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)