For the purpose of this article, the following terms shall have
the following meanings:
A person who attempts to make personal contact with a resident
at his or 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, 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, 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 structure.
A person who attempts to make personal contact with a resident
at his or 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 person is a “solicitor.”
Any individual, firm, association, partnership, company,
society, corporation, group, or entity of any nature.
A person who attempts to make personal contact with a resident
at his or 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, charitable,
fraternal, political, or religious purpose, even if incidental to
such purpose there is a sale of some good or service; or
Distributing a handbill or flyer advertising a commercial event
or service.
(Ordinance 83-78, sec. 1, adopted 8/9/83; 1957 Code, sec. 14-1; Ordinance 2014-36, sec. 1, adopted 7/8/14; Ordinance 2016-47, sec. 1, adopted 11/8/16)
Any person who violates or fails to comply with the provisions
of any section of this article shall be guilty of a misdemeanor and
upon conviction shall be punishable by a fine not exceeding five hundred
dollars ($500.00).
(Ordinance 83-78, sec. 1, adopted 8/9/83; Ordinance 98-35, sec. 1, adopted 5/26/98; 1957
Code, sec. 14-16)
The provisions of this article concerning permit requirements
shall not apply to persons who come within any of the following classifications:
(1)
Peddlers
selling to or soliciting orders from retail business houses only;
(2)
Peddlers
going to a house or place at the express invitation of the owner or
occupant of such house or place;
(3)
Persons
engaged in a business or activity which the state or federal government
has exclusive authority to regulate;
(4)
Persons
distributing or selling newspapers, pamphlets, handbills or other
written or printed matter sold or distributed for the purpose of disseminating
news, information or religious materials;
(5)
Persons
living in the city who hold “garage sales,” which consist
of the sale of used domestic merchandise, for two (2) days’
or less duration, no more than twice a year;
(6)
Public
schools or other governmental entities;
(7)
Persons
who sell, trade, or barter on any property that has been approved
by specific use permit under the city zoning ordinance for “sales
space contracting.”
(Ordinance 83-78, sec. 1, adopted 8/9/83; Ordinance 83-82, sec. 4, adopted 8/23/83; 1957
Code, sec. 14-2; Ordinance 2016-47, sec. 2, adopted 11/8/16)
It shall be unlawful for any person to sell or solicit for the
sale of any merchandise upon or within any public street, alley or
sidewalk unless pursuant to a valid current permit issued by the city
and in compliance with all other laws of the city, state and federal
government, if applicable. This section shall not prohibit a merchant
from utilizing the sidewalks abutting his place of business for the
temporary display of merchandise, provided such display does not unreasonably
interfere with automobile or pedestrian traffic.
(Ordinance 83-78, sec. 1, adopted 8/9/83; Ordinance 90-07, sec. 3, adopted 1/23/90; 1957
Code, sec. 14-13)
(a)
Any
peddler, itinerant vendor, solicitor, canvasser, or mobile street
vendor who enters upon property owned, leased, or controlled by another
and willfully refuses to leave said property after having been notified
by such owner or possessor of said property, or his agent, to leave
such property, shall be guilty of a misdemeanor.
(b)
Any
peddler, itinerant vendor, solicitor, canvasser, or mobile street
vendor who enters upon any private property where the property has
clearly posted in the front yard, a sign visible from the right-of-way
(public or private), indicating a prohibition against peddling, soliciting,
and/or canvassing shall be guilty of a misdemeanor. Such sign need
not exceed one square foot in size and may contain words such as,
or similar to, “no soliciting” or “no solicitors”
in letters of at least two inches in height.
(c)
Any
peddler, itinerant vendor, solicitor, canvasser, or mobile street
vendor who remains upon any private property where a notice in the
form of a sign or sticker is placed upon any door or entrance way
leading into the residence or dwelling at which guests would normally
enter, which sign contains words such as, or similar to, “no
soliciting” or “no solicitors” and which is clearly
visible to the peddler, itinerant vendor, solicitor, canvasser, or
mobile street vendor shall be guilty of a misdemeanor.
