The purpose of this article is to:
(1)
Protect the sanctity of the public's right to privacy and freedom
from the disturbance of unwanted solicitation within the city; and
(2)
Enact the minimal regulations to ensure the right to freedom of speech
is not infringed upon.
(Ordinance 28 adopted 4/28/09)
For the purpose of this article, the following words as used
herein shall be considered to have the meaning herein ascribed thereto:
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident, for the primary purpose of:
Attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate, even if
incidental to such purpose the canvasser accepts the donation of money
for or against such cause; or
Distributing a handbill or flyer advertising a noncommercial
event or service.
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident, for the primary purpose of attempting to sell a
good or service. A “peddler” does not include a person
who distributes handbills or flyers for a commercial purpose, advertising
an event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or at a time different
from the time of visit. Such a person is a “solicitor.”
Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident, for the primary purpose of:
Attempting to obtain a donation to a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
charitable, political, or religious purpose, even if incidental to
such purpose there is the sales of some good or service; or
Distributing a handbill or flyer advertising a commercial event
or service.
(Ordinance 28 adopted 4/28/09)
No person shall act as a peddler or solicitor within the city
without first obtaining a peddler license in accordance with this
article. A canvasser is not required to have a peddler license but
any canvasser wanting a peddler license for the purpose of reassuring
city residents of the canvasser's good faith shall be issued one upon
request.
(Ordinance 28 adopted 4/28/09)
This article shall not apply to a federal, state or local government
employee or a public utility employee in the performance of his/her
duty for his/her employer.
(Ordinance 28 adopted 4/28/09)
Application for a license shall be made upon a form provided
by the city police department during regular business hours. The license
shall be issued promptly after application, unless it is determined
that:
(a)
The applicant or any adult acting on the behalf of the applicant
has been convicted of a felony or a misdemeanor involving moral turpitude
within the past seven years; or
(b)
Any statement upon the application is false, unless the applicant
can demonstrate that the falsehood was the result of excusable neglect.
(Ordinance 28 adopted 4/28/09)
(a)
The applicant (person or organization) shall truthfully state in
full the information requested on the application and information
shall be submitted for each person for which a card is requested,
to wit:
(1)
Name and address of present place of residence and length of residence
at such address of the applicant and each adult acting on the behalf
of the applicant; also business address if other than present address;
(2)
Address of place of residence during the past three years if other
than present address;
(3)
Age of applicant and each adult acting on the behalf of the applicant;
(4)
Physical description of the applicant adult acting on the behalf
of the applicant;
(5)
Date and place of birth for each person for whom a card is requested;
(6)
Name and address of the person, firm or corporation or association
whom the applicant is employed by or represents; and the length of
time of such employment or representation;
(7)
The motor vehicle make, model, year, color and state license plate
number of any vehicle which will be used by each person for whom a
card is requested;
(8)
If a license is requested for a peddler:
(A)
The name and permanent address of the business offering the event,
activity, good or service (i.e., the peddler's principal).
(B)
A copy of the principal's sales tax license as issued by the state,
provided that no copy of a license shall be required of any business
which appears on the city's annual report of sales tax payees.
(9)
Name and address of employer during the past three years if other
than the present employer and for each adult acting on the behalf
of the applicant;
(10)
Description sufficient for identification of the subject matter of
the soliciting in which the applicant will engage, including a copy
of any literature proposed to be distributed;
(11)
Period of time for which the license is applied;
(12)
The date, or approximate date, of the latest previous application
for license under this article, if any;
(13)
Has a license issued to the applicant under this article ever been
revoked?
(14)
A list of all infraction, offense, misdemeanor and felony convictions
of each person for whom a license is requested for the seven years
immediately prior to the application;
(15)
Names of the three most recent communities where the applicant has
solicited house to house;
(16)
Proposed method of operation;
(17)
Signature of applicant;
(18)
Social Security number of applicant;
(19)
Driver's license number of applicant and each adult acting on the
behalf of the applicant; and
(20)
Number of licenses required.
(b)
All statements made by the applicant upon the application or in connection
therewith shall be under oath.
(c)
The police department shall cause to be kept in the city office an
accurate record of every application received and acted upon together
with all other information and data pertaining thereto and all licenses
issued under the provisions of this article, and of the denial of
applications. Applications for licenses shall be numbered in consecutive
order as filed, and every license issued, and any renewal thereof,
shall be identified with the duplicate number of the application upon
which it was issued.
(d)
No license shall be issued to any person who has been convicted of
the commission of a felony (except crimes relating to political protest)
under the laws of the State of Texas or any other state or federal
law of the United States, within seven (7) years of the date of the
application; nor to any person who has been convicted of a violation
of any of the provisions of this article; nor to any person whose
license issued hereunder has previously been revoked as herein provided.
