The following words and phrases, when used in this article shall
have the meanings ascribed to them by this section, except where the
context indicates otherwise:
Canvass.
For the purposes of this article, to examine or discuss in
detail; to make subject of discussion or debate; go through places
or among people asking, requesting or engaging for vote/opinions concerning
religious, political, or other topics of public concern but in no
event shall be construed to mean solicitation of funds or soliciting
merchandise as provided herein.
Charitable Purpose.
Philanthropic, religious or other nonprofit persons; the
benefit of any church or religious society, sect, group or order;
the benefit of a patriotic or veterans’ association or organization;
the benefit of any fraternal, social or civic organization, or the
benefit of any educational institution. “Charitable purpose”
shall not be construed to include any direct benefit to the individual
making the solicitation, or to include the benefit of any political
group or political organization which is subject to financial disclosure
under state or federal law.
Consumer.
An individual who seeks or acquires real or personal property,
services, money, or credit for personal, family or household purposes.
Handbill.
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 matter or literature.
Handbill Distributor.
Any person engaging or engaged in the business of distributing
handbills, other than newspapers distributed to subscribers thereof,
and any person not compensated or compensated directly or indirectly
for the distribution of such handbills.
Handbill Sponsor.
Any person, firm or corporation who utilizes handbills as
a medium of advertising or spreading a message.
Home Solicitation.
Canvassing or soliciting in person or by telephone cal I
from house to house for the purposes of selling or attempting to sell
goods, merchandise, wares, services or anything of value or to take
or attempt to take orders for the future delivery of goods, merchandise,
wares, or any personal property of any nature whatsoever, or to take
or attempt to take orders for services to be furnished or performed
in the future.
Home Solicitation Transaction.
A consumer transaction for the purchase of goods, services,
or realty, payable in installments or in cash, in which the peddler
engages in a personal solicitation of the sale to the consumer at
a residence, in person or by telephone, and the consumer’s agreement
or offer to purchase is given at the residence to the peddler in person
or by telephone. A home solicitation transaction shall not include
a sale made pursuant to a preexisting revolving charge account or
retail charge agreement, or a sale made pursuant to prior negotiations
between the parties at a business establishment at a fixed location
where goods or services are offered or exhibited for sale; or a sale
of realty in which transaction the purchaser is represented by a licensed
attorney or in which the transaction is being negotiated by a licensed
real estate broker.
Itinerant Vendor.
Any person who sets up and operates a temporary business
on privately owned property, whether improved or unimproved, in the
city, soliciting, selling, or taking orders for, or offering to sell
or take orders for any goods or services. A temporary business is
one that continues for forty-five (45) days or less and, exists whether
solicitation is from a stand, vehicle, or freestanding. Any business
that exists more than forty-five (45) days shall be deemed to be a
permanent occupancy and is required to obtain a certificate of occupancy
from the city.
Peddler, Solicitor, or Person.
Any individual, firm company, partnership, corporation, association,
trust, society, religious sect, organization, league, or other legal
entity and includes any trustee, receiver, assignee, agent, or similar
representative.
Person.
An individual, corporation, trust, partnership, association,
or any other legal entity.
Public Right-of-Way.
The traveled portion of a roadway, traffic medians and the
area that is within 10 feet of the curb line. In absence of a curb
line, the area within 10 feet of the shoulder of a road or highway.
Residence.
Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
Solicitation, Soliciting, Solicited.
Or any other form of the word solicit means the act of asking,
begging, bartering, pleading or communicating in any other such manner,
whether orally, by written and or printed material including but not
limited to handbills or leaflets, hand signing or by any other method,
direct or implied, by an individual or group of individuals for the
purpose of educating, promoting, receiving or obtaining money, alms,
gifts or items of value, real or intrinsic for said individual or
group of individuals, or for profit organization, a non-profit organization,
joint venture, joint stock company, partnership, club, company, corporation,
business, trust, establishment, religious institution or religion
association, or any other organization or affiliate thereof, and includes
a home solicitation and home solicitation transaction.
Solicit Funds or Solicitation of Funds.
Any home solicitation transaction; any request for the donation
of money, property, or anything of value, or the pledge of a future
donation of money, property, or anything of value; or the selling
or offering for sale of any property, real or personal, tangible or
intangible, whether of value or not, including, but not limited to,
goods, books, pamphlets, tickets, publications or subscriptions to
publications. Expressly excluded from the meaning of “solicit
funds” or “solicitation of funds” is any offer of
membership in any organization. A solicitation of funds is complete
when the solicitation is communicated to any individual then located
within the corporate limits of the city.