(Ordinance 83-78, sec. 1, adopted 8/9/83; Ordinance 98-35, sec. 1, adopted 5/26/98; 1957
Code, sec. 14-14; Ordinance 2016-47, sec. 3, adopted 11/8/16)
(a)
No peddler
itinerant vendor, solicitor, or canvasser required to obtain a permit
under this article shall commence operation and go from place-to-place,
or door-to-door, without prior invitation or appointment with the
occupant of the premises, before 8:00 a.m., or after 8:00 p.m., on
any day. A violation of this section shall be a misdemeanor offense.
(b)
No mobile
street vendor shall be in operation, doing business, or going from
place-to-place at nighttime or before 9:00 a.m. or after 8:00 p.m.
For purposes of this section, “nighttime” shall mean the
time between sunset and sunrise. Sunrise and sunset shall be as specified
by the weather bureau. A violation of this section shall be a misdemeanor
offense.
(Ordinance 83-78, sec. 1, adopted 8/9/83, 1957 Code, sec. 14-15; Ordinance 2015-04A, sec. 3, adopted 2/10/15; Ordinance 2016-47, sec. 4, adopted 11/8/16)
(a)
Applicability.
The special provisions set forth in this section shall apply
to mobile street vendors and operators as herein defined and shall
supersede any conflicting provisions found elsewhere in the city code.
(b)
Mobile street vendor.
Motor vehicle.
Operator.
Vend or vending.
Definitions.
The listed words shall be defined as follows:
Persons that offer food or drink for sale from a motor vehicle
on the city streets.
Every motor vehicle used to vend food or drink on city streets.
Any person, firm or corporation who owns, leases, contracts
or in any other manner operates or permits a person to operate upon
the city streets any motor vehicles for the purpose of vending as
herein defined.
Offering food or drink for sale from a motor vehicle on the
city streets.
(c)
Special
requirements.
Mobile street vendors shall be required
to comply, and it shall be an offense not to comply, with the following
special requirements:
(1)
A
person shall vend only when the motor vehicle is lawfully stopped.
(2)
A
person shall vend only from the side of the motor vehicle away from
moving traffic and as near as possible to the curb or side of the
street.
(3)
A
person shall not vend to a person standing in the roadway.
(4)
A
person shall not stop on the left side of a one-way street to vend.
(5)
Display
on the rear and front of the vehicle a sign with a white background
and red letters (in block form that are uniform in size and three
(3) to five (5) inches in height) that provides the following warning:
“Warning: Watch for Child Near This Vehicle and Stop Before
Passing When Stop Arm Is Extended.”
(6)
A
person shall not stop in a congested area where vending might impede
or inconvenience the public.
(7)
A
person shall not vend in a street adjacent to a public school.
(8)
A person shall actuate the special flashing lights required by subsection (e)(4) whenever stopped on the street for the purpose of vending.
(9)
A
person shall not back up, do a U-turn or reverse a motor vehicle for
the purpose of vending.
(10)
A person shall not actuate the special flashing lights required by subsection (e)(4) if not stopped on the street for purpose of vending.
(11)
A person shall extend the required stop signal arm whenever stopped
on the street for the purpose of vending.
(12)
A person shall not extend the stop signal arm when the motor vehicle
is in motion nor at any time the truck is stopped for a purpose other
than vending.
(13)
A person shall not stop a motor vehicle for purposes of vending within
one hundred (100) feet of a street intersection.
(14)
No mobile street vendor shall be in operation, doing business, or
going from place to place at nighttime or before 9:00 a.m. or after
8:00 p.m. For purposes of this section, “nighttime” shall
mean the time between sunset and sunrise. Sunrise and sunset shall
be as specified by the weather bureau. A violation of this section
shall be a misdemeanor offense.
(d)
Conclusive
police judgment.
For purposes of this section, the judgment
of a police officer exercised in good faith shall be deemed conclusive
as to whether the area is congested or the public impeded or inconvenienced
or a stop is for a temporary or stationary period of time.
(e)
Operator
and vehicle requirements.
An operator shall comply with
the following requirements:
(1)
The
operator shall comply with all permitting requirements as a peddler
unless modified or amended by the provisions of this section.
(2)
No
permit shall be issued to an operator unless a certificate is furnished
to the city showing that the operator is carrying the following minimum
amounts of insurance: public liability insurance in an amount of not
less than three hundred thousand dollars ($300,000.00) for injuries,
including those resulting in death, resulting from any one (1) occurrence
and on account of any one (1) accident; property damage insurance
in an amount of not less than twenty-five thousand dollars ($25,000.00)
for damages on account of any one (1) accident or occurrence.