(Ordinance 28 adopted 4/28/09)
Except for children under the age of 18, each license shall
be (when the individual for whom it was issued is acting as a peddler
or solicitor) worn on the outer clothing of the individual or otherwise
displayed, so to be reasonably visible to any person who might be
approached by said person. In addition to the license being visible,
the individual's name and name of the organization which they represent,
if applicable, shall be visible to the public.
(Ordinance 28 adopted 4/28/09)
Unless revoked, a license shall be valid within the meaning
of this article for a period of one year from its date of issuance
or the term requested, whichever is less. The license shall state
the expiration date thereof.
(Ordinance 28 adopted 4/28/09)
(a)
Grounds.
Any license issued hereunder shall be revoked
by the city manager if the holder of the license is convicted in municipal
court of a violation of any of the provisions of this article, or
has made a false material statement in the application, or otherwise
becomes disqualified for the issuance of a license under the terms
of this article.
(b)
Notice.
Immediately upon such revocation, written notice
thereof shall be given by the city to the holder of the license in
person or by certified United States mail addressed to his or her
residence address set forth in the application. Immediately upon the
giving of such notice, the license shall become null and void.
(c)
Appeal.
The licensee shall have ten (10) days from the
date of revocation or denial in which to file notice of appeal to
the city council. Upon receipt of an appeal the city council will
conduct a hearing on the denial or revocation within 30 days from
the date of receipt of the appeal. After holding a hearing on the
revocation or denial, the city council shall by majority vote either
sustain the action or issue an order reinstating the license. In the
event of the filing of an appeal from a revocation issued under the
provisions of this section, then, until such appeal has been determined
by the city council, such revocation order shall be stayed.
(Ordinance 28 adopted 4/28/09)
(a)
Every person desiring to secure the protection provided by the regulations
pertaining to peddling or soliciting contained in this article shall
comply with the following directions, to wit.
(b)
Notice of the determination by the occupant of giving invitation
to peddlers, solicitors, or the refusal of invitation to peddlers
or solicitors, to any residence, shall be given in the manner following.
(c)
A weatherproof card, at least three inches by four inches (3”
x 4”) in size, shall be exhibited upon or near the main entrance
door to the residence, at the entrance driveway or other main access
point, indicating the determination by the occupant, containing the
applicable words, as follows:
(d)
Such card so exhibited shall constitute sufficient notice to any
solicitor of the determination by the occupant of the residence of
the information contained thereon.
(Ordinance 28 adopted 4/28/09)
(a)
It shall be the duty of every peddler, solicitor and canvasser upon
going onto any premises in the city upon which a residence as herein
defined is located, to first examine the notice provided for in this
article, if any is attached, and be governed by the statement contained
on any notice. If the notice states “ONLY SOLICITORS REGISTERED
IN THE CITY OF BEE CAVE INVITED,” then the solicitor not possessing
a valid license as herein provided shall immediately and peacefully
depart from the premises, and if the notice states “NO SOLICITORS
INVITED,” then the peddler, solicitor or canvasser, whether
registered or not, shall immediately and peacefully depart from the
premises and shall not leave any material, merchandise, or literature
whatsoever on the premises.
(b)
No peddler, solicitor or canvasser shall engage in any conduct, activity
or gesture which is threatening, offensive or obnoxious in order to
gain access or maintain access or contact with any person, such as
but not limited to, preventing the closing of a door or gate by physical
means.
(c)
Every peddler, solicitor or canvasser shall identify himself as a
solicitor upon approaching a citizen at a residence and explain his
purpose, whether it be direct sales, solicitation of orders, or the
demonstration of goods or merchandise, or any combination of such
purposes.
(d)
Every commercial peddler and solicitor shall provide identification
when requested by the citizen they are approaching, or if requested
by a peace officer.
(e)
Any peddler, solicitor or canvasser who has gained entrance to any
residence, whether invited or not, shall immediately and peacefully
depart from the premises when requested to do so by the occupant.
(f)
No peddler, solicitor or canvasser shall use or attempt to use any
entrance other than the front or main entrance to the dwelling or
step from the sidewalk or indicated walkway (where one exists) leading
from the right-of-way to the front or main entrance, except by express
invitation of the resident or occupant of the property.
(g)
No peddler, solicitor, canvasser or any person working on their behalf,
shall shout, make any outcry, blow a horn or whistle, ring a bell,
or use any sound device, including any loud-speaking radio or sound-amplifying
system, upon any of the streets, avenues, alleys, parks or other public
places of the city, or upon any private premises of the city where
sound of sufficient volume is emitted or produced therefrom to be
capable to be plainly heard upon the streets, avenues, alleys, parks
or other places, for the purpose of attracting attention to the location
or to any goods, wares or merchandise which any person permitted pursuant
to this article proposes to sell. This subsection also prohibits the
use of any audio device for the purpose of attracting customers to
retail establishments or merchants.
(h)
No peddler, solicitor, or canvasser shall enter a private residence
under false pretenses.
(i)
The licensee is responsible for all actions of the persons acting
on its behalf within the scope of the license issued.
