For the purpose of this article, the following words as used
herein shall be considered to have the meaning herein ascribed thereto:
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident, for the primary purpose of:
Attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue, or candidate, including
presenting petitions for signature, even if incidental to such purpose
the canvasser accepts the donation of money for or against such cause;
or
Distributing a handbill or flyer advertising a noncommercial
event or service.
A 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 days or less; and, exists whether solicitation
is from a stand, vehicle, or freestanding.
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident, for the primary purpose of attempting to sell a
good or service. A “peddler” does not include a person
who distributes handbills or flyers for a commercial purpose, advertising
an event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or at a time different
from the time of visit. Such a person is a “solicitor.”
Includes every separate living unit occupied for residential
purposes by one or more persons, contained within any type of building
or structure.
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident, for the primary purpose of:
Attempting to obtain a donation to a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
charitable, political, or religious purpose, even if incidental to
such purpose there is the sale of some good or service; or
Distributing a handbill or flyer advertising a commercial event
or service.
(Ordinance 2018-12-17-02 adopted 12/21/18)
The BDS department shall maintain a list of addresses within
the city where visiting is not allowed (including their leasehold,
in the case of a tenant) by peddlers, solicitors and canvassers. The
BDS department shall provide a form to assist residents in expressing
their preferences regarding unsolicited visits. This “no visit”
list shall be a public document, and shall be reproduced on the city’s
web site and available for public inspection and copying. A copy of
the “no visit” list shall be provided to each applicant
for and each recipient of a license.
(Ordinance 2018-12-17-02 adopted 12/21/18)
(a)
Every
resident desiring to prohibit peddlers, solicitors, or canvassers
from entering upon their property to seek an audience with them shall
install a sign upon or near the main entrance door to the residence
indicating the determination by the occupant to not be disturbed by
peddlers, solicitors or canvassers, using phrases such as “NO
SOLICITORS INVITED.”
(b)
Such
sign so exhibited shall constitute sufficient notice to any peddler,
solicitor, or canvasser of the determination by the occupant of the
residence to prohibit peddling, soliciting, or canvassing activities.
(Ordinance 2018-12-17-02 adopted 12/21/18)
(a)
It
shall be the duty of every peddler, solicitor, and canvasser upon
going onto any premises in the city upon which a residence as herein
defined is located, to first examine the notice provided for in this
article, if any is attached, and be governed by the statement contained
on any notice. If the notice indicates that the residents do not wish
to be disturbed, then the peddler, solicitor, or canvasser, whether
registered or not, shall immediately and peacefully depart from the
premises and shall not leave any material, merchandise or literature
whatsoever on the premises.
(b)
Any
peddler, solicitor or canvasser on private property, or who has gained
entrance to any residence, whether invited or not, shall immediately
and peacefully depart from the premises when requested to do so by
the property owner or occupant.
(Ordinance 2018-12-17-02 adopted 12/21/18)
It is hereby declared to be unlawful and shall constitute a
nuisance for a peddler or solicitor to go upon any premises and ring
the doorbell upon or near any door, or to knock or otherwise create
any sound in any other manner calculated to attract the attention
of the occupant of such residence, for the purpose of securing an
audience with the occupant, in defiance of the notice exhibited at
the residence in accordance with the provisions of this article.
(Ordinance 2018-12-17-02 adopted 12/21/18)
It is hereby declared to be unlawful and shall constitute a
nuisance for any person, whether registered under this article or
not, to go upon any premises and ring the doorbell upon or near any
door of a residence located thereon, or rap or knock upon any door
or create any sound in any other manner calculated to attract the
attention of the occupant of such residence, for the purpose of securing
an audience with the occupant thereof prior to 9:00 a.m. or after
8:00 p.m. of any day, except when the peddler, solicitor, or canvasser
has an express invitation from the resident or occupant of a dwelling
allowing him/her to enter upon any property.
(Ordinance 2018-12-17-02 adopted 12/21/18)
In addition to the other regulations contained herein, a solicitor
or canvasser leaving handbills or commercial flyers in the city shall
observe the following regulations:
(1)
No
handbill or flyer shall be left at or attached to any sign, utility
pole, transit shelter or other structure within the public right-of-way.
(2)
No
handbill or flyer shall be left at or attached in any way to a vehicle.
(3)
Handbills
or flyers that are left on private property must be placed in such
a manner as to prevent such handbill or flyer from being blown about.
