This article is and shall be deemed an exercise of the police powers of the state and of the town for the public safety, comfort, convenience, and protection of the town and the citizens thereof, and all of the provisions of this article shall be constructed for the accomplishment of that purpose.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.101)
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:
Charitable purpose.
The solicitation of money or property for the benefit of a charity, philanthropy, or nonprofit organization or for poor, underprivileged, needy, crippled, or handicapped persons; the teaching of patriotism or assistance to veterans or veterans’ organizations; or for existing educational institutions or for the establishment or endowment of educational institutions.
Consumer.
An individual who acquires real or personal property, services, money, or credit for personal, family, or household purposes.
Peddler, solicitor or person.
Any individual, firm, company, partnership, corporation, association, trust, society, religious sect, organization, league, or other entity, and includes any trustee, receiver, assignee, agent, or similar representative.
Religious organization.
An organization that is dedicated to the support of a church, religious society, or any other religious sect, group, or order.
Right-of-way.
The area between the edge of the street pavement and the adjacent owner’s property line.
Solicitation.
Conduct whereby a person, or their agent, member, or representative, solicits property, financial aid, money, or any article representing monetary value; or sells or offers to sell a product, article, service, publication, ticket, advertisement, or subscription. Solicitation shall include persons engaged in the delivery of handbills or circulars door-to-door for the solicitation of money, products, services, or other items of pecuniary value.
Street.
The portion of the street that is paved, designated, or used for vehicular traffic, and all areas dedicated to public use for public right-of-way purposes, which includes streets, bar ditches, medians, alleys, and public sidewalks.
Traffic island.
A barrier within a street or roadway to exclude vehicles, designated for the purpose of separating or directing streams of vehicular traffic.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.102)
Any person violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine not to exceed the sum of $500.00 for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. Allegation and evidence of a culpable mental state is not required for proof of any offense defined by this article.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.107)
(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 in the following places in the town:
(1) 
On any municipal or state-owned right-of-way; or
(2) 
Any residence which shall exhibit in a conspicuous place upon or near the main entrance to the residence [a sign] containing the words “No Solicitors.” The letters shall be not less than two-thirds of an inch in height and should be displayed on a weatherproof card not less than three inches by four inches in size.
(b) 
It shall be unlawful for any person to block or obstruct or hinder the free flow of traffic in the lawful use of the street or free passage of pedestrians in the lawful use of the sidewalk. No solicitations, sales, or distribution of merchandise, products, or service shall be offered or made to occupants of motor vehicles moving or stopped in traffic on a public street or alley.
(c) 
It shall be unlawful for a person engaged in solicitation to:
(1) 
Misrepresent the purpose of the solicitation;
(2) 
Misrepresent the affiliation of those engaged in the solicitation;
(3) 
Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor;
(4) 
Represent the issuance of any permit or registration under this article as an endorsement or recommendation of the solicitation;
(5) 
Go on property upon which the owner of the property or the person controlling the property has posted signs prohibiting solicitation or posted “No Trespassing” signs, or open a closed gate to enter the property;
(6) 
Remain on property after the property owner, or the property owner’s designee, representative or agent, has instructed the solicitor to leave.
(d) 
No solicitor, or person working on his or her behalf, shall shout, make an outcry, blow a horn or whistle, or use any sound device, including any sound-amplifying system, upon any of the streets, avenues, alleys, parks or other public places of the town, or otherwise be in violation of the town’s noise ordinance.
(e) 
No person shall engage in solicitation through the delivery of handbills or circulars by placing said handbills or circulars on motor vehicles, public utility posts, or other locations such that the same constitutes littering under V.T.C.A., Health and Safety Code chapter 365.
