensed clothing drop box operators, organizations that hold clothing drop box permits, charities that benefit from clothing drop boxes, and a major manufacturer of clothing drop boxes. Some stakeholders consulted have taken action to address safety concerns with clothing drop boxes, including reviewing box designs and retrofitting existing boxes. This review was also informed by a jurisdictional scan and consultations with other municipalities.

This report was prepared in consultation with Legal Services. Staff also consulted with Toronto Public Health, Toronto Building, Transportation Services, the Toronto Parking Authority, Parks, Forestry and Recreation, Solid Waste Management Services, Toronto Fire Services, and Social Development, Finance and Administration.