For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING.
A commercial building lawfully occupied by a business or charitable organization pursuant to a valid certificate of occupancy.
DIRECTOR.
Means the city's Director of Planning and Development.
DONATION CONTAINER.
Any box, structure, container, trailer or other receptacle located in a public place as a collection point for any items donated to a charitable organization. The term does not include recycle bins or any donation container wholly situated within a building.
PUBLIC PLACE.
Has the meaning set forth in Texas Penal Code § 1.07, as amended.
RECYCLE.
Means a process by which recyclable materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products.
RECYCLE BIN.
A receptacle used for the collection of recyclable material to be recycled by any person.
RECYCLABLE MATERIAL.
Material that has been recovered or diverted from the solid waste stream for purposes of recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products which may otherwise be produced using raw or virgin materials. Examples include most types of paper and cardboard, plastics labeled by the manufacturer with recycling symbol 1 through 7, glass bottles and jars, and aluminum, steel and tin cans.
RESPONSIBLE PARTY.
Each owner of a donation container, and each owner or occupant of property upon which such donation container is located.
(Ord. 2017-09, 5-23-2017)
(A) 
It shall be unlawful for any person to place, maintain or allow a donation container within the city or within 5,000 feet outside of the city limits unless the city has issued a valid permit for such container.
(B) 
To obtain a permit the owner of the donation container must pay a non-refundable fee set forth in the city fee schedule, and file a complete application on the form approved by the Director setting forth:
(1) 
The name, street address, mailing address, electronic mail address, and telephone number of the owner of the donation container;
(2) 
The name, street address, mailing address, electronic mail address, and telephone number of the owner of the property upon which the donation container will be located;
(3) 
A sketch indicating the location where the donation container will be placed;
(4) 
The dimensions of the container;
(5) 
A copy of a determination letter pursuant to 26 U.S.C. 501(c)(3) confirming that the applicant has qualified as a nonprofit charitable organization; and
(6) 
A sworn statement from each responsible party consenting to the placement of the donation container on the property and acknowledging responsibility for compliance with this chapter.
(C) 
A permit issued under this section shall expire one year after the date of issuance. The permit may be renewed by filing a new application under this section at least 30 days prior to expiration of such permit.
(D) 
A permit holder shall notify the Director within 30 days after any material change in the information contained in the application for a permit under this section.
(E) 
A permit issued under this section is not transferable, and any attempted or purported transfer shall be an offense. A permit is valid only at the address stated in the permit.
(Ord. 2017-09, 5-23-2017)
(A) 
Donation containers shall not be located:
(1) 
Within any residential zoning district;
(2) 
Closer than 300 feet from another donation container, even if located on different tracts of land or lots;
(3) 
Within ten feet of the travelled portion of any street, road or highway;
(4) 
In a manner that blocks a driveway, or interferes with traffic flow or sight lines, or otherwise constitutes an obstruction to traffic entering, exiting or circulating within the property on which the donation container is located;
(5) 
Within any right-of-way or easement dedicated to or owned by any governmental entity;
(6) 
Where it poses a safety hazard to the public;
(7) 
Where it constitutes an obstruction to pedestrian traffic using any public sidewalk; or
(8) 
Where it constitutes an obstruction to the flow of surface water on the property such that surface water will be diverted to other property, or otherwise inhibits or prevents surface water from draining to an existing drainage facility.
(B) 
No more than one donation container may be located on a single platted lot or unplatted tract of land.
(Ord. 2017-09, 5-23-2017)
(A) 
Donation containers must be constructed of metal or fiberglass, or wood protected by a weather-resistant paint, stain or finish. Donation containers shall not exceed 120 cubic feet in size, and must be enclosed to protect the contents from the weather.
(B) 
There shall be affixed to the exterior of each donation container a sign that is conspicuous and readily visible to persons approaching the container to make a donation. The sign shall state "DONATIONS MUST FIT INSIDE CONTAINER" in block letters at least three inches high. The sign shall also in letters at least one-half inch high indicate the name, address and telephone number of the permit holder. All sign lettering must appear in contrasting colors against the background.
(Ord. 2017-09, 5-23-2017)
(A) 
Donation containers shall be maintained in good condition and appearance with no structural damage, holes, mold, rot, or visible rust. Containers shall be kept free of graffiti.
