For the purposes of this chapter, the following definitions
apply unless the context clearly indicates or requires a different
meaning. Terms not defined in this section are construed in accordance
with customary usage.
Intentionally or recklessly making any physical contact with
or touching another person in the course of the solicitation without
the person’s consent;
Following the person being solicited, if that conduct is:
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
Intended to or reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation;
Continuing to solicit a person within five feet of the person
being solicited after the person has made a negative response;
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;
Using obscene or abusive language or gestures toward the person
being solicited;
Approaching the person being solicited in a manner that is:
A high capacity urban road, of at a minimum of four (4) lanes,
that intersects at some point with an interstate highway, state highway
or farm-to-market road.
A device, linked to a bank’s account records, which
is able to carry out banking transactions.
The area comprised of one or more automatic teller machines,
and any adjacent space that is made available to banking customers.
Includes a bank, savings bank, savings and loan association,
credit union, trust company, or similar financial institution.
A person in the business of cashing checks, drafts, or money
orders for consideration.
The City Manager of the city or any individual employed by
such department that he designates to perform any of his functions
specified in this chapter.
A natural person.
An individual who has not attained the age of 18.
Any person who engages in commercial activities within city
limits by carrying goods or merchandise and selling or offering for
sale for immediate delivery such goods or merchandise from house-to-house,
business-to-business, or upon public property. Peddler also includes
a person who distributes handbills or flyers for a commercial purpose,
advertising an event, activity, good or service that is offered for
subsequent purchase, donation, or delivery. Peddle means to conduct
any of the above described activities.
Includes any natural person, firm, partnership, corporation
or association.
The police department of the City of Pflugerville.
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.
The area including the road, median, shoulder or easement
from property line to property line alongside the road.
To request, by the spoken, written, or printed word, or by
other means of communication an immediate donation or transfer of
money or another thing of value from another person for philanthropic,
religious or other nonprofit objectives, including the benefit of
poor, needy, sick, refugee or handicapped 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 civil organization, or the benefit
of any educational institution or individual. Soliciting does not
include activities to the benefit of any political group or political
organization that is subject to financial disclosure under state or
federal law. Solicitor means any person who conducts any of the above
described activities.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
Solicitation or peddling in and upon the premises of a private
residence or commercial establishment in the city, for the purpose
of soliciting or peddling, whenever the premises are posted with a
sign containing the phrase “no solicitation,” or some
similar sign [is prohibite].
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
A person commits an offense if the person solicits or peddles:
(A)
Without
a permit as required by this chapter;
(B)
In
violation of any provision of this chapter;
(C)
After
the expiration of a permit as required by this chapter;
(D)
To
solicit for a purpose other than the purpose identified in the permit
issued to a person;
(E)
To
allow a minor to solicit funds on a public roadway;
(F)
In
an aggressive manner in a public area, residence or business;
(H)
At
a marked crosswalk;
(I)
At
a sidewalk café or the patio area of a bar or restaurant;
(J)
In
the central business district of the city, as defined in chapter 155
[sic] of this code, between 7:00 p.m. and 7:00 a.m.; or
(K)
Upon
or within the public right-of-way of an interstate highway, state
highway, farm-to-market road or any arterial roadway.
(M)
This
chapter is not intended to proscribe a demand for payment for services
rendered or goods delivered.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
Any person that makes a false or misleading representation in
the course of solicitation violates this chapter. False or misleading
representations include, but are not limited to, the following:
(A)
Stating
that the solicitation of funds is being carried out on behalf of an
organization that does not exist.
(B)
Stating
that the solicitor represents an organization when such statement
is false.
(C)
Exhibiting
military, medical, or religious order uniform or other indication
of military service or membership in a medical profession or religious
order when the person soliciting funds is neither a present nor former
member of the service indicated or a member of a medical profession
or religious order, unless the person is soliciting funds on behalf
of the military branch, medical profession or religious order indicated
in the statement.
(D)
Exhibiting
an indication of physical disability or using makeup or a device to
stimulate any deformity or disability, when the person soliciting
funds does not suffer the deformity or disability indicated.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
No peddler or solicitor may operate on the residence of another
person or the public rights-of-way in the city limits of the city
between the hours of 9:00 p.m. and 8:00 a.m.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
Every peddler or solicitor must obtain a permit from the city
manager before peddling or soliciting and it is the duty of the police
department to make an investigation of all persons requesting such
a permit to determine their authority for making such sales and taking
such orders and before issuing such permit must determine that they
actually represent the parties they claim to represent and that they
are actual bona fide representatives of a reliable concern. In order
to make such determinations concerning whether an individual actually
represents the party they claim to, each peddler or solicitor must
present a valid state photo identification card, operators license
or company photo identification card to the police department in order
to receive a permit. A representative of an organization who wishes
to solicit to private residences, businesses or on public roadways
must also present a valid state photo identification card, operators
license or organization photo identification card.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
Any person who seeks to solicit within the corporate limits
of the city must file with the police department a permit, on forms
provided by the police department, containing the following:
(A)
The
name of the person registering to solicit.
(B)
Whether
the person registering is an individual, partnership, corporation
or association, and:
(1)
If an individual, his or her business or residence address and telephone
number.
(2)
If a partnership, the names of all partners and the principal business
address and telephone number of each partner.