(3)
The
insurance certificates shall contain an agreement signed by the insurance
company that, prior to modification, cancellation or termination of
the subject policy, written notice shall be sent to the city by said
insurance company.
(4)
Install
on the motor vehicle signal lamps to be mounted at the same level
and as high and as widely spaced laterally as practicable. These lamps
shall be five (5) to seven (7) inches in diameter and shall display
two (2) alternately flashing yellow lights on the front of the vehicle
and two (2) alternately flashing red lights on the rear of the vehicle;
all lights shall be visible at five hundred (500) feet in normal sunlight
upon a straight level street.
(5)
Display
on the rear of the vehicle a sign that shall provide the following
warning: “Warning: Watch For Child Near This Vehicle.”
(6)
The
operator shall install on each motor vehicle to be used for vending
an octagonal stop signal arm that is eighteen (18) inches by eighteen
(18) inches and that can be extended horizontally from the left side
of the motor vehicle duplicating the design of a standard octagonal
stop sign as set forth in the state manual of uniform traffic-control
devices. This arm shall be red and white in color and contain two
(2) alternately flashing lights three (3) to five (5) inches in diameter
at the top and bottom thereof, visible at three hundred (300) feet
to the front and rear in normal sunlight upon a straight level street.
The color of the two (2) lights facing to the front shall be red,
and the two (2) lights facing to the rear shall be red. The bottom
of the signal arm shall be forty-two (42) inches above the highway.
(f)
Duty
of other drivers.
The driver of a vehicle meeting or
overtaking from either direction a mobile street vendor stopped on
the street shall stop no less than twenty-five (25) feet from the
front or rear of said mobile street vendor when the flashing lights
and stop signal arm described herein are in use. After stopping, a
driver may proceed past such mobile street vendor at a reasonable
and prudent speed not exceeding fifteen (15) miles per hour and shall
yield the right-of-way to any pedestrian who crosses the roadway to
or from the mobile street vendor. The driver of a vehicle on a street
with separate roadways separated by a divider of some nature need
not stop upon meeting or passing a mobile street vendor on the parallel
roadway.
(g)
Denial
or revocation of permit.
(1)
A peddler’s permit as provided for in this article shall be denied or revoked upon the failure of a motor vehicle used by a mobile street vendor to pass an inspection to be conducted by the police department to certify that the motor vehicle is in compliance with all provisions of this section. All vehicles shall be inspected within thirty (30) days after the adoption of this subsection and prior to the issuance of an original peddler’s permit as defined in section 4-6-9 of this article. An operator shall not use any motor vehicle that has not first been inspected by the police department and found to comply with all requirements in this section.
(Ordinance 90-07, sec. 1, adopted 1/23/90; Ordinance 90-53, sec. 2, adopted 8/14/90; Ordinance 98-35, sec. 1, adopted 5/26/98; 1957 Code, sec. 14-17)
(a)
Applicability.
The special provisions set forth herein shall apply to other
street vendors as herein defined and shall supersede any conflicting
provisions found elsewhere in the city code.
(b)
Definition.
“Other street vendors” means persons that go from place to place and offer food or drink for sale on the city streets by some means other than from a motor vehicle as defined in section 4-6-7.
(c)
Prohibited
acts.
Other street vendors shall be prohibited, and it
shall be an offense, for other street vendors to commit the following
actions:
(Ordinance 96-16, sec. 1, adopted 2/27/96; 1957 Code, sec. 14-18)
(a)
No person
shall act as a peddler, itinerant vendor, or solicitor within the
city without first obtaining the appropriate permit in accordance
with this section. A canvasser is not required to have a peddler permit
but any canvasser wanting a peddler permit for the purpose of reassuring
city residents of the canvasser’s good faith shall be issued
one upon request.
(b)
An itinerant
vendor may not use a tent, temporary building, or trailer, except
a portable sanitary facility to be used while the vendor is set up
at an event or a single axel trailer to be used only for the display
of goods or merchandise for sale. Any sunshade or umbrella must be
made of fabric and cannot exceed four (4) feet by four (4) feet in
dimension.
(c)
A permit
or license shall be issued for the operation of an itinerant vendor
business only in districts zoned light commercial.
