For purpose of this article, the following terms have the meaning
stated here:
An entity that the United States Internal Revenue Service
recognizes to be a charitable organization or a church.
Currency, coin, or check.
The approaches to an intersection equipped with a traffic-control
signal light and within one hundred feet of such an intersection that
has been approved by the public works director or his designee.
(Ordinance 04-091, sec. 1, adopted 10/26/04)
(a)
No person shall stand in or alongside a street or highway within
the public right-of-way and sell or attempt to sell any goods or services
or solicit, or attempt to solicit, employment, business or contributions
from the occupant of any vehicle.
(b)
The prohibition, however, does not apply to a person soliciting contributions
for charitable organizations which have been issued a permit under
this article and who are in compliance with other provisions of this
article.
(Ordinance 04-091, sec. 1, adopted 10/26/04)
In order to solicit contributions while standing in or alongside
a street or highway within the public right-of-way, a charitable organization
must comply with the following requirements:
(1)
Not less than thirty (30) days prior to the date desired for soliciting,
submit a complete application to the city police chief or designee
for a permit. The police department shall create a form and review
procedure for this purpose. The form shall require the name of the
charitable organization; a point of contact for the organization (meaning
the name and phone number of the individual seeking the permit for
the organization); the desired date(s) and specific location(s) for
soliciting; the name, address, phone number and age of each individual
who may solicit contributions on behalf of the organization; and an
agreement of the organization indemnifying the city and holding it
harmless from any and all claims, suits, demands, damages, and attorney
fees arising out of or related to the acts or omissions of persons
soliciting for the organization. The form may require further information
that is reasonably necessary to the direct enforcement of this section
and the purposes of this article.
(2)
At the time of submitting a completed application, the organization
shall also submit the following items, and failure to do so renders
the application incomplete:
(A)
Fee payment in the sum of two hundred dollars ($200.00) (cash or
money order only) to defray the city’s costs of both processing
the application and advertising, and compliance monitoring on the
street. This fee is nonrefundable, unless the permit is denied.
(B)
Provide written proof of liability insurance in the minimum amounts
of two hundred fifty thousand dollars ($250,000.00) for personal injury
or death to any one (1) person, and five hundred thousand dollars
($500,000.00) per occurrence of death or personal injury, and one
hundred thousand dollars ($100,000.00) per occurrence of property
damage or destruction. The city must be an additional named insured
on the policy and specify that such insurance is primary. The insurance
policy must be issued by a company authorized to do business in Texas
and have an effective date that covers the date(s) of street soliciting.
(C)
Provide written proof that the organization is a charitable organization,
along with a copy of the organization’s charter (or, if a foreign
organization, then a copy of its certificate of authority to do business
in Texas).
(3)
No more than three (3) permits per calendar year may be issued to
an organization. For purposes of this subsection, local chapters of
a state, national or international organization are deemed separate
organizations, but committees or other subdivisions of an organization
are not so deemed.
(4)
A permit shall authorize street soliciting only for three (3) consecutive
calendar days, between the period of 9:00 a.m. and one (1) hour prior
to sunset, at the approved locations(s) specified in the permit.
(5)
The police chief or designee shall not issue an organization a permit
for a given date(s) or location(s) if a permit has already been issued
to another organization for such date(s) and location(s).
(6)
The police chief or designee shall grant a permit if the organization provides the information and documents, and meets the requirements stated in the above subsections (1) through (5) inclusive. The police chief or designee shall advise the organization’s point of contact of the decision to grant or deny the permit, not later than the tenth day after the date of receiving the application fee and all required information.
(7)
Permits may only be issued for street segments and intersections
approved by the public works director. A list of approved locations
may be obtained from the police department.
(Ordinance 04-091, sec. 1, adopted 10/26/04)
If a permit is granted, it shall state the name of the organization,
the names of persons who will be soliciting contributions for the
organization, and the approved date(s) and location(s). The organization
shall at its expense make sufficient copies of the permit to have
a copy with each solicitor at each approved location, and shall readily
present such copy for inspection upon demand by any person.
(Ordinance 04-091, sec. 1, adopted 10/26/04)
It is an offense for a person to solicit or attempt to solicit
contributions for a charitable organization that is issued a permit
and fail to:
(1)
Be at least eighteen (18) years of age;
(2)
Be named on the organization’s permit;
(3)
Wear a reflective orange or yellow visibility vest as the outermost
garment;
(4)
Be in the street or highway only when the controlling traffic signal
light prohibits vehicle movement in that lane;
(5)
Place an orange traffic-control cone, not less than twenty-four (24)
inches in height, on the center stripe of each street and highway
approaching the intersection, at least one hundred (100) to one hundred
and fifty (150) feet from the intersection, to warn drivers of a hazard
ahead;
(6)
Present for inspection a copy of the permit upon demand by any person;
or
(7)
Place a sign or signs at the intersection which comply with the requirements
of exhibit A of Ordinance 04-091 and the Texas Manual on Uniform Traffic
Control Devices.
(Ordinance 04-091, sec. 1, adopted 10/26/04)
It is an offense for any person to obstruct, tamper with, alter,
cover, or post any object on or to a traffic-control device. “Traffic-control
device” includes but is not limited to median markers, reflectors,
signal control boxes, regulatory signs, directional signs, warning
signs, and pedestrian walk lights.
(Ordinance 04-091, sec. 1, adopted 10/26/04)
Any peace officer observing any violation of any requirement
or prohibition of this article is authorized to issue a citation for
the person to appear in municipal court to answer the charge. Upon
issuance of the citation, such person shall immediately cease soliciting
or attempting to solicit any charitable contribution under that organization’s
permit. However, it is not the intent of this provision to bar such
person from participating in future charitable solicitations approved
under the provisions of this article.
(Ordinance 04-091, sec. 1, adopted 10/26/04)
