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HomeMy WebLinkAboutO-2017-3667 Donation Collection Bins ORDINANCE NO. 2017-3667 AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,TEXAS BY ADDING NEW ARTICLE VII "DONATION COLLECTION BINS"; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, donation collection bins as defined herein often overflow with dumped clothing, furniture, appliances,rubbish and unsanitary items; and WHEREAS, such overflow causes unsightly and unsanitary items to accumulate around the donation collection bins,which provides a place of harborage for vermin and constitutes a possible and probable medium of transmission of disease, and creates a potential fire hazard; and WHEREAS, donation collection bins are often placed in walkways, drive aisles, parking areas, landscape buffers,rights-of-way and utility easements without regard for setbacks and regulations which would prohibit such intrusions; and WHEREAS,such placement at times may obstruct or interfere with the view of a driver of a motor vehicle or otherwise prevent a traveler on any street or driveway from obtaining a clear view of approaching vehicles; and WHEREAS,such obstruction causes unnecessary risk of injury,death and damages to persons and property while within the City; and WHEREAS,in order to protect the public health,safety and welfare,the City Council hereby finds and declares that donation collection bins should be permitted before placed on property in the City of La Porte. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 34, "Environment", of the Code of Ordinances, La Porte, Texas is hereby amended by adding new Article VII, "Donation Collection Bins", which shall hereafter read as follows: "Article VII. -Donation Collection Bins. Sec. 34-350. Definitions. 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: Charitable Organization means any entity determined by the Federal Internal Revenue Service to be a tax-exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code which is established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety. City means the City of La Porte, Texas Director means the City's Director of Planning and Development or his/her duly authorized representative. Donation Collection Bin means any metal,plastic or wooden box,bin,container,trailer,accessory structure, or similar facility located outside of an enclosed building or in a parking lot or public place,provided by a person,organization,or collection center for the primary purpose of receiving or storing donated items including household goods and clothing, or other salvageable personal property. The definition of donation collection bin shall not include trailers with or without personnel to accept donations. Operator means any charitable organization who owns, operates, manages or is otherwise in control of a donation collection bin located in the City and who is issued a donation collection bin permit. Recycling container means any box,building,trailer or other receptacle that is intended for use as a collection point for the collection of recyclable material that will be subject to recycling by any person. Sec.34-351. Donation collection bins prohibited without permit. (a) It shall be unlawful for any charitable organization to place or maintain, or allow to be placed or maintained,any donation collection bin within the City of La Porte,without having first secured from the City a permit and donation collection bin permit decal in compliance with the provisions of this Article. (b)Any donation collection bin located within the jurisdiction of the City of La Porte that does not have a current, valid permit and display a permit decal shall be subject to impoundment by the City. Any donation collection bin impounded by the City shall be released to the donation collection bin owner or operator at such time as the owner or operator secures a permit,and remits payment of an impound fee of$200.00, as well as a daily storage fee of$20.00 for each day the donation collection bin is in City possession after impoundment. It such cases it shall be the 2 responsibility of the owner or operator of the donation collection bin to arrange for the pick up and transportation of the impounded donation collection bin. Any donation collection bin left in impoundment more than ten (10) consecutive calendar days shall be considered by the City to be abandoned by the owner or operator of the donation collection bin. (c) Notwithstanding any other provision of the Article,no provisions of this Article shall apply to recycling containers. Sec. 34-352. Authorizing or allowing unpermitted donation collection bins on real property prohibited. It shall be unlawful for any person that owns, leases or is entitled to possession of real property within the City of La Porte, to authorize or allow any donation collection bin to be placed on or remain on such real property if the operator of the donation collection bin has not been issued a permit from the City or if the donation collection bin does not display a valid permit decal in compliance with the provisions of this Article. Sec.34-353.Application for Permit. (a)Applicants for permits under this Article shall file a written sworn application with the Planning and Development Department. The application shall include the written authorization from the property owner allowing the donation collection bin to be located on the property. The person receiving a permit to place or maintain a donation collection bin must be registered to operate in the State of Texas as a charitable organization. (b)An applicant is limited to a maximum of two(2)permits for use in the city limits. The