The purpose of this article is to provide for the general health,
public safety and welfare, comfort, convenience and protection of
the city and the residents of the city by:
(1) Prohibiting
door-to-door solicitation and canvassing activity at residences during
the times when such activity is most intrusive and disruptive to citizens’
privacy;
(2) Regulating
the manner in which any solicitation activity, canvassing activity
or handbill distribution may occur to promote good order, prevent
litter and protect citizens from aggressive and intimidating practices;
and
(3) Requiring
solicitors to register with the city to aid crime detection and deter
deceptive practices and fraud.
The provisions of this article shall be construed to accomplish
these purposes.
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(Ordinance 1949, § 1, 3-13-12)
In this article:
Administrator
means the assistant police chief or some other employee of
the city designated by the chief of police.
Canvasser
means a person who engages in canvassing activities.
Canvassing or canvassing activity
means the act of:
(1)
Traveling either by foot or vehicle, going door-to-door, house-to-house,
building-to-building; or
(2)
Occupying space in or traveling on or through any public place
in the city;
Personally contacting persons to communicate in any manner,
whether orally, by written or printed materials including, but not
limited to, handbills, leaflets, hand signing or by any other method,
direct or implied, for any purpose other than selling or taking orders
for goods, wares, merchandise or services or collecting money.
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City
means the City of Euless, Texas.
Dark
means the time of day identified by the United States Naval
Observatory as being after the end of civil twilight on a particular
day in the city.
Handbill
means any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet, or any other
printed or otherwise reproduced original or copies of any manner.
Handbill distribution
means traveling either by foot or vehicle, going door-to-door,
house-to-house or building-to-building without personally contacting
persons to distribute or leave on or at each premises handbills for
any purpose.
Non-profit organization
means an organization or entity that is exempt from the payment
of tax pursuant to section 501(c)(3) of the Internal Revenue Code.
Selling
means to sell, dispense, peddle, hawk, display, offer to
sell or solicit for sale by offering or exposing for sale any goods,
wares, merchandise or services.
Solicitation activities
means traveling either by foot or vehicle, going door-to-door,
house-to-house or building-to-building personally contacting persons
to ask, barter or communicate in any manner, whether orally, by written
or printed materials including but not limited to handbills or leaflets,
hand signing or by any other method, direct or implied, for the purpose
of selling or taking orders for goods, wares, merchandise or services
or collecting money for any purpose.
Solicitor
means a person who engages in solicitation activities.
Traffic safety vest
means a high visibility vest made of fluorescent orange or
yellow material that may be clearly seen at any time of the day.
(Ordinance 1949, § 1, 3-13-12)
(a) This
article does not apply to:
(1) The
activity of a person with an appointment calling upon or dealing with
manufacturers, wholesalers, distributors, brokers or retailers at
their place of business and in the usual course of business;
(2) The
activity of a person acting at the request or invitation of the owner
or occupant of a residence;
(3) Sales
made under the authority of and by judicial order;
(4) The
activity of a government employee acting within the course and scope
of their official duties serving, delivering or posting official notices
including notices of code violations, water restrictions, utility
outages, burn bans, special event impacts or security issues; or
(5) The activity of a person under the authority of a permit issued under article I, “Food Establishments,” of chapter
42 of this Code.
(b) It shall be an affirmative defense to prosecution for any offense under this article that the activity of the defendant is listed in subsection
(a).
(Ordinance 1949, § 1, 3-13-12)
(a) A person
commits an offense if the person engages in solicitation or canvassing
activity at a residence:
(2) After
dark or 9:00 p.m., whichever is earlier on a given day.
(b) A person
commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution at a premises with
a posted notice that such activity is not welcomed or invited. It
shall be presumed that there is notice that solicitation or canvassing
activity is not welcomed or invited when there is exhibited in a conspicuous
place on or near the main entrance of the premises, a sign, not less
than four inches by three inches in size, containing the words “No
Solicitors,” “No Trespassing,” or words of similar
meaning in letters not less than two-thirds of one inch in height.
(c) A person who is not the owner or tenant of a premises commits an offense if the person removes, defaces or otherwise renders illegible a sign placed by the owner or tenant of the premises pursuant to subsection
(b) of this section.