(Ordinance O2004-01-02 adopted 1/6/04)
(a) It shall
be unlawful for any person to peddle, solicit, hawk, sell or take
orders for or offer to take orders for any item or service at any
residence which shall exhibit in a conspicuous place upon or near
the main entrance to the residence containing the words “NO
SOLICITORS.” The letters shall be not less than two-thirds (2/3)
of an inch in height and should be displayed on a weather proof card
not less than three (3) inches by four (4) inches in size.
(b) Every
peddler or other person intending to engage in a charitable or noncharitable
solicitation, place handbills, or canvass, going onto any premises
upon which a residence is located shall first examine the residence
to determine if any notice prohibiting soliciting is exhibited upon
or near the main entrance to the residence. If notice prohibiting
soliciting is exhibited, the peddler shall immediately depart from
the premises unless the visit is the result of a request made by the
occupant.
(c) No person shall go upon any residential premises and ring the doorbell, or rap or knock upon the door, or create any sound in a manner calculated to attract the attention of the occupant of the residence, for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a charitable solicitation, noncharitable solicitation or home solicitation transaction, or place handbills, or canvass if a card as described in subsection
(a) of this section is exhibited in a conspicuous place upon or near the main entrance to the residence, unless the visit is a result of a request by the occupant.
(d) A person
engaged in a charitable or non-charitable solicitation shall not:
(1) Misrepresent
the purpose of the solicitation or offer to sell.
(2) Misrepresent
the affiliation of the vendor or solicitor.
(3) Continue
efforts to sell to or solicit from an individual once that individual
informs the vendor or solicitor that he does not wish to give anything
to or to buy anything from that vendor, peddler or solicitor.
(4) Represent
the issuance of any permit or registration by the city as an endorsement
or recommendation of the sale or solicitation.
(5) Solicit
for a purpose other than set out in the application upon which the
permit was issued.
(Ordinance O2004-01-02 adopted 1/6/04)
The provisions of this article do not apply to a public utility
company, or other person(s) engaged in canvassing as defined herein,
or any other person operating under a franchise agreement; however,
no person shall be permitted to engage in any conduct in violation
of Section 4.704.
(Ordinance O2004-01-02 adopted 1/6/04)
(a) It shall
be unlawful for any peddler to engage in the business of peddling
within the city between the hours of one half (1/2) hour before sunset
and 9:00 a.m. the following morning. There shall be no solicitations
on Sunday, New Years Day, Fourth of July, Memorial Day (observed),
Labor Day (observed), Thanksgiving, or Christmas Day.
(b) This
section does not apply if the solicitor is on the property by prior
invitation of the resident or occupant of the premises.
(Ordinance O2004-01-02 adopted 1/6/04)
(a) A person
may solicit in or upon the public right-of-way, except those areas
prohibited in this article, provided such person has obtained a permit
or is a member of an organization that has obtained a permit.
(b) Solicitation
in the public right-of-way shall be conducted only during the hours
from 9:00 a.m. to one half (1/2) hour before sunset as prescribed
in Section 4.704, Hours of Operation.
(c) It shall
be unlawful for a person younger than eighteen (18) years of age to
solicit in the public right-of-way.
(d) 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.
(e) 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 from the nearest property line of the public or private elementary
or secondary school.
(f) Persons
conducting solicitations shall, at all times during which solicitations
are being conducted, wear a traffic safety vest.
(Ordinance O2004-01-02 adopted 1/6/04)
It shall be unlawful for any person to solicit, at any time,
in the public rights-of-way, within one thousand (1,000) feet of the
following intersections:
(1) SH 22
and SH 171 (Corsicana Highway, Waco Street and Elm Street) at its
intersection with:
(A) IH35
- East Frontage Road.
(B) IH35
- West Frontage Road.
(E) SH
81 (Waco Street) (F) Walnut Street.
(2) FM 286
and Old Brandon Road at their intersections with:
(A) IH35
- East Frontage Road.
(B) IH35
- West Frontage Road.
(3) East
Franklin Street at its intersection with:
(4) Church
Street at its intersection with:
(B) E.
Elm Street.
Or any other interstate highway, state highway or farm to market
road in the city.
|
(Ordinance O2004-01-02 adopted 1/6/04)
It shall be unlawful for any person to paste, stick, or place
any advertisement, handbill, placard, printed, pictures or written
matter or any device for advertising purposes upon any fence, railing,
sidewalk, telephone, electric light or public utility pole, or other
public property, or to knowingly permit the same to be done.
