2026-009 - Amend Chapter 5, Business Regulations Article 5.05 Solicitors, Vendors and Handbill Distributors, by adding Division 3, Donation BoxesORDINANCE NO. 2026-009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 5, "BUSINESS REGULATIONS," ARTICLE 5.05,
"SOLICITORS, VENDORS AND HANDBILL DISTRIBUTORS," BY ADDING
DIVISION 3, "DONATION BOXES;" PROVIDING A REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the laws of the State of Texas and Section 11 of the Charter of the City of
Paris, Texas grant to the City the exclusive dominion, control and jurisdiction in, upon, and
over and under the public streets, avenues, alleys, highways and other public property of the
City; and
WHEREAS, donation boxes have proliferated throughout the city and have been
placed in various locations, including city rights-of-way and on vacant lots and on other
private property, often without consent of the landowners; and
WHEREAS, the failure to properly empty and clean donations boxes has resulted in
an unsightly and littered appearance around many such boxes; and
WHEREAS, donation boxes attract dumping and the disposal of household furniture,
appliances, trash, and other items not suitable for reuse, which can pose an immediate
adverse effect upon the public health and safety; and
WHEREAS, the City Council desires to enact regulations addressing the placement,
maintenance, operation, and use of donation boxes in the City of Paris to prevent nuisance,
blight, and unsanitary and dangerous conditions resulting from the use of donation boxes;
and
WHEREAS, the City Council finds it necessary to adopt the ordinance for the health,
safety and welfare of the general public and for the protection of landowners and residents
of the city;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved and are incorporated herein for all purposes.
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Section 2. That the City Council hereby amends Chapter 5, "Business Regulations,"
Article 5.05, "Solicitors, Vendors and Handbill Distributors," of the Code of Ordinances, City
of Paris, Texas, by adding Division 4, "Donation Boxes," to read as follows:
"Division 4 Donation Boxes
§ 5.05.100 General Provisions
(a) Purpose. The purpose of this Division is to protect the public health, safety, and
welfare of the residents of Paris by requiring registration and permitting of donation
boxes on private property within the corporate limits of the City of Paris. This
Division further serves to protect the aesthetic well-being of the community and to
promote the tidy and ordered appearance of developed property. The provisions
included herein are intended to provide efficient legal remedies for unpermitted or
poorly maintained donation boxes that threaten the orderly development of the city.
(b) Applicability. The requirements of this Division shall apply to all donation boxes
regardless of whether said boxes were placed prior to the effective date of these
regulations. No previously placed donation boxes shall be granted any legally non-
conforming rights under this Division or any other ordinance or provisions of this
Code of Ordinances as my from time to time be amended.
§ 5.05.101 Definitions
For the purposes of this Division, the following terms have the following meanings:
"Administrator" means the director of the department designated by the City Manager to
enforce and administer this Division, including the directors designees.
"City Appeal Officer" means the City Manager or the City Manager's designee for the
purposes of hearing appeals from denials or revocation of permits.
"Donation Box" means any drop-off box, container, trailer, or other receptacle that is
intended for use as a collection point for accepting donated textiles, clothing, shoes, books,
toys, dishes, household items, or other salvageable items of personal property.
"Fluorescent" means a color that appears very bright, vivid, or glowing to the human eye.
"Front Side" means the side of a donation box that contains the opening that allows the
depositing of donated items.
"GPS" means global positioning system.
"Person" includes an individual, sole proprietorship, corporation, association, nonprofit
corporation, partnership, joint venture, limited liability company, estate, trust, public or
private organization, or any other legal entity.
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§ 5.05.102 Registration
(a) Donation Box—General Provisions
(1) It shall be unlawful for any person to place or maintain, or allow to be placed or
maintained, a donation box at any location within the City of Paris without first having
been issued a valid permit in according to this Division.
(2) Any donation box located within the jurisdiction of the City of Paris that does not have
a current, valid permit shall be subject to impoundment by the city. Any donation box
impounded by the city shall be released to the owner upon payment of all applicable
impoundment and storage fees. If a donation box is impounded for longer than 10
calendar days, it shall be considered abandoned property subject to disposal or sale
at the city's sole discretion.