(d) A person
commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution and remains or lingers
on a premises after being informed by the owner or tenant that they
are not welcome.
(e) A person
commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution in an aggressive or
intimidating manner. The term “aggressive or intimidating manner”
means:
(1) Blocking
the path of a person who is the object of the activity; or
(2) Following
behind, ahead or alongside a person who walks away from the solicitor
after being solicited, approached, accosted or offered a handbill,
leaflet or any other item.
(f) A person
commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution and distributes, deposits,
places, throws, scatters, or casts a handbill at a residence except
by:
(1) Handing
or transmitting the handbill directly to the owner or occupant then
present in or upon the premises; or
(2) Without
using adhesive or tape, placing or depositing the handbill in a manner
that secures the handbill and prevents it from being blown away, except
that mailboxes may not be used when the use is prohibited by federal
postal laws or regulations.
(g) A person commits an offense if the person secures a handbill at a residence in the manner described by subsection
(f)(2) of this section:
(1) In
a place that is more than five feet from the front door of the residence;
or
(2) When
another handbill has already been left or secured at the residence
and has not been removed from the outside of the residence.
(h) A person
commits an offense if the person engages in solicitation activities,
canvassing activities or handbill distribution without wearing a traffic
safety vest.
(Ordinance 1949, § 1, 3-13-12)
(a) A person
commits an offense if the person conducts solicitation activities
from a vehicle and:
(1) The
solicitation is conducted at a location within the right-of-way of
any street or highway in the city which is designated as a highway
or freeway, major or minor arterial on the city’s thoroughfare
plan; or
(2) The
person stops the vehicle within a roadway to conduct business before
the vehicle has been approached, called, or waived down by a prospective
customer.
(b) A person
commits an offense if the person operates a vehicle from which solicitation
activities are conducted upon any street or highway within the city
in a manner that blocks or impedes access to or from any alley, street
or driveway, or impedes the flow of traffic on any public street or
highway.
(Ordinance 1949, § 1, 3-13-12)
(a) Any person, firm, or corporation violating any of the terms and provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with chapter
1, “General Provisions,” section
1-12, “General Penalty,” of this Code. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder.
(b) In case of any willful violation of any of the terms and provisions of this article, the city, in addition to imposing the penalties provided in subsection
(a), may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the definition of any violation as a misdemeanor shall not preclude the city from invoking the civil remedies given it by the laws of the state.
(c) The court trying a civil or criminal cause under subsections
(a) or
(b) shall have the right and power upon judgment or conviction of any person for violation of any of the provisions of this article to decree and to make as a part of the judgment or conviction in such cause the forfeiture of the registration certificate required by this article. When a registration certificate is forfeited in this manner, no further certificate shall be issued to that person for one year from the date of judgment or conviction.
(Ordinance 1949, § 1, 3-13-12)
(a) A person
commits an offense if the person engages in solicitation activities
in the city without a valid registration certificate issued by the
administrator.
(b) A registration
certificate shall be valid for one year following the date of its
issuance unless a shorter period is requested by the applicant.
(c) An applicant
for a registration certificate shall pay a non-refundable application
fee at the time the application is submitted, and if required, shall
submit a bond.
(d) The amount of the non-refundable application fee shall be as set forth in chapter
30 of this Code. If a person, firm, corporation or organization engages in solicitation activity through two or more agents, employees or volunteers the non-refundable application fee for each additional agent, employee or volunteer shall be as set forth in chapter
30 of this Code. The non-refundable application fee shall be used for the purpose of defraying administrative expenses incident to the issuing of registration certificates.
(e) A non-profit organization or a person conducting solicitation activity on behalf of a non-profit organization is exempt from payment of the application fee and the bond requirement set forth in section
18-54 of this article.
