The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Aggressive manner:
(1) 
Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person’s consent;
(2) 
Following the person being solicited, if that conduct is:
a. 
Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or
b. 
Intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
(3) 
Continuing to solicit a person within five feet of the person being solicited after the person has made a negative response;
(4) 
Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation;
(5) 
Using obscene or abusive language or gestures toward the person being solicited;
(6) 
Approaching the person being solicited in a manner that:
a. 
Is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or
b. 
Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
Automated teller facility.
The area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers.
Automated teller machine.
A device, linked to a bank’s account records, which is able to carry out banking transactions.
Bank.
A bank, savings bank, savings and loan association, credit union, trust company, or similar financial institution.
Bus.
A vehicle operated by a transit authority for public transportation.
Check cashing business.
A person in the business of cashing checks, drafts, or money orders for consideration.
Public area.
An outdoor area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, transport facility, or shop.
Solicit.
To request, by the spoken, written, or printed word, or by other means of communication an immediate or future donation or transfer of money or another thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value, and regardless of whether consideration is offered. This definition does not include a demand for payment for services rendered or goods delivered.
Solicitor.
Any individual, firm or corporation who, either by telephone or in person:
(1) 
Attempts to sell or take orders for the sale of goods, wares, services, merchandise or personal property, including tickets for shows and books of coupons which may be traded in for goods or services, for immediate or future delivery; or
(2) 
Collects or attempts to collect money, property or any item of value.
(1966 Code, sec. 8-1; 2001 Code, sec. 26-61; Ordinance 94-2006, sec. 1, adopted 12/5/06; Ordinance 21-2016, sec. 1, adopted 7/19/16)
Section 26-93, section 26-98, and the fee requirement in section 26-94 shall not apply to sales or solicitations by members of any organization established for an educational, religious, or charitable function, but the organization must obtain a permit.
(1966 Code, sec. 8-14; 2001 Code, sec. 26-62; Ordinance 94-2006, sec. 1, adopted 12/5/06)
It shall be unlawful for any solicitor, who is selling or offering for sale goods, services, wares or merchandise from an automobile or other type of vehicle, to take a stand or stop or stand his vehicle on any public street or public right-of-way within the city for longer than ten minutes.
(1966 Code, sec. 8-3; 2001 Code, sec. 26-63; Ordinance 94-2006, sec. 1, adopted 12/5/06)
Within 300 feet of an intersection controlled by a traffic control signal that emits colored lights, as recognized by the Texas Transportation Commission, no person under the age of 16 shall be upon or go upon any street or roadway or shall be upon or go upon any shoulder of any street or roadway, nor shall any person be upon or go upon any median of any street or roadway for the purpose of soliciting any item of value, selling or distributing any material to any occupant of any motor vehicle, or advertising any good or service.
(2001 Code, sec. 26-64)
Every person who goes upon any street or roadway, or upon any shoulder of any street or roadway, or upon any median of any street or roadway for the purpose of soliciting any item of value, selling or distributing any material to any occupant of any motor vehicle, or advertising any good or service, shall wear an ANSI 107-2204 Type 2 or Type 3 safety vest.
(2001 Code, sec. 26-65; Ordinance 94-2006, sec. 1, adopted 12/5/06; Ordinance 27-2008, sec. 1, adopted 5/6/08)
A person commits an offense if the person solicits:
(a) 
In an aggressive manner in a public area;
(b) 
In a bus, at a bus station or stop, or at a facility operated by a transportation authority for passengers;
(c) 
Within 25 feet of:
(1) 
An automated teller facility;
(2) 
The entrance or exit of a bank; or
(3) 
The entrance or exit of a check cashing business; or
(d) 
At a marked crosswalk;
(e) 
On either side of the street on a block where a school attended by minors or a child-care facility has an entrance or exit; or,
(f) 
The patio area of a bar or restaurant.
(Ordinance 21-2016, sec. 2, adopted 7/19/16)