Mailboxes may not be used for such purpose.
(4)
No
handbill or flyer shall be placed at or attached to any privately
owned property in a manner that causes damage to such privately owned
property.
(Ordinance 2018-12-17-02 adopted 12/21/18)
(a)
A
person may solicit for a charitable or political purpose in or upon
the public right-of-way, except those areas prohibited in this article.
(b)
A
person may conduct solicitation in or upon the public right-of-way,
except those areas prohibited in this article, if the solicitor has
obtained a license or who is a member of an organization that has
obtained a license.
(c)
Solicitation
for any purpose in the public right-of-way shall be conducted only
during the hours of daylight, specifically one-half (1/2) hour after
sunrise and one-half (1/2) hour before sunset.
(d)
It
shall be unlawful for a person younger than eighteen (18) years of
age to solicit in the public right-of-way.
(e)
It
shall be unlawful for a solicitor at any time to enter or remain in
the traveled portion of the roadway unless the solicitor has been
granted authorization pursuant to section 552.0071 of chapter 552
of the Texas Transportation Code.
(f)
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.
(g)
It
shall be unlawful for a person to solicit in the public right-of-way
that is within 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 made
from the nearest property line of the public or private elementary
or secondary school.
(Ordinance 2018-12-17-02 adopted 12/21/18)
Due to safety concerns, it shall be unlawful for any person
to solicit or to distribute handbills at any time in the public rights-of-way,
with or without a license, along any portion of RR 620, SH 71, Main
Street, Birrell Street, Stewart Road, Clara Van Drive, Lakeway Boulevard,
Lakeway Drive, Lohmans Crossing Road, Rough Hollow Drive, Highlands
Boulevard, Serene Hills Drive, Flint Rock Road, Flintrock Trace, Aria
Drive or Dave Drive.
(Ordinance 2018-12-17-02 adopted 12/21/18)
The city council shall by resolution or ordinance set a fee
for the issuance of licenses of registration.
(Ordinance 2018-12-17-02 adopted 12/21/18)
Any person who violates any provision of this article or fails
to observe any provision of this article shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a fine
not exceeding five hundred dollars ($500.00). Every day the violation
continues and every occurrence or the doing of any act or thing prohibited,
or the neglect or refusal to do any act or thing required by this
article, shall constitute a separate offense. It shall not be necessary
for the complaint to allege or for proof to be made that the act was
knowingly done, nor shall it be necessary for the complaint to negate
any exception contained in this article concerning any prohibited
act, but any such exception made herein may be urged as defense by
any person charged by such complaint.
(Ordinance 2018-12-17-02 adopted 12/21/18)
The police department and building and development services
department are hereby authorized to enforce this article, including
but not limited to, the issuance of citations and the revocation of
licenses.
(Ordinance 2018-12-17-02 adopted 12/21/18)
No person shall act as a peddler, solicitor, or hawker within
the city without first obtaining a license in accordance with this
article. Canvassing activities do not require a license.
(Ordinance 2018-12-17-02 adopted 12/21/18)
(a)
This
article shall not apply to a federal, state or local government employee
or a public utility employee in the performance of his/her duty for
his/her employer.
(b)
This
article shall not apply to students who are enrolled in a Lake Travis
Independent School District school or a private school and are selling
or soliciting under the direction and with the approval of the governing
board of the school district or private school, provided such persons
are supervised by a person 18 years or older and provided they respect
the city’s “no visit” list.
(Ordinance 2018-12-17-02 adopted 12/21/18)
(a)
Any
person or organization may apply for one or more peddler licenses
by completing an application form at the building and development
services office, during regular office hours.
(b)
The
peddler license shall be issued promptly after application but in
all cases within twenty-four business hours of completion of an application,
unless it is determined within that time that:
(Ordinance 2018-12-17-02 adopted 12/21/18)
(a)
The
applicant (person or organization) shall provide the following information:
(1)
Name of applicant.
(2)
Number of peddler licenses required.
(3)
The name, physical description, and photograph of each person for
which a card is requested. In lieu of this information, a driver’s
license, state identification card, passport, or other government-issued
identification card (issued by a government within the United States)
containing this information may be provided, and a photocopy taken.
(4)
The permanent and (if any) local address of the applicant.
(5)
The permanent and (if any) local address of each person for whom
a license is requested.