(f) 
It shall be unlawful for any person to use children 14 years of age or younger for solicitation activities, unless otherwise expressly permitted herein, unless such children are actively supervised by a parent, guardian or other adult person at least 18 years of age who is registered as provided herein. For purposes of this section, actively supervised means that the adult person shall be within 100 feet of all children 14 years of age or younger for whom the adult person is responsible at all times when the children are engaged in solicitation activities.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.104)
No person shall peddle, solicit, hawk, sell or take orders for or offer to take orders for any item or service at a private residence in the town after 7:00 p.m. on any day until 9:00 a.m., Monday through Saturday, unless the transaction is the result of a request made to such person by the occupant of such private residence. There shall be no solicitations on Sunday, or any observed state or federal holiday.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.105)
Consumers have a right to cancel a transaction under certain circumstances. Each consumer is encouraged to become familiar with the procedures for canceling a contract and the notice requirements as set forth in V.T.C.A., Business and Commerce Code, chapter 601, as it may be amended.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.106)
(a) 
It shall be unlawful, within any residentially zoned area, for any person to peddle, sell, solicit, canvass, or take orders for any services, wares, merchandise, or goods, or any article of value, including, but not limited to, plants, flowers, paintings, novelties, painting house numbers on streets, firewood, books, magazines, photographs, or any articles for future delivery, within the town or from door-to-door, without having first obtained a permit therefor from the town.
(b) 
Each person engaged in peddling or soliciting or selling as defined in section 4.03.002 must have a permit issued under the terms of this division, and such permit shall be personal to the applicant and shall not be reproduced nor assigned nor transferred to any other person. Any such attempted transfer or reproduction shall render the permit void.
(c) 
Each permit shall expire as of the date noted thereon, which date shall be in accordance with the provisions of this article, and such permit shall indicate the hours when peddling, solicitation and selling within the town is permitted in accordance with the provisions of this article.
(d) 
A permit shall not be issued to any person under 14 years of age.
(e) 
Solicitation shall be deemed completed when made, regardless of whether the person making the solicitation receives any contribution or makes any sale.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(a))
Each application for a permit required by this division shall be in writing, under oath, notarized, and shall set out the following:
(1) 
Legal name of the applicant, with his/her permanent residence;
(2) 
Name and address of the firm or persons he/she represents;
(3) 
Names and addresses of five persons as references, excluding relatives and persons living with the applicant;
(4) 
The names of any cities where the applicant has worked within the previous 90 days;
(5) 
Whether the applicant, or any solicitor listed in the application, has ever been convicted of or arrested for a felony or a misdemeanor;
(6) 
State driver’s license number or a state-issued identification card number of the applicant;
(7) 
The kind, type and character of goods or services he proposes to offer for sale, including the name brand, manufacturer and distributor of goods and commodities and the name, publisher and distributor of all books, magazines or periodicals to be offered for sale;
(8) 
How often the applicant will solicit during the permit period.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(b))
In addition, there shall be attached to each application for a permit the following:
(1) 
Two recent passport standard photos of the applicant’s face.
(2) 
A copy of a state driver’s license number or a state-issued identification card.
(3) 
A certificate or letter from the president, vice-president, general manager, sales manager, assistant sales manager or district or area manager of the company for which the applicant works, sells or solicits stating that the applicant is an employee and/or agent of such company.
(4) 
A reference to a recognized financial rating publication, which reference shall show the page on which the company’s or firm’s financial standing can be found; or a letter or a certificate from an association or organization which has as its purpose the protection of citizens of the United States against illegal or unsavory business practices stating that the firm or company is a member in good standing of such association or organization.