(Ordinance O2004-01-02 adopted 1/6/04)
(a) No person,
directly or through an agent, shall solicit in person from house to
house in the city to sell or attempt to sell goods, merchandise, wares,
services, or anything of value or to take or attempt to take orders
for the future delivery of goods, merchandise, wares, or any personal
property of any nature whatsoever or take or attempt to take orders
for services to be furnished or performed in the future, without first
having obtained a written permit or to solicit funds for charitable
purposes without first having registered with the city.
(b) It shall
be unlawful for any person to engage in business as an itinerant vendor,
peddler or solicitor within this city without first obtaining a permit
to do so.
(Ordinance O2004-01-02 adopted 1/6/04)
(a) The
application for a permit for a peddler or itinerant vendor required
by the provisions of this article shall state or contain the following:
(1) A
statement as to whether or not the applicant has been convicted of
any crime, misdemeanor or violation of any state or federal law or
municipal article or code; the nature of the offense; the punishment
or penalty assessed therefor, if previously convicted; and the place
of conviction.
(2) Whether
the applicant, upon any sale or order, shall demand, accept or receive
payment or deposit of money in advance of final delivery.
(3) The
period of time the applicant wishes to engage in business within this
city.
(4) The
local and permanent address of the applicant.
(5) The
local and permanent address and the name of the person, if any, that
the applicant represents.
(6) The
kind of goods, wares, merchandise or services in which the applicant
wishes to engage in such business within the city.
(7) The
last five (5) cities or towns wherein the applicant has worked before
coming to this city.
(8) Such
other relevant information as may be required for the investigation
of the applicant.
(b) A person
who desires to distribute handbills or solicit within the city shall
make written application with the city’s police department on
a form provided by the city. Such application shall contain at a minimum
the following:
(1) The
full and legally recognized names and any associated aliases, logos,
nicknames, and abbreviated names of the entity or person applying
for the permit;
(2) If
the purpose of the solicitation is for the distribution of handbills,
the name of the handbill distributor and handbill sponsor;
(3) Whether
the person applying is an individual, partnership, corporation or
association, and:
(A) The business or residence address and telephone number of the applicant;
(B) If a partnership, the names of all partners and the principal business
address and telephone number of each partner;
(C) If a corporation, the person applying shall state whether it is organized
under the laws of this state or is a foreign corporation, and must
include the mailing address, business address, telephone number, name
of the individual in charge of such corporation, and, if a foreign
corporation, the place of incorporation;
(D) If an association, the application shall state the association’s
principal business address and telephone number, if any, and shall
state the names and principal business or residence addresses and
telephone numbers of all members of the association unless in excess
of ten (10) members, in which event the application shall so state
and the application must contain the name and principal business or
residence addresses and telephone numbers of the officers and directors
or trustees of the association. If the association is a part of a
multi-state organization or association, the application shall state
the mailing address and business address of its central office, in
addition to the mailing address and business address of the local
office.
(4) The
names, mailing address and telephone number of all individuals who
will be in direct charge or control of the solicitation;
(5) The
time period and dates during which the solicitation is to be made
the date of the commencement of solicitation and its projected conclusion,
and how often the applicant will solicit during the year;
(6) A
description of the methods and means by which the solicitation is
to be accomplished;
(7) The
nature of merchandise to be sold or offered for sale, or the nature
of the services to be furnished;
(8) Whether
such applicant, upon any such order so obtained, will demand, accept
or receive payment or deposit of money in advance of final delivery;
(9) A
statement to the effect that if a permit is granted, such permit will
not be used as or represented to be an endorsement by the city or
any of its officers or employees;
(10) Any other information which the city deems necessary for the administration
of this article.
(c) The
application must be signed by the applicant, if the person applying
is an individual; or the applicant is a partnership, by the partner
charged with disbursing funds solicited; if a corporation or an association,
by the officer charged with disbursement of the funds solicited. The
individual signing the application shall sign the application and
swear before an officer authorized to administer oaths that such person
has carefully read the application and that all the information contained
therein is true and correct.
(d) The
application information provided by applicant will be subject to verification
by the police department.
(e) The
application shall also contain satisfactory written proof of the individual’s
authority to represent the applicant.
(f) The
application must be accompanied by a copy of a valid state sales tax
certificate, if applicable.
(g) The
application shall be accompanied by the nonrefundable permit fee.
No permit shall be issued until such fee has been paid by the applicant.
(Ordinance O2004-01-02 adopted 1/6/04)
At the time of filing of an application for a permit required
by this article, the applicant shall present his drivers license or
state issued identification card to the chief of police.
