The purpose of this article is to protect the public health, safety and welfare of city residents by requiring the registration and permitting of collection bins within the city. This article further serves to protect the aesthetic well-being of the community and promote the clean and orderly appearance of developed property. The provisions included herein are intended to provide efficient legal remedies for unpermitted or poorly maintained collection bins that threaten the health and welfare and the orderly development of the city. These provisions are cumulative of all city ordinances.
(Ordinance 640-18 adopted 6/26/18)
The requirements of this article shall apply to all collection bins regardless of whether the bins were placed prior to the effective date of these regulations. No previously-placed collection bin shall be granted any nonconforming status or rights under this article or the city’s comprehensive zoning ordinance. Collection bins shall not be deemed an accessory use or structure in any zoning district.
(Ordinance 640-18 adopted 6/26/18)
When used in this article, the phrase “collection bin” shall mean any box, container, trailer or other receptacle that is intended for use as a collection point for donated clothing or other household items or materials. The word “person” includes 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 640-18 adopted 6/26/18)
(a) 
It shall be unlawful for any person to place or maintain, or allow to be placed or maintained, any collection bin within the city without having first secured a permit in compliance with the provisions of this article.
(b) 
Collection bins shall not be placed or permitted to be placed on real property located in any agricultural, single-family or two-family residential, or mobile home park zoning district.
(c) 
The collection bin shall only be used for the collection and short-term storage of clothing and household items and materials. All materials must fit into and be placed entirely inside the bin. The collection or storage of any materials outside the bin is strictly prohibited. The collection bin and the area surrounding the bin shall be continuously maintained such that there shall be no accumulation of clothing or other materials outside the bin. The visual and structural integrity of the collection bin must be maintained continuously.
(d) 
No collection bin shall be permitted to be placed or remain placed within 50 feet of any entrance or exit to any building on the property or within 200 feet of a zoning district in which a collection bin is otherwise prohibited by this article.
(e) 
The placement of the collection bin shall not impede traffic nor visually impair any motor vehicle operation within a fire lane, parking lot, driveway or street. A bin shall be placed such that there will be no interference with vehicular or pedestrian traffic or circulation.
(f) 
The collection bin shall not be located in a required building setback, landscape buffer area, access easement, drainage easement, floodplain, driveway, or utility easement.
(g) 
At least one (1) stacking or parking space shall be required for use of persons accessing the collection bin. The collection bin may not block or occupy any number of parking spaces required by the primary use structure.
(h) 
No collection bin may be placed in any location that may constitute a fire safety hazard, as determined by the city fire marshal. No collection bin may be placed on any property on which gasoline, fuel, or other flammable liquids or gases are sold or stored.
(i) 
The permit holder and the property owner shall both be jointly responsible for the maintenance, upkeep, and servicing of the collection bin and the clean-up and removal of any materials left on the property outside of the collection bin.
(j) 
The city shall have the authority to abate any property in violation of this article that is deemed a public nuisance by removal and impoundment of the collection bin, or under the procedures contained in article 6.04 of this code, as amended.
(Ordinance 640-18 adopted 6/26/18)
(a) 
A permit to allow a collection bin to be placed and used on designated real property shall be issued by the city after inspection and verification that the following conditions are satisfied:
(1) 
The person receiving a permit to place or maintain a collection bin is registered to operate in the state as a nonprofit corporation or has proof of a written agreement to solicit on behalf of such a nonprofit corporation.
(2) 
The real property owner provides written authorization allowing the collection bin on the property.
(3) 
The permit holder agrees to be responsible for collecting the contents of the collection bin in order to prevent overflow and littering.
(4) 
No more than one (1) collection bin may be permitted for placement on any one lot. In the case of a shopping center or office development that consists of multiple platted lots, the shopping center or office development shall be regarded as if it is only one contiguous lot.
(5) 
No collection bin shall exceed 50 square feet in size.
(6) 
Each collection bin shall clearly indicate in writing on the side of each box that all donations must fit into and be placed within the collection bin.
(7) 
The permit holder placing or maintaining the collection bin shall display current contact information including street address and phone number on the collection bin. Said information must be readable and clearly visible to the public.
(8) 
Each collection bin shall be screened from the nearest public street or right-of-way for which it is adjacent. If a collection bin is located on a corner of a lot, the bin shall be screened on a minimum of two sides whereby the screening blocks view from the adjacent streets. Minimum screening shall consist of a six-foot (6') wood fence. Comparable materials may be substituted for screening upon prior approval of the city. All screening shall be constructed to prevent the storage or placement of donations outside the collection bin, with the screening fence itself being no more than two feet (2') from the screened collection bin. Screening shall be maintained in vertical and good condition, with no rotted or missing slats or boards.
(9) 
Each collection bin shall be painted one solid color. No high-intensity or fluorescent colors shall be used for the collection bin or associated signage.
(10) 
Collection bins and the owner(s) thereof shall comply at all times with the requirements of subchapter K of chapter 17, Texas Business and Commerce Code, as amended.
(b) 
Any collection bin located within the city that does not have a current, valid permit (or any permitted collection bin that has received more than two (2) notices of violation from the city in the preceding 12-month period) shall be subject to impoundment by the city. Any collection bin impounded by the city shall only be released to the owner upon payment of all applicable impoundment and storage fees.
(Ordinance 640-18 adopted 6/26/18)
(a) 
Applicants for permits under this article shall file a written, sworn application with the city. The application shall include the written authorization of the property owner allowing the collection bin on the property. No permit issued under the provisions of this article shall be transferable and the permission a permit confers shall be conferred only on the permit holder named therein.
(b) 
A separate permit and application shall be required for each collection bin regardless of the ownership thereof. Permits issued under the provisions of this article shall be valid only at the address or location stated on the permit.
(c) 
An annual permit fee for each collection bin shall be required in the amount set forth in the city’s master fee schedule. All permits shall expire on December 31st 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 640-18 adopted 6/26/18)
(a) 
Any permit issued under this article may be denied, suspended or revoked by the city if the permit holder or property owner has received two (2) notices of violation for violations of this chapter or any other provision of the code of ordinances within the preceding 12-month period, has knowingly made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this article. The collection bin shall be immediately removed upon permit denial, suspension or revocation.
(b) 
Notice of the denial, suspension or revocation shall be given to the permit holder or property owner in writing, with the reasons specified in the notice, served either by personal delivery or by first class United States mail to their last known address, and shall become effective on the date set forth in the notice, the day of personal delivery, or three days following deposit in the mail, whichever is later.
(c) 
A permittee may appeal the denial, suspension or revocation of a permit by submitting a written notice of appeal within ten (10) days after notification of denial, suspension or revocation. An appeal shall be to the mayor, whose decision shall be final and binding.
(d) 
In the event of a permit revocation, no second or additional permit shall be issued to such person for the same location within one year of the date such permit was revoked.
(Ordinance 640-18 adopted 6/26/18)
(a) 
A person who violates any provision of this article by performing an act prohibited or by failing to perform an act required is guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars and no cents ($500.00). Each day the violation continues shall be a separate offense.
(b) 
A culpable mental state is not required for the commission of an offense under this article, and none shall be pleaded or proven in the prosecution of a violation of this article.
(c) 
Nothing in this article shall limit the remedies available to the city in seeking to enforce the provisions of this article or other law, and all remedies shall be cumulative and not exclusive.
(Ordinance 640-18 adopted 6/26/18)