(B) 
The area around the donation container shall be kept free of any junk, debris or other materials and shall be emptied often enough so that the donations do not overflow. The collection or storage of donated materials outside the container is prohibited.
(C) 
Donation containers shall be secured against unauthorized entry at all times, except when they are being emptied or repaired.
(D) 
Any donation container or property that is not maintained in accordance with the requirements of this chapter is declared a nuisance.
(Ord. 2017-09, 5-23-2017)
Each responsible party subject to this chapter who has a donation container lawfully in place on the effective date hereof is granted a temporary license to keep, maintain and operate the container in such location until 90 days from the date this chapter is approved by City Council. Thereafter, such responsible party is required to fully comply with this chapter.
(Ord. 2017-09, 5-23-2017)
(A) 
Permit revocation.
Any permit issued hereunder may be revoked by the Director if the permit holder is in violation of any of the provisions of this chapter, or 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 chapter. Notice of the revocation shall be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service of such notice upon the permit holder or by certified United States mail to the permit holder's last known address. The revocation shall become effective the day following personal service, or if mailed three days from the date of mailing, and no additional permit under this chapter shall be issued to such person within one year thereafter.
(B) 
Abatement.
(1) 
If a responsible party does not comply with this chapter within seven days of a notice of violation, the Director may cause the performance of the work necessary to abate the violation and charge the expenses to the owner of the donation container or of the property upon which it is located.
(2) 
Notice may be given personally, or by certified United States mail to the address shown in the most recent application for a permit under this chapter, or to the address shown in the records of the Bell County Tax Appraisal District, or by posting same in a conspicuous location on the subject donation container.
(3) 
If a notice is mailed in accordance with this section, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.
(4) 
In a notice provided under this section, the Director may provide that if the responsible party commits another violation of the same kind or nature on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the responsible party's expense and assess the expense against the property. If a violation covered by a notice under this division occurs within the one-year period, and the Director has not been informed in writing by the owner of an ownership change, then the Director without notice may take any action permitted in this section.
(C) 
Impoundment.
The Director may cause the impoundment of any donation container subject to this chapter that does not have a current, valid permit. Any donation container impounded by the city shall be released to the owner upon securing a permit, and the payment of the fees set forth in the city fee schedule. Any impounded donation container not reclaimed within 30 days after impoundment may be destroyed without further notice from the city.
(D) 
Offense.
A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense, and upon conviction such person shall be fined an amount not to exceed $500. No culpable mental state shall be required to support a conviction for a violation of this section. Each day's violation thereof shall constitute a separate offense. The court may order abatement and removal of the nuisance on conviction.
(E) 
Authority of City Attorney.
The City Attorney may without further authorization of the City Council undertake the enforcement of this chapter by all legal means appropriate or necessary, including but not limited to: enforcement in municipal court; filing of appropriate civil actions in courts of appropriate jurisdiction; and defending the city from suit if suit is taken to appeal any action of the city.
(F) 
Other remedies.
The penalties provided for in this section are in addition to any other remedies that the city may have under city ordinances and state law. Nothing in this section shall limit the remedies available to the city in seeking to enforce the provisions of this chapter.
(Ord. 2017-09, 5-23-2017)
(A) 
A person aggrieved by a permit denial or revocation, or other administrative action under this chapter, shall have the right to appeal as provided in this section. Any decision to deny or revoke a permit, or to impose another administrative action, will be stayed pending resolution of such appeal.
(B) 
The appellant shall initiate such appeal by filing a written notice with the Director and the City Secretary, briefly describing the decision being appealed, and setting forth the address, fax, electronic mail, and phone numbers at which the appellant wishes to receive communications related to the appeal. Such notice must be filed within seven days of the date of the notice of the decision from which the appeal is sought.
(C) 
The City Manager shall provide for a hearing on the appeal not later than 15 days after the notice of appeal is filed. The appellant may appear in person or by counsel at the time and place named in the notice of setting, and may make a defense to the action. If the appellant fails or refuses to appear, the City Manager may proceed to hear and determine the appeal. When the City Manager has completed such hearing and made a decision, he or she shall cause one copy of the decision to be filed with the Director and one copy to be forwarded to the appellant by certified mail.
(Ord. 2017-09, 5-23-2017)
Donation container fees shall be as approved by the City Council as part of the current fiscal year’s operating budget. Violators of this chapter shall pay a fee designated in the then-current city fee schedule.
(Ord. 2017-09, 5-23-2017)