(d)
Permit
fee:
(1)
Peddler:
One hundred twenty dollars ($120.00) per ninety (90) days; itinerant
vendor: thirty dollars ($30.00) per 10 days to compensate the city
for administering this article. The number of active itinerant vendor
permits issued at any time by the city shall be limited to thirty
(30) permits.
(2)
Solicitor,
including a commercial solicitor advertising an event, activity, good
or service for purchase at a location away from the residence: No
fee.
(3)
Canvasser:
No fee.
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The city will not require payment of this permit fee by charitable, educational, or religious organizations engaged in activities such as bake sales or carwashers. Door-to-door or stationary sales of goods with a set price or requested donation not to exceed twenty ($20.00) per unit must only comply with subsections (m)(1)–(5) (general prohibitions) of this section.
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(e)
Permit
duration.
A permit requested under this article will
issue for a minimum of five (5) days, but not to exceed ninety (90)
days for a peddler and ten (10) days for an itinerant vendor. Each
eligible property may only allow use of the property for a temporary
business for a maximum of forty-five (45) days per calendar year.
(g)
A person
or organization may apply for one or more peddler permit(s) by completing
an application form at the billing and collection department, during
regular office hours. The permit shall be issued promptly after application
but in all cases within twenty-four (24) business hours of completion
of an application, unless it is determined within that time that:
(1)
The
applicant has been convicted of a felony or a misdemeanor involving
moral turpitude within the past seven years;
(2)
With
respect to a particular license, a person for whom a permit card is
requested has been convicted of a felony or a misdemeanor involving
moral turpitude within the past seven years; or
(3)
Any
statement on the application is false, unless the applicant can demonstrate
that the falsehood was the result of excusable neglect.
(h)
All
initial applications for a peddler permit shall include:
(1)
Name
of applicant;
(2)
Permanent
address of applicant;
(3)
Number
of permits required;
(4)
A
driver’s license, passport, state identification card or other
U.S. Government identification card, containing the name, physical
description and a photograph of the person for each person requesting
a permit card;
(5)
The
motor vehicle make, model, year, and state license plate number of
any vehicle that will be used by each person for whom a peddler permit
card is requested;
(6)
If
for a peddler or itinerant vendor: The name and permanent address
of the business offering the event, activity, good or service and
the location where books and records of the business are kept and
which are available for city inspection to determine that all city
sales taxes have been paid;
(7)
A
copy of the vendor’s valid state sales tax certificate or proof
of tax exemption;
(8)
If
for an itinerant vendor, a copy of a lease or written, notarized permission
from the owner of the private property showing that the itinerant
vendor may use the property;
(9)
A
dimensional or scaled site plat indication the location of the display
area, curb cuts and parking area;
(10)
If the sale involves food products, the itinerant vendor must obtain
all of the necessary health department and city permits;
(11)
Nothing in this article shall prohibit persons from distributing
handbills, door-to door within the city without a permit. Nothing
in this article shall prohibit distributing religious materials or
ideas, political materials or ideas or circulating a petition door-to
door within the city without a city permit. Nothing in this article
shall prohibit a political candidate from going door-to-door within
the city without a permit.
(i)
Investigation.
(1)
During
the time following the application for a peddler or itinerant vendor
permit, the city shall forward each application or a copy thereof
to the police department to investigate as to the truth and accuracy
of the information contained in the application and the other requirements
of this article. Failure to procure a peddler permit does not prevent
a canvasser from canvassing residents of the city.
(2)
If
an itinerant vendor’s permit is requested, each application
or a copy thereof shall be referred to the city’s planning department
for investigation and approval of the proposed sales area with regard
to city zoning ordinances.
(j)
Denial,
revocation, or suspension of permit.
(1)
Grounds.
The following reasons shall constitute grounds
for denial, revocation, or suspension of a permit issued pursuant
to the provisions of this article:
(A)
Failure to file any required documents or paperwork;
(B)
Failure to pay the required fee when due;
(C)
Conviction of a crime that directly relates to the duties and responsibilities of the applicant as provided in section 4-1-1 of the city code and guidelines adopted by the city manager and on file for public inspection in the office of the city secretary;
(D)
Failure to comply with any applicable requirements set forth in this
article;
(E)
The applicant omits or falsely states a material fact in the application;
(F)
The applicant becomes disqualified for the issuance of a permit under
the terms of this chapter;
(G)
A violation of any of the provisions of this article; or
(H)
If applicable:
(i)
Failure to provide parking spaces, which need not be paved, sufficient
in number to accommodate the number of automobiles being reasonably
expected to be parked at any one time, taking into consideration the
type, size, and quantity of merchandise to be offered for sale, and
in addition to those parking spaces required under the zoning ordinance
for existing businesses;
(ii)
The use blocks access to a driveway; or
(iii)
Failure to provide adequate trash containers for the proposed
use. The trash containers need not be city trash containers.