(j)
No children under the age of 18 shall be permitted to peddle, solicit
or canvass without being accompanied and supervised by the licensee
or an adult acting on behalf of the licensee.
(Ordinance 28 adopted 4/28/09)
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant therefor and engage in soliciting or peddling as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of section 14.04.010 of this article.
(Ordinance 28 adopted 4/28/09)
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this article or not, to go upon any premises and ring the door bell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting or peddling as herein defined, prior to 9:00 a.m. or after 7:00 p.m. of any day, or at any time on a Sunday or on a state or national holiday. Except that the above prohibitions in this section and in section 14.04.012 shall not apply when the peddler, solicitor, or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
(Ordinance 28 adopted 4/28/09)
In addition to the other regulations contained herein, a solicitor
or canvasser leaving handbills or commercial flyers in the city shall
observe the following regulations:
(1)
No handbill or flyer shall be left at, or attached to any sign, utility
pole, transit shelter or other structure within the public right-of-way.
The police are authorized to remove any handbill or flyer found within
the right-of-way.
(2)
No handbill or flyer shall be left at, or attached to any privately
owned property in a manner that causes damage to such privately owned
property.
(4)
Any person observed distributing handbills or flyers shall be required
to identify himself/herself to the police (either by producing a license
or other form of identification). This is for the purpose of knowing
the likely identity of the perpetrator if the city receives a complaint
of damage caused to a private property during the distribution of
handbills or flyers.
(Ordinance 28 adopted 4/28/09)
(a)
A person may solicit for a charitable or political purpose in or
upon the public right-of-way, except those areas prohibited in this
article.
(b)
A person may conduct commercial solicitation in or upon the public
right-of-way, except those areas prohibited in this article, if the
solicitor has obtained a license or who is a member of an organization
that has obtained a license.
(c)
Solicitation for any purpose in the public right-of-way shall be
conducted only during the hours of daylight, specifically one-half
(1/2) hour after sunrise and one-half (1/2) hour before sunset.
(d)
It shall be unlawful for a person younger than eighteen (18) years
of age to solicit in the public right-of-way.
(e)
It shall be unlawful for a solicitor at any time to enter or remain
in the traveled portion of the roadway unless the solicitor has been
granted authorization pursuant to section 552.0071 of chapter 552
of the Texas Transportation Code. The restriction on solicitation
in the traveled portion of the roadway does not apply to public residential
streets.
(f)
It shall be unlawful for a solicitor at any time to enter or remain
in the traveled portion of the roadway of residential streets so that
their presence impedes the flow of traffic.
(g)
It shall be unlawful for a person to solicit in the public right-of-way
that is within one [thousand] (1,000) feet of any public or private
elementary or secondary school between the hours of 7:30 a.m. and
4:30 p.m. on days when such school is in session. The measurement
of the distance shall be made from the nearest property line of the
public or private elementary or secondary school.
(Ordinance 28 adopted 4/28/09)
It shall be unlawful for any person to solicit, peddle, or to
distribute handbills at any time in the public rights-of-way, with
or without a license, within one thousand (1,000) feet of the following
intersections:
(1)
Highway 71 at FM 2244 (Bee Caves Road);
(2)
Highway 71 at RR 620;
(3)
Bee Cave Parkway at RR 620;
(4)
Bee Cave Parkway at FM 2244;
(5)
FM 2244 at Resaca;
(6)
Highway 71 at Galleria Parkway (Hill Country Blvd.);
(7)
Highway 71 at Hamilton Pool Road;
(8)
RR 620 at Falconhead Boulevard; and
(9)
RR 620 at Home Depot Boulevard.
(Ordinance 28 adopted 4/28/09)
The city council shall by resolution or article set a fee for
the issuance of licenses of registration. Organizations which provide
written evidence that they are a 501(c)(3) nonprofit organization
according to the regulations of the Internal Revenue Service, shall
be exempt from paying the license fee; however, such nonprofit organizations
are subject to and shall comply with the application and license requirements
herein.
(Ordinance 28 adopted 4/28/09)
A municipal court judge, in addition to imposing a fine, may
institute proceedings to suspend or revoke the license of a person
if the person is required by law to obtain a license from the city
and the judge finds the person guilty of violating a city article
relating to peddlers or solicitation.
(Ordinance 28 adopted 4/28/09)
Any person who violates any provision of this article or fails
to observe any provision of this article shall be deemed guilty of
a misdemeanor and upon conviction thereof, shall be punished by a
fine not exceeding five hundred dollars ($500.00) Every day the violation
continues and every occurrence or the doing of any act or thing prohibited,
or the neglect or refusal to do any act or thing required by this
article, shall constitute a separate offense. It shall not be necessary
for the complaint to allege or for proof to be made that the act was
knowingly done; nor shall it be necessary for the complaint to negative
any exception contained in this article concerning any prohibited
act, but any such exception made herein may be urged as defense by
any person charged by such complaint.
(Ordinance 28 adopted 4/28/09)