number of donation collection bins allowed for each property by a permit holder shall not exceed one(1). (c) A separate permit and application shall be required for each container regardless of the ownership thereof. Permits issued under the provisions of this Article shall be valid only at the address stated in the permit. (d) The property owner provides written authorization allowing the donation collection bin to be located on the property, on a form to be provided by the City. The written consent shall acknowledge that the city shall hold both the property owner and the charitable organization liable for violation of this Article. (e) The annual permit fee for a donation container shall be $150.00. All permits shall expire on December 31st of each calendar year, regardless of the date of issuance. The permit fee shall not be prorated for permits, regardless of purchase date. (f) Any person denied a permit shall have the right to appeal such action. In such case, the procedure to appeal denial of issuance of a permit shall be the same for appeal of revocation of a permit, as established in Section 34-355 of this Article. 3 Sec.34-354. Donation Collection Bin standards and requirements. As a condition for the issuance of a permit and decal by the Planning and Development Department to allow a donation collection bin to be located on property in the City, the following standards and requirements for the use of a donation collection bin must be met: 1. The permit holder/operator shall be responsible to ensure that each donation collection bin is regularly emptied at least once every week and not permitted to overflow to the point where the contents are visible from the outside. The ground area immediately adjacent to the bin (within three feet of the bin on all sides) shall be kept free of donated clothing or other debris. 2. The visual and structural integrity of the donation collection bin must be maintained continuously. Donation collection bins shall not have structural damage,holes, or visible rust. 3. The placement of the donation collection bin shall not impede traffic nor visually impair any motor vehicle operation within a parking lot, driveway or street. 4. The donation collection bin shall not be located in a required building setback, buffer yard, access easement, drainage easement, floodplain, driveway, utility easement or fire lane. 5. A minimum of one (1) stacking or parking space per donation collection bin shall be required on-site. 6. Occupation of any parking spaces by the donation collection bin shall not reduce any required parking spaces for the principal use on a lot. 7. The permit holder placing or maintaining the donation collection bin shall display current contact information for the operator including street address and telephone number on the donation collection bin. This information must be legible and clearly visible to the public. 8. The current permit decal for the specific donation collection bin must be affixed and displayed at all times on the outside of the donation collection bin. 9. All signage shall comply with requirements established in Chapter 106, Article VII "Signs", of this Code. For the purposes of on-premises signs, signage visible on the donation collection bin shall be considered an attached sign. 10. All donation materials must fit into and be placed inside the donation collection bin. The collection or storage of any materials outside the donation collection bin is prohibited. 11. The donation collection bin shall be located at least 500 feet away from any residential dwelling. 12. The maximum number of donation collection bins allowed for each property shall not exceed two (2). 4 13. The size of each donation collection bin shall not exceed four(4) cubic yards. 14. Each donation collection bin must have an attached sign that is conspicuously located on at least 2 sides, indicating that all donations must fit into and be placed inside the container, and that stacking of material outside of the donation collection bin is prohibited. 15.No donation collection bin shall be permitted in a residentially zoned district or within 150 feet of a residential zoning district unless the property on which the bin is situated is owned or leased by a governmental entity or non-profit organization. 16. All donation collection bins must be removed from the City, or stored indoors, at least forty- eight(48)hours before landfall of a hurricane. 17.No donation collection bin shall be placed or located on a vacant lot. 18. The permit holder must maintain general liability insurance for each donation container, at a minimum level of$1,000,000.00,holding the city and property owner harmless. Sec.34-355. Revocation of permit. (a) Grounds. Any permit issued hereunder shall be revoked by the Director of the Planning and Development Department if the permit holder is in violation of any of the provisions of this Article 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 Article. (b)Notice.