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HomeMy Public PortalAboutOrdinance No. 1497-24 04-22-2024 ORDINANCE NO. 1497-24 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, ADOPTING ARTICLE IX "REGULATION AND PERMITTING OF DONATION BINS" OF CHAPTER 58 "OFFENSES AND MISCELLANEOUS PROVISIONS" AND AMENDING APPENDIX A "FEE SCHEDULE" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY DEFINING DONATION BINS; ESTABLISHING PERMIT AND APPLICATION REQUIREMENTS; PROVIDING FOR LOCATION RESTRICTIONS; REMOVING A PERMIT FEE FOR ON PREMISES BINS; CREATING A REVOCATION AND APPEAL PROCESS; PROVIDING REQUIREMENTS FOR MAINTENANCE OF THE DONATION BINS; PROVIDING CERTAIN FEES; AMENDING ARTICLE VIII OF CHAPTER 58 BY RESERVING SECTIONS 58-175 THROUGH 58-199; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas (the "City"), is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City previously enacted an ordinance to regulate and permit the existence of donation bins within the City; and WHEREAS, the City believes it necessary to clarify the appeal and revocation process for the permits regulated in that ordinance; and WHEREAS, the City recognizes that some businesses wish to have on premises donation bins; and WHEREAS, the City finds that the fee schedule and authorization process need to be clarified; and WHEREAS, City Council finds that regulating the placement, proximity and use of donation bins is necessary for the health, safety, and welfare of the general public; the promotion of consistent land use development; and the protection of landowners and residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, THAT: SECTION 1. Article IX "Regulation and Permitting of Donation Bins" of Chapter 58 "Offenses and Miscellaneous Provisions" of the Code of Ordinances, City of Richland Hills, Texas, is hereby adopted in its entirety to read as follows: "ARTICLE IX REGULATION AND PERMITTING OF DONATION BINS § 58-200 Definitions. For purposes of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning. Donation bin. Any bin, container, building, trailer, or other receptacle larger than forty-eight (48) inches in depth, forty-eight (48) inches in width, and seventy-two (72) inches in height that is intended for use as a collection point for donated clothing or other 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. § 58-201 Applicability. The requirements of this article shall apply to all donation bins regardless of whether said bins were placed prior to the effective date of this article. No previously placed donation bins shall be granted any legally non-conforming rights under this article or any other article of this code. Only warning citations may be issued for the first thirty (30) days following the effective date of this article so that an educational effort by the city may be conducted to inform the public about the importance and requirements of this article. § 58-202 Permit and decal required. a) It shall be unlawful for any person to place or maintain, or allow to be placed or maintained, any donation bin within the city limits without having first secured and affixed to the donation bin a permit and decal in compliance with the provisions of this article. Obtaining a permit shall be a condition precedent to placing or maintaining the donation bin. b) It shall be unlawful for any person that owns, leases, is in control of, or is entitled to possession of real property within the jurisdiction of the city to authorize or allow any donation bin to be placed on or remain on such real property without a valid permit decal in compliance with the provisions of this article. Ordinance No. 1497-24, Page 2 of 7 § 58-203 Permit requirements. A permit and decal to allow a donation bin to be placed and used on designated real property shall be issued by the city after inspection and verification that all the following conditions are satisfied: (1) The real property owner provides written authorization, with the signature notarized, allowing the donation bin on the property. (2) The permit holder agrees to be responsible for collecting the contents of the donation bin in order to prevent overflow and littering. (3) No more than one (1) donation 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 city manager shall treat the shopping center or office development as if it is only one contiguous lot. (4) The base area of a donation bin shall not exceed twenty-five (25) square feet in size. (5) Each donation bin shall clearly indicate in writing on the side of each bin that all donations must fit into and be placed within the donation bin. (6) The permit holder placing or maintaining the donation bin shall display current contact information including street address and phone number on the donation bin. Said information must be readable and clearly visible to the public. (7) Each donation bin shall be constructed from a sturdy, weather resistant material. (8) Each donation bin shall be painted one solid color. No fluorescent colors shall be used for the donation bin or associated signage. § 58-204 Application or permits. 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 donation bin on the property. b) A separate permit and application shall be required for each donation bin regardless of ownership. Permits issued under the provisions of this article shall be valid only at the address stated on the permit. c) An annual permit fee for each donation bin shall be required, at a cost as provided in Appendix A. All permits shall expire on December 31 of each calendar year Ordinance No. 1497-24, Page 3 of 7 regardless of the date of issuance; provided, however, that the fee for each permit shall be prorated for each month for which the permit is issued. d) No fee will be required when the donation bin is placed on the premises of the same entity it is collecting for. e) Any person denied a permit shall have the right to appeal such action. § 58-205 Transfer of permit prohibited. No permit issued under the provisions of this article shall be transferrable and the authority a permit confers shall be conferred