(Ordinance 1949, § 1, 3-13-12)
A person desiring to conduct solicitation activities within
the city shall make a written application on a form provided by the
administrator for a registration certificate. The application shall
contain or be submitted with the following information:
(a) The
full name, date of birth, phone number and address of the applicant;
(b) A valid
state driver’s license number or a state-approved identification
card number (the administrator will make a photocopy and attach to
the application) of the applicant;
(c) Except as provided by subsection
18-53(c) of this chapter, two photographs of the applicant, measuring 1.5 inches × 1.5 inches and showing the head and shoulders of the applicant in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before filing the application;
(d) If a
vehicle or vehicles are used to conduct the solicitation activity,
a description of each vehicle, its license plate number and vehicle
identification number, the name and license number of the driver who
will operate each vehicle, and adequate proof under state law that
each driver maintains financial responsibility for the vehicle they
will operate shall be attached to the application;
(e) If the
applicant is acting as an employee, agent or volunteer, the name and
physical street address (not a post office box) and telephone number
of the employer, principal or organization with credentials in written
form establishing the relationship and authority of the employee,
agent or volunteer to act for the employer, principal or organization;
(f) If applicable,
the merchandise to be sold or offered for sale, the nature of the
services to be furnished;
(g) The
approximate time period within which the solicitation is to be made,
stating the date of the beginning of the solicitation activity, its
projected conclusion and the proposed dates and times of solicitation;
(h) Whether the applicant, upon any order obtained, will demand, accept or receive payment or the deposit of money in advance of final delivery, and if so, a copy of the bond required by section
18-54 of this article;
(i) If the
applicant, or the applicant’s employer or principal has pled
guilty, or nolo contendere to, or has been convicted of a felony or
misdemeanor involving fraud, deceit, theft, embezzlement, burglary,
larceny, fraudulent conversion, misrepresentation, or misappropriation
of property within ten years preceding the date of application, a
description of each such conviction or plea, the name of the court
and jurisdiction in which the complaint or indictment was filed and
the date of the offense;
(j) If the
applicant, or the applicant’s employer or principal is a person
against whom a civil judgment or administrative decision based upon
fraud, deceit, theft, embezzlement, burglary, larceny, fraudulent
conversion, misrepresentation, or misappropriation of property has
been entered or ordered within ten years preceding the date of application,
a description of judgment or action, the case or cause number, if
any, and the court or administrative agency that rendered the judgment
or decision;
(k) If the
solicitation activity is to be conducted on behalf of a non-profit
organization, proof of such status shall be attached to the application.
(Ordinance 1949, § 1, 3-13-12)
(a) A minor
who conducts solicitation activities shall be sponsored or employed
by a person over the age of 18, a corporation, firm or organization.
The person, corporation, firm or organization that is sponsoring or
employing the minor(s) is responsible for controlling the conduct
of the minors and the minors shall be under the constant supervisor
of a person 18 years of age or older.
(b) A person, corporation, firm or organization that sponsors or employs one or more minors as solicitors must submit one application and pay one nonrefundable application fee, in the amount set forth in Chapter
30, except as provided for in subsection
18-51(e) of this article, for the registration of the minors regardless of the number of minors who conduct solicitation activities. The sponsor or employer shall provide the administrator the name(s), date(s) of birth, address(es) and driver’s license number(s) (if applicable), and a notarized parental consent for each minor that will be conducting solicitation activities. The parental consent form, which shall be provided by the administrator, shall acknowledge the release of the information set forth above.
(c) A minor who conducts solicitation activities is exempt from section
18-56 of this article and shall be required to carry while conducting solicitation activities only a copy of the approved solicitors registration application.
(Ordinance 1949, § 1, 3-13-12)
(a) Solicitors who require cash deposits or advance payments for future delivery of goods or for services to be performed in the future or who require an agreement to finance the sale of goods for future delivery or for services to be performed in the future, shall furnish to the city a bond with the application in the amount determined in subsection
(c) of this section, signed by the applicant and a surety company authorized to do business in Texas:
(1) Conditioned
upon the final delivery of goods or services in accordance with the
terms of any order obtained;
(2) To
indemnify purchasers for defects in material or workmanship that may
exist in the goods sold and that are discovered within 30 days after
delivery; and
(3) For
the use and benefit of persons, firms, or corporations that may make
a purchase or give an order to the principal of the bond or to the
agent or employee of the principal of the bond.
(b) If a
person, firm, or corporation is engaging in solicitation activities
through one or more agents, employees, or volunteers only one bond
is required for the activities of all the agents, employees or volunteers.
(c) The
amount of the bond is determined by the number of solicitors as follows:
(1) One
to three solicitors: $500.00;
(2) Four
to six solicitor: $750.00;
(3) Seven
or more solicitors: $1,000.00.
