§ 116.03 MAINTENANCE.
   (A)   Donation boxes and drop-off collection areas shall be properly maintained and comply with the following regulations:
      (1)   The operator of each donation box shall keep the real property situated within 25 feet of the location of a donation box clean and free of trash, debris, broken glass, clothes hangers, clothes, clothing accessories or excess donations.
      (2)   The donation box operator and the real property owner, property owner’s designated agent, property manager, or property’s lawful occupant listed on the permit application shall be jointly and severally liable and responsible for the maintenance, upkeep and servicing of the donation box and the cleanup and removal of any donations left on the property outside of the donation box.
      (3)   Each donation box shall clearly indicate in writing on the front side of each box that all donations must fit into and be placed within the donation box. The size of lettering for the notice shall not be less than one-half inch in height.
      (4)   A donation box operator or the real property owner, property owner’s designated agent, property manager, or property’s lawful occupant listed on the permit application that fails to maintain the cleanliness of the surrounding real property may receive a notice of violation from the city. If the city elects to send a notice of violation to the email address on file for the operator, the operator shall have 48 hours to remedy the complaint. Failure to comply with a notice of violation may result in the issuance of a citation by the city. An operator who is issued more than one citation in a 12-month period for the same offense on the same donation box is subject to revocation of the approval for such donation box.
   (B)   It shall be unlawful for any person who owns, leases, is in control of or is entitled to possession of real property within the city to authorize or allow any donation box to be placed on or remain on such real property without a valid donation box permit in compliance with the provisions of this division (B).
   (C)   A violation of any of the provisions of divisions (A) or (B) above shall constitute a public nuisance, and the city shall have the authority to abate any such violation as such. This provision does not exclude or limit the use of any other remedy available to the city under this division (C), the code of ordinances, or the laws of the State of Texas.
(Ord. OR-2287-23, passed 1-23-23; Am. Ord. OR 2304-23, passed 6-5-23; Am. Ord. OR-2342-24, passed 1-22-24)