(5) 
In the event that the applicant is an individual who is not canvassing, selling or soliciting for any firm or company, letters of recommendation from two citizens of the applicant’s permanent residence shall be submitted.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(c))
The application [fee] shall be as provided for in the fee schedule in appendix A of this code.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(d))
It shall be the duty of the chief of police, or his/her authorized designee, to investigate each applicant, and all other persons listed on the application, to the extent allowed by law, before issuance of a permit, which investigation may include, but is not necessarily limited to, personal interviews with named individuals, criminal history checks, and verification of references and information contained within the application.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(e))
It shall be the duty of the chief of police or his/her authorized designee to issue or refuse to issue such permit not earlier than three days nor later than one week from the time the application is received. All the permits shall expire within ninety (90) days from the date of issuance. The chief of police or his/her authorized designee may refuse to grant a permit if he discovers, in the course of his investigation, that the applicant, or any solicitor, has committed fraud, has misrepresented, has been convicted of a felony or a misdemeanor involving moral turpitude, or has failed to furnish a complete application including all required attachments.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(f))
Each permit may be renewed once for an additional 90-day term. A renewal permit may be issued by submitting a completed renewal application to the town for review at least fifteen (15) days prior to the end of the original term. No renewal is available for any solicitor added during the renewal process. The renewal permit is subject to the same terms and conditions as the original application. The town shall have ten (10) days to approve or deny the application for renewal. The renewal permit shall expire within ninety (90) days from the end of the original term. At the end of the 180-day time period, the permit expires and a new permit must be reapplied for under the same terms and conditions as the original application and subject to the same fees.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(g))
It shall be unlawful for any person to sell or solicit in the town without displaying the required permit on his person, in plain view, while engaged in such soliciting or selling.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(h))
Every solicitor or peddler or seller shall identify himself as a salesman upon approaching a citizen in a public place or at a private dwelling and explain his purpose, whether it be direct sales, solicitation or orders of the demonstration of goods or merchandise, or any combination of purposes thereof.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(i))
The recipient of a permit or named applicant shall be responsible for the acts of his/her authorized representatives or solicitors listed in permit application in connection with solicitation activities. In this regard, the recipient of the permit shall actively supervise all persons listed in the permit application, which supervision shall include but not be limited to remaining within the corporate town limits during all solicitation activity and responding promptly (within ten minutes) to calls by town representatives relative to the solicitation activity, which may include responding to an on-site complaint from a citizen.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(j))
(a) 
If, after the permit required by this division has been issued, the chief of police, or his authorized designee, finds that the permit was obtained by false representation in the application, or the permit has been reproduced or transferred or assigned to another person or the applicant has led someone to believe the permit is an endorsement of the applicant’s product or service by the town, or in the event of fraud or misrepresentation by the permit holder, or in the event of conviction of the permit holder of a felony or a misdemeanor involving moral turpitude, or in the event the permit holder has failed to furnish the items required by this article, such permit may be revoked by the chief of police or his authorized designee.
(b) 
If a police officer has probable cause to believe that a solicitor has engaged in prohibited conduct as defined by this article, the officer may revoke the permit of the permit holder.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(k))
Should an applicant be denied a permit, or have a permit revoked, he/she may appeal that action to the town administrator by submitting a letter to the chief of police within ten (10) days to complain of that action. A hearing on the denial will then be scheduled by the town administrator within ten days of filing the appeal. The town administrator will render a decision on the appeal within ten days of such hearing. A decision of the town administrator shall be final and binding. No new application for a permit will be considered for six (6) months after denial or revocation, unless said denial or revocation is without prejudice or is conditional and the conditions have been satisfied as determined by the town administrator.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(l))
(a) 
The following persons engaged in the activities set out in subsections (1) through (3) below in the town shall notify, in writing, the chief of police or his/her authorized designee, by furnishing proof that he/she is actually engaged in such activity in the town, namely:
(1) 
Public utility companies or others operating under a franchise granted by the town;
(2) 
Insurance salesmen, real estate salesmen and others licensed by the state which are subject to financial disclosure under state or federal law;
(3) 
Children under the age of 14 may participate in such activities to the extent they are actively supervised by a parent or guardian.
(b) 
Religious, political, or nonprofit organizations and their representatives are exempt from the registration and permit requirements of this article. A donation received from the distribution of handbills or pamphlets does not affect this exemption.
(Ordinance 520-11 adopted 8/16/11; 2004 Code, sec. 4.103(m))