(3)
If a corporation, whether it is organized under the laws of the state
or is a foreign corporation, the mailing address, business location,
telephone number, and name of the individual in charge of the Pflugerville
office of the corporation.
(4)
If an association, the association’s principal business address
and telephone number, if any, and the names and principal business
or residence addresses and telephone numbers of five members and two
officers of the association. If the association is part of a multi-state
organization or association, the mailing address and business location
of its principal headquarters must be given, in addition to the mailing
address and business location of its local office.
(C)
A brief
description of the purpose for which the funds are to be solicited
and the intended use of the funds toward that purpose.
(D)
The
time period within which the solicitation is to be made, giving the
date of the beginning of solicitation and its projected conclusion.
(E)
A description
of the means and methods by which the solicitation is to be accomplished,
including whether such means and methods will include any solicitation
of occupants of vehicles on public streets.
(F)
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.
(G)
As
to each, if any, officer, director, trustee, partner, or any current
agent or employee engaging in the solicitation of funds who within
the past seven years has been convicted of (or been incarcerated for
any conviction of) a felony or a misdemeanor involving moral turpitude,
the name of the individual, the nature of the offense, the name of
the state where the conviction occurred, and the year of the conviction.
(H)
An
explanation of the reasons, if the person registering is unable to
provide any of the foregoing information, why such information is
not available.
(I)
The
signature of an individual on behalf of the person registering. If
the person registering is an individual, this is the applicant. If
the person registering is a partnership, this is the partner charged
with disbursing the funds solicited. If the person registering is
a corporation or an association, this is its officer charged with
disbursing the funds solicited. The individual signing the permit
must sign the statement and swear before an officer authorized to
administer oaths that he or she has carefully read the permit and
that all the information contained therein is true and correct.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
Every request for a permit to peddle or solicit must be accompanied
by a registration fee of $35.00 from each organization, company, entity
or business to compensate the city for the cost of administering this
chapter. Such fee will be nonrefundable, irrespective of whether a
permit is issued.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
A request for a permit to peddle or a permit to solicit must be filed not later than the eleventh day before the date the solicitation or peddling is to begin. Within five working days of the receipt of the application for a permit, the police department will either issue a permit, as provided in section 111.07 or notify the person registering that the application does not comply with the requirements of section 111.07 and specifically point out what information or explanation has not been furnished that is required before a permit can be issued. An applicant for a permit may appeal the denial of a permit to the city manager within ten days to the city council which will conduct a hearing at a time and place designated for the purpose of determining whether or not there was good cause for such revocation.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
The police department will prescribe the form of each permit,
each of which will be printed in black except that the following will
be printed prominently thereon in red: “The issuance of this
permit is not an endorsement by the City of Pflugerville or any of
its departments, officers or employees.” Each permit must specify
the period of its validity and bear a registration number.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
Each peddler or solicitor will carry his or her permit at all
times while engaging in business in the city. Upon request or demand,
the peddler or solicitor must display his or her permit bearing his
or her name. The peddler or solicitor must exhibit the permit to indicate
compliance with all of the relevant requirements of this chapter.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
A permit issued under the provisions of this chapter is not
transferable, and the authority a permit confers is conferred only
to the holder named therein. The permit will have endorsed thereon
in red letters the words “NOT TRANSFERABLE.”
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
Any permit issued pursuant to the above section is subject to
revocation upon discovery of any false or misleading statements contained
in the application, or for failure of the applicant to fulfill obligations
which he incurs to purchasers or potential purchasers, or for other
good cause. Upon revocation of such permits the permit holder may
appeal such revocation within ten days to the city manager who will
conduct an investigation at a time and place designated for the purpose
of determining whether or not there was good cause for such revocation.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
Each permit issued by the police department expires not later
than one year from the date of issuance, or upon the termination of
the solicitation or peddling period specified, whichever is less.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
All permits to peddle and solicitation permits filed with the
police department, whether or not a permit has been issued, are public
records and must be available for inspection by members of the public
during the regular business hours of the central records department
of the city’s police department. Copies may be obtained at the
fees prescribed by law for copies of city records.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
The following are excepted from the operation of this chapter:
(A)
Solicitation
by any organization or association from its members;
(B)
Solicitation
by a person when such solicitation occurs on premises owned or controlled
by the person soliciting or with the permission of the person who
owns or controls the premises;
(C)
The
issuance of any announcement or advertisement which states that a
solicitation as described in subsections (1) and (2) above will occur
or which announces or advertises an event at which unannounced solicitation
as described in subsections (1) and (2) above occurs;
(D)
Exemptions
specifically granted by the city manager.
(E)
The
temporary selling of lemonade or other nonalcoholic beverages from
a stand on private property with permission of the property owner
by an individual younger than 18 years of age.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
Any person violating the provisions of this chapter is guilty
of a class C misdemeanor and upon conviction will be fined not more
than $500.00.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
The provisions of this chapter are cumulative of any other valid
and applicable laws, rules, or regulations governing solicitation
or any activity which may be associated therewith. Compliance with
this chapter does not excuse compliance with any other valid and applicable
laws, rules or regulations governing the solicitation or any activity
which may be associated therewith.
(Ordinance 324-90-09-11, passed 9-11-90; Am. Ordinance 725-03-11-25, passed 11-25-03; Ordinance
858-07-01-23, passed 1-23-07; Ordinance 1415-19-11-12, passed 11-12-19)