(3) Donation boxes shall only be permitted to be placed on real property located within
the following use districts in the city's Zoning Ordinance: Heavy Industrial (HI), Light
Industrial (LI), and Commercial (C). Donation boxes shall not be permitted to be
placed on real property located within any other zoning districts.
(4) It shall be unlawful to place a donation box upon any public property or in any public
right of way regardless of the zoning district without prior written consent of the City.
(b) Donation Box Permit and Decal Required
It shall be unlawful for any person that owns, leases, or 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 permit decal in compliance
with the provisions of this Division.
(c) Permit Requirements
(1) Permit and decal required. A permit and corresponding decal to allow a donation box
to be placed and used at a designated location shall be issued by the Administrator
within sixty (60) days of receipt of a completed application after determining that all
the requirements of this Section are satisfied.
(2) Authorization for use. A person seeking to place a donation box on real property must
obtain written authorization allowing the placement of the donation box from from
the real property owner, lessee, or property manager of said real property.
(3) Requirement to keep clean. A permit holder shall be responsible for collecting the
contents of the donation box to prevent overflow and littering. A permit holder shall
keep the real property situated within 25 feet of the location of a donation box clean
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and free of debris, trash, broken glass, coat hangers, close, clothing accessories, or
excess donations. A permit holder 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 permit holder,
the permit holder 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. A permit
holder who is issued a citation within the one-year term of a donation box permit is
subject to revocation of the associated donation box permit.
(4) Number of boxes allowed. No more than one (1) donation may be permitted on any
one lot. In the case of a shopping center or office development that consists of multiple
platted lots, the Administrator shall treat the shopping center or, office development
as if it is only one contiguous lot. In the case of a shopping center or office
development, the Administrator can permit a single additional donation box,
provided that neither box is within 50 feet of the other. The 50 foot distance
requirement does not apply if both donation boxes are operated by the same person.
(5) Maximum size of the box. No donation box shall exceed 120 cubic feet in size.
(6) Permissible construction materials. Each donation box shall be constructed from
metal material to prevent high winds from toppling and/or moving the donation box
and to reduce the potential of arson or graffiti.
(7) Color of the box. Each donation box shall be painted one solid color. Trade dress color
schemes or corporate logos will be allowed. No fluorescent colors shall be used for a
donation box or its associated signage.
(8) GPS coordinates. No donation box shall be permitted without a valid set of GPS
coordinates identifying the placement location of the donation box.
(9) Placement on site. No donation box shall be permitted within the row of parking
adjacent to street right-of-way unless an existing landscape setback is present and in
good condition. If there is no existing landscape setback, a donation box shall not be
placed less than 40 feet from the adjacent street right-of-way.
(10) Notice to donors. Each donation box shall clearly indicate in writing on the
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.
(11) Contact information. The permit holder placing or maintaining the donation
box shall display on the donation box the current contact information -of the person
operating the box including name, street address and phone number. Said
information must be readable and clearly visible to the public from the front side of
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the box. The size of lettering for the contact information shall be not less than one-
half inch in height.
(d) Applications for Permits
(1) Applicants for permits under this Division shall file a written, sworn application with
the Administrator. The application shall include the written authorization of the
property owner, lessee, or property manager allowing placement of the donation box
on property owned, leased, or managed by them. A site plan depicting the exact
proposed location (with GPS coordinates indicated) of the donation box shall be
submitted with each application.
(2) A separate permit application shall be required for each donation box regardless of
the ownership thereof. Permits issued under the provisions of this Division shall be
valid only at the address and GPS coordinates stated in the permit.
(3) An annual permit fee for each donation box shall be required. All permits shall expire
on the one-year anniversary of the date of issuance.
(4) Any person denied a permit shall have the right to appeal such action in accordance
with the provisions of subsection (i) herein.
