Donation drop box.
Any unattended outdoor container, receptacles, or similar device used for soliciting and collecting donations such as clothing, toys, or other salvageable personal property.
Operator.
A person who manages the organization for which the donations are solicited or the person who applies for the donation drop box permit.
(Ordinance 849-18 adopted 6/25/18)
(a) 
Operators of donation drop boxes are prohibited from placing donation drop boxes on all public and private property in the city without first obtaining a permit from the building official. The permit must be renewed annually.
(b) 
To obtain a permit, the operator must pay a $50.00 fee and show:
(1) 
A sketch indicating the spot where the donation drop box will be placed;
(2) 
The dimensions of the donation drop box;
(3) 
The signage that will be on the donation drop box;
(4) 
Written consent from the property owner, property manager, or person who has a right to possession of the property, indicating that the donation drop box may be placed on their property;
(5) 
The operator must acknowledge that they will be held responsible for the maintenance and cleanliness of the area around the donation drop box; and
(6) 
That the donation drop box will comply with all requirements in this article.
(c) 
The operator may not transfer the permit to any other person or organization.
(d) 
The operator shall affix a copy of the permit to the donation drop box in a manner that ensures that it will not be damaged by rain.
(Ordinance 849-18 adopted 6/25/18)
(a) 
The building official may revoke the permit for failure of the operator to comply with all requirements in this article. The operator may appeal the permit revocation to the city manager or his designee within seven (7) days of the permit revocation notice.
(b) 
The donation drop box must be removed within seven (7) days of the permit revocation. If not removed within seven (7) days, the city shall have it removed and the operator shall be billed the removal and storage costs.
(Ordinance 849-18 adopted 6/25/18)
(a) 
Donation drop boxes may not be placed on any residentially zoned property, or inside the central business district.
(b) 
Donation drop boxes must:
(1) 
Be constructed of metal, fiber glass or wood;
(2) 
Have a sign or label indicating the name, address, and telephone number of the organization;
(3) 
Be secured at all times, except when they are being emptied;
(4) 
Have a lid or a top to protect the contents from the weather;
(5) 
Be no larger than 102 cubic feet.
(c) 
Donation drop boxes may not be placed so that they block driveways, interfere with traffic flow or visibility, are on minimum required parking spaces.
(d) 
Only one donation drop box may be placed on a platted lot.
(Ordinance 849-18 adopted 6/25/18)
(a) 
The area around the donation drop box shall be kept free of debris and shall be emptied often enough so that the donations do not overflow.
(b) 
Donation drop boxes shall not have structural damage, holes, or visible rust.
(c) 
The city shall give the donation drop box owner 72 hours written notice to clear the debris. If the debris is not cleared, the city shall clear the debris and bill the donation drop box owner for the clean-up costs.
(Ordinance 849-18 adopted 6/25/18)
(a) 
Operators of existing donation drop boxes shall be given oral notice that they have thirty (30) days to obtain a permit. If the operators do not apply for a permit, the operators have thirty (30) days to remove the donation drop boxes or the city will remove the donation drop boxes.
(b) 
If an operator cannot be reached, a letter will be mailed to the address on the donation drop box, if available, and posted on the donation drop box itself. The operator shall have thirty (30) days from the day the letter is mailed or posted on the box.
(c) 
If the city removes the donation drop box, the operator of the donation drop box shall be billed the removal and storage costs.
(Ordinance 849-18 adopted 6/25/18)
(a) 
Any person violating or failing to comply with any provisions or requirement of this article who continues to violate or fail to comply with same after notice is given and received as set forth herein shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur.
(b) 
Notwithstanding the foregoing, any violation of any provision of this article which constitutes an immediate danger or threat to the health, safety, or welfare of the public may be enjoined in a suit brought by the city for such purpose.
(c) 
In addition to any other remedies or penalties contained herein, the city may enforce the provisions of this article pursuant to the applicable provisions of chapter 65 [chapter 54] of the Texas Local Government Code, which chapter provides for the enforcement of municipal ordinances.
(Ordinance 849-18 adopted 6/25/18)