(Ordinance 1949, § 1, 3-13-12)
(a) Upon
receipt of an application, the administrator shall review the application
to ensure compliance with this article.
(b) The
administrator shall authorize the registration within 30 days of receipt
of the application unless:
(1) An
investigation reveals that the applicant or the applicant’s
employer, principal or organization falsified information on the application;
(2) Within ten years preceding the date of application, the applicant or the applicant’s employer, principal or organization has pled guilty or nolo contendere to, or has been convicted of, a felony or misdemeanor described in subsection
18-52(i) of this article;
(3) Within ten years preceding the date of application, a civil judgment or administrative decision described in section
18-52(j) of this article has been entered or ordered against the applicant or the applicant’s employer, principal or organization;
(4) The
applicant provided no proof of authority to act on behalf of the employer,
principal or organization;
(5) The
type of solicitation activity requires a bond, and the applicant or
the applicant’s employer, principal or organization has not
complied with the bond requirements; or
(6) The application does not contain the information or documents required by section
18-52 of this article.
(c) The
denial and the reasons for the denial shall be noted on the application,
and the applicant shall be notified of the denial by notice mailed
to the applicant and the applicant’s employer, principal or
organization at the address shown on the application or the last known
address. The notice of denial shall be mailed within 30 days of the
receipt of the application.
(Ordinance 1949, § 1, 3-13-12)
(a) Upon
authorization of the registration, the administrator shall deliver
a registration certificate for each solicitor.
(b) The
registration certificate shall be in the form of a photo identification
tag and shall contain the following information:
(1) The
name and address of the solicitor;
(2) The
solicitor’s employer, principal or organization, if applicable;
(3) The
kind of goods or services to be sold or offered for sale, if applicable;
(4) A
description and license plate number of any vehicle to be used in
carrying out the solicitation activities, if applicable;
(5) A
registration number; and
(6) The
dates of issuance and expiration of the certificate.
(c) The
registration certificate shall be worn constantly in a conspicuous
place by the permit holder while conducting solicitation activities
in the city. A person commits an offense if the person engages in
solicitation activities and fails or refuses to show or display the
registration certificate upon the request of any person.
(d) A registration
certificate shall be used only by the solicitor for whom it was issued
and may not be transferred to another person. A person commits an
offense if the person wears or displays a photo identification tag
issued to another person.
(e) A person
who uses a vehicle in conducting solicitation activities shall post
a sign located in a conspicuous place on or in the window of the vehicle,
identifying the name of the person, company or organization that the
person represents. If the name is an individual person, it must be
followed by the word “solicitor.” The lettering on the
sign must be at least two and one-half inches high. A person commits
an offense if the person violates this subsection.
(Ordinance 1949, § 1, 3-13-12)
A registration certificate issued pursuant to this article may
be revoked or suspended by the administrator, after notice and hearing,
for any of the following reasons:
(a) Fraud,
misrepresentation, or false statement contained in the application
for registration;
(b) Fraud,
misrepresentation, or false statement made by a solicitor in the course
of conducting solicitation activities;
(c) A plea or conviction of a crime described in section
18-52(i) of this article;
(d) A judgment involving a matter described in section
18-52(j) of this article;
(e) The
type of solicitation activity requires a bond, and the bond requirements
have not been complied with or the bond has expired or is no longer
valid; or
(f) A violation
of any of the regulations set forth in this article.
(Ordinance 1949, § 1, 3-13-12)
(a) A person
who is denied a registration certificate or whose registration is
revoked or suspended by the administrator may appeal the decision
to the police chief by filing notice of appeal with the police chief
within 15 days after the notice of the decision is mailed to the address
indicated on the application or the last known address.
(b) Within
ten days of the receipt of the notice of appeal, the police chief
shall set a time and place for a hearing on the appeal which shall
be not later than 40 days from the date of receipt of the notice of
appeal.
(c) Notice
of the time and place of the hearing shall be delivered to the person
by mail, sent to the address indicated on the application or the last
known address of the appellant.
(d) The
decision of the police chief on the appeal is final. No other administrative
procedures are provided by the city.
(Ordinance 1949, § 1, 3-13-12)