(e) Transfer of Permit Prohibited
No permit issued under the provisions of this section shall be transferrable. The
authority a permit confers is conferred only on the permit holder named therein.
(f) Maintenance and Upkeep
(1) The permit holder and the real property owner shall be held jointly and severally
liable and responsible for the maintenance, upkeep, and servicing of the donation box
and for the clean-up and removal of any donations left on the property outside of the
donation box.
(2) The city shall have the authority to abate any property in violation of this section that
is deemed a public nuisance under the procedures contained in Chapter 4, Article
4.03, and Chapter 7, Article 7.04 of this Code of Ordinances. This provision does not
exclude or limit the use of any other provision in the this Code_ of Ordinances or the
laws of the State of Texas.
(3) The visual and structural integrity of the donation box must be continuously
maintained.
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(4) The placement of the donation box shall not impede traffic nor visually impair any
motor vehicle operation within a parking lot, driveway, or street.
(5) The donation box shall not be located in a required landscape or building setback,
drainage easement, floodplain, driveway, utility easement, or fire lane.
(6) At least one (1) stacking or parking space must be provided for use of persons
accessing the donation box.
(7) The donation box must not be located in, or block public access to, any required off-
street parking spaces, access easements, or stacking lanes serving a structure on the
property, fire lane, or fire hydrant.
(8) The current permit decal for the specific donation box must be affixed and displayed
at all times on the outside of the donation box on the front side.
(9) The donation box shall only be used for the solicitation and collection of clothing and
household items. All donation materials must fit into and be placed inside the
donation box. The collection or storage of any materials outside the donation box is
strictly prohibited.
(10) No donation box shall be permitted to be placed or remain within 200 feet
from a residential dwelling zoning district. Said distance shall be measured from a the
donation box to a residential lot line.
(11) The donation box shall be continuously maintained in compliance with all
requirements imposed by subsection (c) herein.
(g) Revocation of Permit
(1) Grounds. Any permit issued hereunder may be revoked by the Administrator if the
permit holder has (1) received a citation for a violation of this division with the
preceding 12 -month time period; or (2) has knowingly made a false statement in the
application; or (3) has otherwise become disqualified for the issuance of a permit
under the terms of this section.
(2) 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 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.
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(3) Anneal: Hearing. The permit holder shall have ten (10) calendar days from the
effective date of such revocation in which to file notice with the Administrator of their
appeal from the order revoking said permit. The Administrator shall provide for a
hearing on the appeal in accordance with the provisions of subsection (i) herein.
(4) Removal of Box: Impoundment. Upon finalization of any revocation the permit holder
shall remove said donation box no later than ten (10) days after said final decision.
Upon expiration of this 10 -day grace period, the donation box shall acquire
noncompliant status and be subject to immediate impoundment without further
notice. Any donation box impounded by the city shall be released to the owner upon
payment of all applicable impoundment and storage fees. If a donation box is
impounded for longer than ten (10) calendar days, it shall be considered abandoned
property subject to disposal or sale at the city's sole discretion.
(5) One -Year Waiting Period. In the event that a permit or permits of a permit holder is
revoked by the Administrator, no second or additional permit shall be issued to such
person within one year of the date such permit or permits were revoked.
(h) Fees
All fees established by this Division shall be in the amount set forth Appendix A,
Article A1.000, Section A1.006 to this Code of Ordinances.
(i) Administrative Appeals of Denial or Revocation of Permit
(1) Upon denial or revocation of a permit for placement of a donation box, the
Administrator, or his or her designee, shall notify the applicant or permit holder in
writing of the reason for which the permit is subject to denial or revocation. The
applicant or permit folder may then file a written request for a hearing with the
Administrator within ten (10) calendar days following service of such notice. If no
written request for hearing is filed within ten (10) calendar days, the denial or
revocation is final.
(2) Upon receipt of a written request for hearing of denial or revocation of a donation box
permit, the Administrator shall notify the applicant or permit holder of the date and
place of hearing, to be conducted within twenty (20) calendar days of the date on
which the notice of appeal was filed with the administrator.
