Title
Conduct a Public Hearing to Consider/Discuss/Act on an Ordinance Amending Chapter 146-130 (Vehicle Parking) of the Code of Ordinances, the Creation of Chapter 138, Article VII (Donation Collection Containers) of the Code of Ordinances, and an Amendment to Appendix A (Schedule of Fees) of the Code of Ordinances
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
Enhance the Quality of Life in McKinney
MEETING DATE: November 1, 2016
DEPARTMENT: Development Services Division
CONTACT: Michael Quint, Executive Director of Development Services
Mark Houser, City Attorney
RECOMMENDED CITY COUNCIL ACTION:
* Staff recommends approval of the proposed ordinance amendments.
ITEM SUMMARY:
* Staff was recently made aware of recent federal court decisions that impact McKinney's current regulations and practices as they pertain to donation containers. The proposed amendments will bring McKinney into conformance with these decisions.
* In April of 2015, the U.S. Court of Appeals for the Sixth Circuit issued an opinion in the case Planet Aid v. City of St. John's, MI. The opinion stated that the City of St. John's ordinance which banned outdoor, unattended charitable donation bins was a violation of Planet Aid's first amendment constitutional right (free speech) and the underlying federal district court's preliminary injunction was upheld. The court's opinion is attached for reference purposes.
* McKinney's ordinances do not specifically provide for a permit to utilize or place a donation bin, and thus they have been historically prohibited as a result. In order to remain consistent with current first amendment case law and avoid claims or litigation, Staff is proposing to modify the Code of Ordinances.
* Donation containers have historically proven to be a source of visual clutter and blight thus many municipalities throughout the nation have prohibited them. While McKinney has not expressly prohibited donation containers, staff prop...
Click here for full text