(6)
A brief description of the proposed activity related to this peddler
license. (Copies of literature to be distributed may be substituted
for this description at the option of the applicant).
(7)
Date and place of birth for each person for whom a card is requested.
(8)
A list of all infraction, offense, misdemeanor and felony convictions
of each person for whom a license is requested for the seven years
immediately prior to the application.
(9)
The motor vehicle make, model, year, color, and state license plate
number of any vehicle which will be used by each person for whom a
card is requested.
(10)
If a license is requested for a peddler:
(A)
The name and permanent address of the business offering the event,
activity, good, or service (i.e., the peddler’s principal).
(B)
A copy of the principal’s sales tax license as issued by the
State of Texas, provided that no copy of a license shall be required
of any business which appears on the city’s annual report of
sales taxpayees as provided by the Texas Comptroller’s Office.
(C)
The location where books and records are kept of sales which occur
within the city and which are available for city inspection to determine
that all city sales taxes have been paid.
(11)
If a license is requested for a solicitor:
(12)
Any other information the applicant wishes to provide, perhaps including
copies of literature to be distributed, references to other municipalities
where similar activities have occurred, etc.
(b)
All
statements made by the applicant upon the application or in connection
therewith shall be under oath.
(c)
The
building and development services (BDS) department shall cause to
be kept in the city office an accurate record of every application
received and acted upon together with all other information and data
pertaining thereto and all licenses issued under the provisions of
this article, and of the denial of applications.
(d)
No
license shall be issued to any person:
(1)
Who has been convicted of the commission of a felony or a misdemeanor
involving moral turpitude under the laws of the state or any other
state or federal law of the United States;
(2)
Who has been convicted of a violation of any of the provisions of
this article; or
(3)
Who has had a license issued hereunder previously revoked as herein
provided.
(e)
During the time following the submission of an application for one or more licenses and its issuance, the city shall investigate as to the truth and accuracy of the information contained in the application. If the city has not completed this investigation within the 24 business hours provided in section 6.03.033, the identification card will nonetheless be issued, subject, however, to administrative revocation under section 6.03.038(a) upon completion of the investigation.
(Ordinance 2018-12-17-02 adopted 12/21/18)
The application 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 a surety company authorized to do business in
the state, conditioned for the final delivery of goods, wares, merchandise,
and 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 said bond at the
time of delivery, or 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, films, or corporations that may
make any purchase or give any order to the principal on said bond,
or to an agent or employee of the principal. Provided that, in case
the applicant is a person, firm, company, partnership, corporation
or association engaging in commercial solicitation through one or
more agents or employees, such persons, film, company, partnership,
corporation or association shall be required to enter into only one
bond, in the sum of five thousand dollars ($5,000.00) as above required,
which bond shall be made to cover the activities of all its agents
or employees up to a maximum of five agents or employees. The foregoing
notwithstanding, no bond shall be required of any nonprofit or charitable
organization.
(Ordinance 2018-12-17-02 adopted 12/21/18)
Each license shall be worn on the outer clothing of the individual
or otherwise displayed, so to be reasonably visible to any person
who might be approached by said person.
(Ordinance 2018-12-17-02 adopted 12/21/18)
Unless revoked, a license shall be valid within the meaning
of this article for a period of ninety (90) days from its date of
issuance, except that a license for an itinerant vendor or hawker
shall be valid for a period of forty-five (45) days from its date
of issuance. The license shall state the expiration date thereof.
(Ordinance 2018-12-17-02 adopted 12/21/18)
(a)
Grounds.
Any license issued hereunder shall be revoked
if the holder of the license violates any of the provisions of this
article, or has made a false material statement in the application,
or otherwise becomes disqualified for the issuance of a license under
the terms of this article.
(b)
Appeal.
The licensee shall have ten (10) days from the
date of revocation or denial in which to file notice of his appeal
to the board of adjustment from the order denying or revoking the
license. The applicant shall have at his option an appeal of the denial
of his application before the board of adjustment at its next regular
meeting. After holding the hearing of the revocation or denial, the
board of adjustment shall by majority vote either sustain the action
or issue an order reinstating the license. In the event of the filing
of an appeal from a revocation issued under the provisions of this
section, then, until such appeal has been determined by the board
of adjustment, such revocation order shall be stayed.
(Ordinance 2018-12-17-02 adopted 12/21/18)