(3) The hearings provided for in this section shall be conducted by the Administrator or
a designated hearing officer at a time and place designated by the Administrator or
the hearing officer. Based upon the evidence presented at such hearing, the
Administrator or the hearing officer shall sustain, modify, or rescind any notice or
order considered at the hearing. The Administrator shall furnish a written notice of
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the hearing decision to the applicant or permit holder requesting the hearing. In
reaching his or her decision, the Administrator or designated appeal officer may
consider the factors set forth in subsection (j) (4) herein.
(4) An applicant or permit holder for whom a denial or revocation of a permit has been
sustained after the hearing in front of the Administrator or designated hearing officer
may appeal that decision directly to the City Appeal Officer.
(5) An appeal, either to the Administrator or designated hearing officer, or to the City
Appeal Officer, shall not stay the denial or revocation of the permit unless otherwise
directed by the Administrator.
(j) Appeals of Administrator Decision
(1) All appeals to the City Appeal Officer must be made in writing and received by the city
no later than ten (10) calendar days after any final decision of the Administrator or
designated hearing officer in accordance with subsection (i).
(2) The City Appeal Officer shall schedule the appeal hearing for no less than twenty (20)
days from receipt of the appeal and shall provide written notice of the time and place
of the appeal to the appellant.
(3) If the City Appeal Officer finds by a preponderance of the evidence that the denial or
revocation of the donation box permit was necessary to protect the health, safety, or
welfare of the general public the City Appeal Officer shall affirm the denial or
revocation of appellant's donation box application or permit.
(4) The City Appeal Officer may consider any or all of the following factors when reaching
a decision on the merits of the appeal:
(A) The number of violations, convictions, or liability findings;
(B) The number of previous revocations or denials;
(C) The number`of repeat violations at the same location;
(D) The degree to which previous violations endangered the public health,
safety, or welfare; or
(E) Any pending action or investigation by another agency.
(5) After the hearing, the City Appeal Officer shall issue a written order. The order shall
be provided to the appellant by personal service or by certified mail, return receipt
requested.
(6) The City Appeal Officer may affirm or reverse the denial or revocation of the donation
box permit. If affirmed, the order issued must state that the appellant is not eligible
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to receive a new donation box permit sooner than one year after the date of the order.
If reversed, the donation box permit shall be reinstated immediately (in the case of a
revocation) or within three (3) business days (in the case of a denial).
(7) The determination of the City Appeal Officer shall be final on the date the order is
signed and shall be the final decision by the city.
(8) An appeal to the City Appeal Officer does not stay the effect of a denial or revocation
or the use of any enforcement measure unless specifically ordered by the
Administrator or the City Appeal Officer.
§ 5.05.103 Enforcement and Penalties
(a) Offense/Penalty
(1) A person who violates any provision of this Division by performing an act prohibited
or by failing to perform a required act 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.
(2) A culpable mental state is not required for the commission of an offense under this
Article.
(3) Nothing in this Division shall limit the remedies available to the City in seeking to
enforce the provisions of this Division.
(4) All other legal remedies are reserved by the City if necessary to enforce the provisions
of this Division. This shall be in addition to, and not in lieu of, the criminal penalties
provided for in this Division."
Section 3. That Appendix A, "Fee Schedule," Article A1.000, "Miscellaneous Fees," of
the Code of Ordinances shall be be amended by adding Section A1.006, "Donation Box Fees"
to read as follows:
"Section A1.006 Donation Box Fees
The following fees relating to the operation of donation boxes in the city are hereby
established:
(1) Annual permit application fee: $200.00
(2) Impoundment fee: $200.00
(3) Storage fee: $20.00 per day.
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Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty of a
Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of
Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of
any violation of the above -enumerated sections shall constitute and be deemed a separate
offense.
Section 8. This ordinance shall become effective on the 1st day of June, 2026.
PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session
on this the 271h day of April, 2026.
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ATTEST:
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ice Ellis, City Clerk
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Mihir Pankaj, Aayor
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
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