(Ordinance O2004-01-02 adopted 1/6/04)
It shall be unlawful for any person to give any false or misleading
information in connection with his application for a permit or registration
certificate with the city.
(Ordinance O2004-01-02 adopted 1/6/04)
At the time of making application for a permit required by this
article, the applicant shall submit to fingerprinting and photographing
by the chief of police.
(Ordinance O2004-01-02 adopted 1/6/04)
Before any permit shall be issued under the provisions of this
article, the applicant therefore shall pay a fee as set by the city
council and on file in the office of the city secretary.
(Ordinance O2004-01-02 adopted 1/6/04)
A permit fee shall not be required of:
(1) Duly
authorized, nonprofit charitable organizations, that are registered
as such with the Secretary of State for the State of Texas;
(2) Ordinary
commercial travelers who sell or exhibit for sale goods, wares or
merchandise to persons selling and dealing in the same within the
city;
(3) Persons
offering for sale agricultural products, meats, poultry, or other
articles of food grown or produced by such persons; or
(4) Individuals
operating under a license granted by this state.
(Ordinance O2004-01-02 adopted 1/6/04)
The application for a permit required by the provisions of this
article shall be accompanied by a bond in the penal sum of one thousand
dollars ($1,000.00) signed by the applicant and signed, as surety,
by some surety company authorized to do business in this state, payable
to the city; conditioned for the final delivery of goods, wares, merchandise
or services in accordance with the terms of any order obtained prior
to delivery and also conditioned to indemnify any and all purchasers
or customers for any and all defects in material or workmanship that
may exist in the article sold by the principal of such bond, at the
time of delivery, and that may be discovered by such purchaser or
customer within thirty (30) days after delivery, and which bond shall
be for the use and benefit of all persons that may make any purchase
or give any order to the principal on such bond, or to an agent or
employee of such principal.
(Ordinance O2004-01-02 adopted 1/6/04)
Before any permit shall issue under this article, there shall
also be filed with the city secretary an instrument writing, signed
by the applicant under oath, nominating and appointing the city secretary
his true and lawful agent with full power and authority to acknowledge
service of notice of process for and on behalf of such applicant,
and service of summons in any action brought upon the applicant’s
bond shall be deemed made when served on the city secretary.
(Ordinance O2004-01-02 adopted 1/6/04)
No permit shall be issued under the provisions of this article
until the applicant shall have complied with all the provisions and
requirements of this article.
(Ordinance O2004-01-02 adopted 1/6/04)
(a) No peddler
or solicitor’s permit shall be issued to a corporation, partnership
or other impersonal legal entity, but each individual person engaging
in the business of peddling or soliciting within the city shall be
required to have a permit whether acting for himself or as an agent
or representative of another.
(b) A permit
or registration issued under the provisions of this article shall
not be assigned or transferred to any person, corporation, association,
or other entity. Any attempt to assign or transfer a permit or registration
issued by the city shall be cause for revocation.
(Ordinance O2004-01-02 adopted 1/6/04)
Each permit issued under the provisions of this article shall
be signed by the appropriate authority, shall be dated as of the date
of its issuance, and shall state the duration or term of such permit
on the face thereof. Any permit not dated and signed as herein provided,
or which was issued in violation of this section shall be void.
(Ordinance O2004-01-02 adopted 1/6/04)
Every itinerant vendor, peddler or solicitor having a permit
issued under the provisions of this article and doing business within
the city shall display his permit upon the request of any person and
failure to do so shall be deemed a misdemeanor.
(Ordinance O2004-01-02 adopted 1/6/04)
Every permit issued under the provisions of this article shall
be valid for the period of time stated therein, but in no event shall
any such permit be issued for a period of time in excess of thirty
(30) days.
(Ordinance O2004-01-02 adopted 1/6/04)
(a) Failure
to comply with any of the provisions of this article shall constitute
grounds for revocation of any permit or registration issued in accordance
with the provisions of this article. Written notice of revocation
shall be given to the person by registered or certified mail.
(b) Any
person whose application for a permit or registration has been denied
or whose registration or permit is revoked may appeal such action
to the city manager, or designee, by submitting a written request
to the city manager’s office within ten working days after denial
or revocation as the case may be. A hearing shall be held within 15
working days after the date of the receipt of the notice of appeal.
The city manager or designee shall render a decision within one day
of the hearing. The decision of the city manager or designee shall
be final.
(Ordinance O2004-01-02 adopted 1/6/04)