For purpose of this article, the following terms have the meaning stated here:
Charitable organization or organization.
An entity that the United States Internal Revenue Service recognizes to be a charitable organization or a church.
Contribution.
Currency, coin, or check.
Location.
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 as listed in the fee schedule of this code (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; Ordinance 25-008 adopted 2/18/2025)
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)