(2)
Notice.
If the issuing officer denies, or upon completion
of an investigation, revokes the permit to one or more persons, he
shall immediately convey the decision to the applicant orally and
shall within seven (7) working days after the denial or revocation
prepare a written report of the reason for the denial or revocation
which shall immediately be made available to the applicant.
(3)
Appeal.
The vendor shall have ten (10) days from the date of revocation or denial in which to file a written notice of appeal to the city manager from the order denying or revoking the permit. An appeal from the decision of the city manager can be had following the procedures set out in section 1-2-5 of this city [code].
(k)
Display
of peddler permit.
Each peddler and itinerant vendor
permit shall be issued with a photo identification card to be issued
by the police department. Each permit shall be worn on the outer clothing
of the individual or otherwise displayed, as so to be reasonably visible
to any person who might be approached by the holder of the permit.
(l)
Revocation
of card by a municipal court judge.
A municipal court
judge, in addition to imposing a fine, may institute proceedings to
suspend or revoke the permit of a person if the person is required
by law to obtain a peddler or itinerant vendor permit from the city
and the judge finds the person guilty of violating a city ordinance
relating to peddlers.
(m)
General
prohibitions.
No peddler, itinerant vendor, solicitor,
or canvasser shall:
(1)
Enter
upon any private property where the property has clearly posted in
the front yard, a sign visible from the right-of-way (public or private),
indicating a prohibition against peddling, soliciting and or canvassing.
Such sign need not exceed one square foot in size and may contain
words such as “no soliciting” or “no solicitors”
in letters of at least two inches in height.
(2)
Remain
upon any private property where a notice in the form of a sign or
sticker is placed upon any door or entrance way leading into the residence
or dwelling at which guests would normally enter, which sign contains
the words “no soliciting” or “no solicitors”
and which is clearly visible to the peddler, solicitor, itinerant
vendor or canvasser.
(3)
Use
or attempt to use any entrance other than the front or main entrance
to the dwelling, or step from the sidewalk or indicated walkway (where
one exists) leading from the right-of-way to the front or main entrance,
except by express invitation of the resident or occupant of the property.
(4)
Remove
any yard sign, door or entrance sign that gives notice to such person
that the resident or occupant does not invite visitors.
(5)
Enter
upon the property of another except between the hours of 8:00 a.m.
and 8:00 p.m., except when the peddler, itinerant vendor, solicitor,
or canvasser has an express invitation from the resident or occupant
of a dwelling allowing him/her to enter upon any posted property.
(6)
Solicit
for a purpose other than the purpose set out in the application upon
which the permit was issued.
(7)
No
displays, wares or goods shall be displayed or offered for sale after
8:00 p.m.
(8)
Vendors
shall remove all signs, displays, goods and wares from each site at
or before 8:00 p.m.
(n)
Solicitation
in public right-of-way.
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.
(1)
A
person may conduct commercial solicitation in or upon the public right-of-way,
except those areas prohibited in this article, if the solicitor has
obtained a permit or who is a member of an organization that has obtained
a permit.
(2)
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.
(3)
It
shall be unlawful for a person younger than eighteen (18) years of
age to solicit in the public right-of-way.
(4)
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. The restriction on solicitation
in the traveled portion of the roadway does not apply to the public
residential streets.
(5)
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.
(6)
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 made from the nearest property line of the
public or private elementary or secondary school.
(o)
Violation.
Any person violating any part of this section or failing 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 shall be deemed as a separate offense.
(Ordinance 2014-36, sec. 2, adopted 7/8/14; Ordinance 2015-04A, sec. 1, adopted 2/10/15; Ordinance 2016-47, sec. 5, adopted 11/8/16; Ordinance 2020-36 adopted 10/27/20)