only on the permit holder named therein. § 58-206 Location restricted. a) Donation bins shall only be permitted to be placed on real property in any zoning district on which a parking lot is maintained by a business that is in operation. Only one (1) donation bin will be allowed on a shared parking lot. The donation bin shall not be located in a required building setback, buffer yard, access easement, drainage easement, floodplain, driveway, utility easement, or fire lane. b) The placement of the donation bin shall not impede traffic nor visually impair any motor vehicle operating within a parking lot, driveway, or street. c) At least one stacking or parking space shall be required for use of persons accessing the donation bin. d) The donation bin may not block or occupy any number of parking spaces required by the primary use structure. e) No donation bin shall be permitted to be placed or remain placed within two hundred (200) feet from a residential zoning district, or residential use. The distance shall be measured from the donation bin to the lot line of the residential use or residentially zoned property. § 58-207 Impoundment of donation bins. Any donation bin located within the city that does not have a current, valid permit or any permitted donation bin that has received more than two (2) notices of violation from the city in the past twelve (12) months shall be subject to impoundment by the city, at a cost as provided in Appendix A. Any donation bin impounded by the city will be released to the owner upon payment of all actual costs incurred by the city for the impoundment and storage fees of $20.00 per calendar day of storage. If a donation bin is impounded for longer than fifteen (15) calendar days, it shall be considered abandoned property subject to disposal or sale at the city's sole discretion. Ordinance No. 1497-24, Page 4 of 7 § 58-208 Maintenance and upkeep. a) 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 bin and clean up and removal of any donations left on the property outside of the donation bin. Any maintenance, service or cleanup associated with a donation bin shall be completed within forty-eight (48) hours of notification by the city. b) The city shall have the authority to abate any property in violation of this article that is deemed a public nuisance under any other provisions of this code. c) The visual and structural integrity of the donation bin must be maintained continuously. d) The donation bin shall only be used for the solicitation and collection of clothing and household materials. All donation materials must fit into and be placed inside the donation bin. The collection or storage of any materials outside the container is strictly prohibited. e) The donation bin shall be continuously maintained in compliance with all requirements imposed by Section 58-203 as amended. § 58-209 Revocation of permit. The city manager shall revoke a donation bin permit if the manager determines that the permit holder has: (1) Given false or inaccurate information on the application for a donation bin permit or in a hearing concerning the donation bin permit; or (2) Violated the provisions of this article. § 58-210 Appeal from denial or revocation of permit. If the city manager denies or revokes a donation bin permit, the city shall give notice by personal service or by certified mail, return receipt requested, to the applicant or permit holder. The applicant or permit holder may appeal the decision to deny or revoke by filing written notice with the city manager, within five (5) days after receipt of notice. The city manager shall mail, or cause to be personally delivered, written notice of the time and place of the hearing to the person appealing. The notice shall be mailed to the address specified in the notice of appeal form. The city manager shall conduct a hearing and shall decide on the basis of a preponderance of the evidence presented at the hearing. The decision of the city manager shall be final. Ordinance No. 1497-24, Page 5 of 7 SECTION 2. Appendix A "Fee Schedule" of the Code of Ordinances, City of Richland Hills, Texas, is hereby amended by adding a new table "Chapter 58 Donation Bin Fees"to read as follows: CHAPTER 58. DONATION BIN FEES Code Section Description Amount § 58-204 Annual permit fee $200 § 58-204 Impoundment fee $200 § 58-207 Daily storage fee $20 SECTION 3. Article VIII "Street Racing and Reckless Driving Exhibitions" of Chapter 58 "Offenses and Miscellaneous Provisions" of the Code of Ordinances, City of Richland Hills, Texas, is hereby amended by reserving Sections 58-175 through 58-199 as follows: "§ 58-175 through § 58-199, — (Reserved)" SECTION 4. ORDINANCE CUMULATIVE This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills. Texas, as amended, except where the provisions of the is Ordinance are in direct conflict with the provisions of such Ordinances and such Code are hereby repealed. SECTION 5. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS All rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the City's parking regulations which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. SECTION 6. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the Ordinance No. 1497-24, Page 6 of 7 City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. PENALTY CLAUSE Any person, firm or corporation who violates, disobeys, omits, neglects, refuses or fails to comply with, or who resists the enforcement of any provision of this Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offence. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. PUBLICATION CLAUSE The City Secretary of the City of Richland Hills is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper as/if required by law. SECTION 9. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council on April 22, 2024, by a vote of 7 ayes, D nays, and _2 abstentions. APPROVED: X-' - .- /7-'''''' THE RONORABLE MAYOR EDWA , OPEZ ,),N,pND 8/ io ATTEST: �\`��G, r ( / \ -:-..... c.,-.— ,,-, ,/- NDSAY RA N, CITY SECRETARY .- • ....1'••'' goioloilimoo Ordinance No. 1497-24, Page 7 of 7