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 their last known address. The revocation shall become effective the day following personal service or if mailed, three (3) days from the date of mailing. (c) Appeal; hearing. The permit holder shall have ten (10) calendar days from the date of such revocation in which to file notice with the Director of Planning and Development of their appeal. Upon receipt of a timely filed appeal, the Director of Planning and Development shall cause the appeal to be set for hearing before the La Porte City Council on a date no later than thirty(30)days after the notice of appeal is received. After holding a hearing on such revocation,the La Porte City Council shall either sustain the action of the Director of Planning and Development Department or issue an order reinstating the permit. (d) In the event of the filing of an appeal from a revocation issued under the provisions of this Article,then until such appeal has been finalized, such revocation order shall be stayed. (e) In the event a permit is revoked by City Council after an appeal hearing, the charitable organization placing or maintaining the donation collection bin shall remove such donation collection bin from the property not later than ten(10)days after such final decision. Any donation 5 collection bin not removed after the ten(10) day deadline will be immediately impounded by the City, and will be subject to an impound fee of$200.00,as well as a daily storage fee of$20.00 for each day the donation collection bin is in City possession after impoundment. Any donation collection bin left in impoundment more than ten (10) consecutive calendar days shall be considered by the City to be abandoned by the owner or operator of the donation collection bin. (f) In cases where the owner or operator of donation collection bin does not appeal a permit revocation or files an appeal after the deadline, the donation collection bin shall be immediately impounded, and will be subject to an impound fee of$200.00, as well as a daily storage fee of $20.00 for each day the donation collection bin is in City possession after impoundment. Any donation collection bin left in impoundment more than ten(10)consecutive calendar days shall be considered by the City to be abandoned by the owner or operator of the donation collection bin. (g)In the event the permit of any person issued under the provisions of this Article shall be revoked by the Director of the Planning and Development Department, as provided herein, no second or additional permit shall be issued to such person within one year of the date such permit was revoked. Sec. 34-355. Transfer of permit prohibited. No permit issued under the provisions of this Article is transferable and the authority a permit confers shall be conferred only on the permit holder named therein. Sec. 34-356. Maintenance and Upkeep. The permit holder and the property owner shall be held jointly and severally liable and responsible for the maintenance,upkeep,and servicing of the donation collection bin and clean up and removal of any donations left on the property outside of the container. The City shall have the authority to abate nuisances and attach a lien on any property for abatement of any violations of this Article that is deemed a public nuisance under the procedures contained in Chapter 34, Article IV "Unsanitary, Unsightly Conditions on Private Premises", of the Code of Ordinances, City of La Porte, Texas. Sec.34-357. Existing donation drop boxes. (a) Operators of existing donation collection bin shall be given written notice that they have thirty (30) days to obtain a permit. If the operator does not apply for a permit, the operator and the property owner shall have thirty(30) days to remove the donation collection bin. (b) If an operator cannot be reached, a letter will be mailed to the address on the donation collection bin, if available, and posted on the donation collection bin 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 collection bin, the property owner or the operator shall be billed the removal and storage costs, in accordance with Section 34-351 of this Article. 6 Sec. 34-358. Penalties. Any person who violates any provisions of this article, upon conviction in the City's municipal court, shall be guilty of a misdemeanor and subject to a fine not to exceed $500. Each and every day such violation continues shall constitute a separate offense.Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this article. Secs.34-359---34-380. Reserved." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional,illegal,or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00). Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective on 3 ' /- O/ '7 . The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance. 7 PASSED AND APPROVED this the v13�"day of , 2017. CITY OF LA P• ' E, TEXAS By: A Louis '' . Rigby,or AT ST: City Secretary �V APPROVED: //J-r& (&14444-ti Assistant City Attorney 8 AUTHORIZATION BY PROPERY OWNER FOR CHARITABLE ORGANIZATION TO PLACE CITY PERMITTED DONATION COLLECTION BIN ON PREMISES I, , owner of or authorized agent for , which owns real property located at , in La Porte, Texas, (the "Property" herein) hereby give authorization to , a charitable organization, to place one (1) donation collection bin on the Property. The foregoing authorization is valid only so long as is in receipt of and holds a valid permit issued by the City of La Porte, Texas for the placement of a donation collection bin on the Property. , owner of the Property, acknowledges that it is subject to the filing of criminal charges based on the violation of regulations promulgated under Chapter 34, Article VII of the Code of Ordinances of the City of La Porte, Texas for the permitting, placement, and condition of donation collection bins, and further acknowledges that each charge carries a maximum fine of$500. Furthermore, acknowledges that the City of La Porte shall have the authority to abate nuisances associated with the display of a donation collection bin on the Property and that it may attach a lien on the Property for abatement of any violation that is deemed a public nuisance under the procedures contained in Chapter 34, Article IV "Unsanitary, Unsightly Conditions on Private Premises", of the Code of Ordinances, City of La Porte,Texas. By: Date