The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Administrator.
The director of the department designated by the city manager to enforce and administer this article, and includes director’s designees.
Donation box.
Any box, container, building, enclosed trailer, or other receptacle that is intended for use as a collection point for donated clothing or other donated household materials.
Person.
An individual, sole proprietorship, corporation, association, nonprofit corporation, partnership, joint venture, a limited liability company, estate, trust, public or private organization, or any other legal entity.
(Ordinance 43-2016 adopted 11/1/16)
(a) 
It shall be unlawful for any person to place or maintain, or allow to be placed or maintained, any donation box within the City of Wichita Falls, without having first secured a permit and decal in compliance with the provisions of this article.
(b) 
Any donation box located within the jurisdiction of the City of Wichita Falls that does not have a current, valid permit shall be subject to impoundment by the city. Any donation box impounded by the city shall be released to the owner upon payment of all applicable impoundment and storage fees.
(c) 
Donation boxes shall only be permitted to be placed on real property located within the following zoning use districts: Heavy Industrial District, Light Industrial District, General Commercial District; and Limited Commercial District, with a conditional use permit.
(d) 
Donation boxes shall not be permitted to be placed on real property on any residential use lot even if said lot is in an allowed zone.
(e) 
No donation box shall exceed 36 square feet in footprint size.
(f) 
Each donation box shall clearly indicate in writing on the side of each box that all donations must fit into and be placed within the donation box.
(g) 
Each donation box must be placed on an improved surface.
(h) 
The person receiving the permit for the placing or the maintaining of the donation box shall display current contact information, including:
1. 
Name, street address and phone number, (of the permittee) on the donation box;
2. 
All contact information must be readable with letters being at least four inches tall and clearly visible from the public right-of-way.
(Ordinance 43-2016 adopted 11/1/16)
(a) 
Applicants for permits under this article shall submit an application and site plan for review to the director of community development or designee. The application shall include the written authorization of the property owner allowing the donation box on the property.
(b) 
A separate application, site plan, and permit fee shall be required for each donation box regardless of ownership thereof. Permits issued under the provisions of this article shall be valid only at the address stated on the permit.
(c) 
An annual renewal permit fee for each donation box shall be required. All permits shall expire on December 31 of each calendar year regardless of the date of issuance; provided, however, that the fee for each permit shall be prorated for each month or portion of a month for which the permit is issued.
(Ordinance 43-2016 adopted 11/1/16)
No permit issued under the provisions of this article shall be transferrable and the authority a permit confers shall be conferred only upon the person receiving the permit.
(Ordinance 43-2016 adopted 11/1/16)
(a) 
A person receiving a permit and the property owner shall be held jointly and severally liable and responsible for the maintenance, upkeep, and servicing of the donation box and clean up and removal of any donations left on the property outside of the donation box.
(b) 
The visual and structural integrity of the donation box shall be maintained at all times.
(c) 
The placement of the donation box shall not impede traffic nor visually impair any motor vehicle operation within a parking lot, driveway, alley, or street.
(d) 
The donation box shall not be located in a required setback, building limit line, easement, 100-year floodplain, driveway, or fire lane.
(e) 
The donation box shall not block or occupy any number of required parking spaces for the primary use structure.
(f) 
The current permit decal for the specific donation box shall be affixed and displayed at all times on the outside of the donation box visible from the right-of-way.
(g) 
All donation materials shall fit into and be placed inside the donation box. The collection or storage of any materials outside the container is strictly prohibited.
(Ordinance 43-2016 adopted 11/1/16)
(a) 
Grounds.
Any permit issued hereunder may be revoked by the administrator if the person receiving the permit has been convicted of two violations of this chapter or any other provision of this Code of Ordinances concerning the donation box within a 12-month time period.
(b) 
Notice.
Notice of the revocation shall be given to the person who received the permit in writing, with the reasons for the revocation, served either by personal service or by certified United States mail to their last known address. The revocation shall become effective the day following personal service or if mailed, three days from the date of mailing.
(c) 
Appeal; hearing.
The person who received the permit shall have 10 days from the date of such revocation in which to file with the administrator notice of their appeal from the order revoking said permit. The appeal must be in writing. The administrator shall provide for a hearing on the appeal not later than 15 days after the notice of the appeal is filed.
(d) 
Stay.
Any appeal of revocation pursuant to this section shall stay the revocation until said revocation is finalized.
(e) 
Removal of box; impoundment.
Upon finalization of any revocation, the permit holder shall remove said donation box no later than ten days after said final decision. Upon expiration of this ten day grace period, the donation box shall acquire noncompliant status and be subject to immediate impoundment without further notice.
(f) 
One-year waiting period.
In the event the permit of any permit holder is revoked by the administrator, no second or additional permit shall be issued to such person within one year of the date such permit was revoked.
(Ordinance 43-2016 adopted 11/1/16)
Any person who violates this article shall, upon conviction of such violation, be deemed guilty of a Class C misdemeanor and subject to a fine as provided in Section 1-14.
(Ordinance 43-2016 adopted 11/1/16)
(a) 
Permit fee.
Permit fee shall be in an amount set by separate ordinance.
(b) 
Renewal permit fee.
Renewal permit fee shall be in an amount set by separate ordinance.
(c) 
Impoundment fees.
Impoundment fees shall be in an amount set by separate ordinance.
(Ordinance 43-2016, adopted 11/1/0016)