The purpose of this article is to protect the citizens against
crime, including deceptive practices, fraud, and burglary, minimize
the unwelcome disturbance of citizens and the disruption of citizens’
privacy, and preserve the public health, safety, and general welfare
by registering and regulating solicitors.
(2001 Code, sec. 4.501)
In this article:
The building official of the city or his/her designated representative.
The City of Azle, Texas.
A person under the age of eighteen.
Traveling either by foot or vehicle, going door-to-door,
house-to-house, building-to-building, or along any street in the city,
personally contacting occupants or other persons, selling or taking
orders for or offering to sell or take orders for goods or services
for commercial purposes.
A person who engages in solicitation activities.
(Ordinance 2014-12, sec. 1, adopted 8/26/14)
(a)
Solicitation
activities are allowed:
(1)
Monday–Saturday from 9:00 a.m. until 9:00 p.m. or dark on any
day, whichever is earlier. “Dark” means the time of day
identified by the United States Naval Observatory as being the end
of civil twilight on a particular day in the city.
(2)
At any time to a premises where the visit results from a request
or an invitation made by the owner, or any occupant or person residing
on the premises.
(b)
Solicitation
activities are prohibited:
(1)
Sundays.
(2)
Federal holidays.
(3)
At a residence or business that has a sign posted giving notice that
solicitors are not welcome, such as, “no solicitors” or
words of similar meaning.
(4)
At a residence where the owner or occupant has completed an application
to be included on the “no solicitor list” provided by
the city.
(Ordinance 2014-12, sec. 7, adopted 8/26/14)
(a)
The
building official, or their designee, shall develop and maintain a
list of residences where solicitation activities is prohibited and
such list shall be referred to as the “do not solicit list.”
(b)
Any
property owner or occupant may elect to add or remove his or her residence
to or from the do not solicit list through the procedures developed
by the building official. The property owner or occupant making such
a request will be required to affirm that he or she is an owner or
occupant of the residence, and is making the request on their behalf
and on behalf of any other occupant at that address.
(c)
The
building official shall make the do not solicit list available on
the city’s website and to any person upon request.
(d)
The
building official shall provide a copy of the do not solicit list
to each person issued a registration under this article.
(Ordinance 2014-12, sec. 9, adopted 8/26/14)
[1]
Editor’s note–Former section 4.07.034 pertaining
to bonds and deriving from the 2001 Code, sec. 4.506, was deleted
in its entirety by Ordinance 2014-12, sec. 3, adopted 8/26/14. The
remaining sections in this division were renumbered at the editor’s
discretion.
(a)
A
person, other than a minor, shall not engage in solicitation activities
in the city without first registering with the city and obtaining
a registration certificate and identification badge from the building
official.
(b)
A church, school, civic or other nonprofit entity is exempt from the requirements of sections 4.07.032 through 4.07.036 of this article if the entity complies with the following requirements: The entity shall submit to the city official responsible for issuing permits a letter containing the name of the church, school, civic or nonprofit entity, the name, telephone number and address of the person in charge of the activity, the product to be solicited and the dates that the activity is to take place.
(Ordinance 2014-12, sec. 2, adopted 8/26/14)
(a)
A
minor shall not engage in solicitation activities in the city except
in compliance with this section.
(b)
A person, company, or organization that sponsors or employs one or more minors as solicitors shall apply for registration with the city. The sponsor shall pay an annual fee as provided for in the fee schedule found in appendix A of this code.
(c)
The
sponsoring person, company, or organization shall:
(1)
Provide to each individual minor a badge or other easily readable
form of identification which identifies the name of the sponsor and
the name of the minor;
(2)
Require all minors to wear the identification so that it is clearly
visible at all times when the minor is engaged in solicitation activities;
and
(3)
Be responsible for the conduct of all minors engaging in solicitation
activities under the sponsor’s registration.
(2001 Code, sec. 4.504)
A separate application for a solicitor’s registration
is required for each solicitor. An application must be made under
oath and must contain the following information:
(1)
Proof
of age, address, and identification of the applicant, to be provided
through the applicant’s driver’s license, articles of
incorporation, or other legally recognized form of identification;
(2)
If
the solicitor is employed by another, the name and business address
of the employer; if acting as an agent, the name, address, and telephone
number of the principal who is represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal;
(3)
A
brief description of the goods or services to be sold or offered for
sale;
(4)
The
hours and location of the solicitation activities;
(5)
If
the applicant has been convicted of a felony or misdemeanor involving
fraud, a sex offense, trafficking in controlled substances, or any
violent acts against persons or property within five years preceding
the date of application, a description of each such conviction. The
description shall include the date the offense occurred, the date
of conviction, the location of the offense, the offense of which the
applicant was convicted, and the sentence received. For purposes of
this section, a conviction is deemed to have occurred if an applicant
is ordered to be placed upon deferred adjudication or community supervision;
(6)
Proof
of possession of any license or permit which, under federal, state,
or local laws or regulations, the applicant is required to have in
order to conduct the proposed business, or which, under any law or
regulation, would exempt the applicant from the registration requirements
of this article; and
(7)
Two
photographs of the applicant, measuring at least one and one-half
inches by two inches and showing the head and shoulders of the applicant
in a clear and distinguishing manner, which shall have been taken
within the preceding sixty days before the filing of the application.
(2001 Code, sec. 4.505)
(a)
An applicant for registration shall pay an annual fee as provided for in the fee schedule found in appendix A of this code. A solicitation registration is valid for one year.
(b)
A
church, school, civic or other nonprofit entity is exempt from the
payment of the annual registration fee.
(c)
Applicants
demonstrating a valid claim of interstate commerce shall be exempt
from the fee requirements herein, but shall be otherwise regulated
by the provisions of this article.
(2001 Code, sec. 4.507)
(a)
Upon
receipt of the application, the building official shall review the
application to ensure the protection of health, safety and general
welfare.
(b)
If
the building official finds the application to be in compliance with
this article, the registration shall be authorized.
(Ordinance 2014-12, sec. 4, adopted 8/26/14)
(a)
Upon
authorization of the registration and payment of the fee, the building
official shall deliver an identification badge for each registered
solicitor.
(b)
While
engaging in solicitation activities, a solicitor shall wear the badge
so that it may be easily read by those being solicited. If the badge
becomes damaged, the solicitor shall return it to the city and receive
a replacement badge.
(c)
The
identification badge shall be used only by the person to whom they
were issued and may not be transferred to another person.
(Ordinance 2014-12, sec. 5, adopted 8/26/14)
(a)
The
building official shall deny an application for registration if they
find any of the following to be true:
(1)
The location and time, or manner of solicitation activities would
interfere with the public’s use of streets or endanger the safety
and welfare of the solicitors or their customers.
(2)
An investigation reveals that the applicant falsified information
on the application.
(3)
Within the five years preceding the application, the applicant has
been convicted of a felony or misdemeanor involving a sex offense,
trafficking in controlled substances, or any violent acts against
persons or property.
(4)
The applicant is a person against whom judgment based upon, or conviction
for, fraud, deceit, or misrepresentation has been entered within the
five years preceding the date of application.
(5)
The applicant provided no proof of authority to serve as agent for
the principal.
(6)
The applicant has been denied registration under this article within
the previous twelve months, and the applicant has not shown to the
satisfaction of the building official that the reasons for the earlier
denial no longer exist.
(b)
A
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 at the address shown on the application or the last
known address.
(Ordinance 2014-12, sec. 6, adopted 8/26/14)
A registration certificate issued pursuant to this article may
be revoked or suspended by the director, after notice and hearing,
for any of the following reasons:
(1)
Fraud,
misrepresentation, or false statement contained in the application
for registration;
(2)
Fraud,
misrepresentation, or false statement made by the solicitor in the
course of conducting solicitation activities;
(3)
Conducting
solicitation activities which are not described in the application;
(6)
Conducting
solicitation activities in such a manner as to create a public nuisance,
constitute disorderly conduct, or endanger the health, safety, or
general welfare of the public.
(2001 Code, sec. 4.512)
(a)
A
person who is denied registration or whose registration is revoked
or suspended by the building official may appeal the decision to the
city manager by filing notice of appeal with the building official
within fifteen days after the notice of the decision is mailed to
the address indicated on the application.
(b)
Within
ten days of the receipt of the notice of appeal, the city manager
shall set a time and place for a hearing on the appeal which shall
be no later than thirty 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 applicant
by mail, sent to the address indicated on the application.
(d)
The
decision of the city manager is final. No administrative procedures
are provided by the city.
(Ordinance 2014-12, sec. 8, adopted 8/26/14)
