The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this article except where
the context clearly indicates a different meaning:
Business Day.
Means any calendar day except Saturday, Sunday or any state
or national holiday.
Charitable Purpose.
Means philanthropic, religious or other nonprofit objections,
including the benefit of poor, needy, sick, refugees or handicapped
person; 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 civic organization, or the
benefit of any educational institution. "Charitable purpose" shall
be construed to include the direct benefit of the individual making
the solicitation. "Charitable purpose" shall not be construed to include
the benefit of any political group or political organization which
is subject to financial disclosure under state or federal law.
Consumer.
Means an individual who seeks or acquires real or personal
property, services, money or credit for personal, family or household
purposes.
Goods.
Means property of every kind.
Handbill.
Means any printed matter, sample, or device, circular, flyer,
leaflet, pamphlet, paper, booklet, samples of merchandise, or any
advertising matter which is not delivered by the United States mail,
which is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for private benefit or gain.
Home Solicitation Transaction.
Means a consumer transaction for the purpose of goods, services
or realty, payable in installments or in cash, in which the merchant
engages in a personal solicitation of the sale to the consumer at
a residence, and the consumer's agreement or offer to purchase is
given at the residence to the merchant. A home solicitation shall
not include a sale made pursuant to a preexisting revolving charge
account or retail charge agreement; or a sale made pursuant to prior
negotiations between the parties that have business establishments
at a fixed location where goods or services are offered or exhibited
for sale; or a sale of realty in which transaction the purchaser is
represented by a licensed attorney or in which the transaction is
being negotiated by a licensed real estate broker.
Merchant.
Means a party to a consumer transaction other than a consumer.
Person.
Means an individual, corporation, trust, partnership, association
or any other legal entity.
Public Property.
Means:
(1)
Any property open or devoted to public use or owned by the city;
and
(2)
Any area dedicated to the public use for sidewalk, street, highway,
or other transportation purposes, including, but not limited to, any
curb, median, parkway, shoulder, sidewalk, alley, drive, or public
right-of-way.
Public Right-of-Way.
Means the area that is within ten (10) feet of the curbline.
In absence of a curbline, the area within ten (10) feet of the shoulder
of a road or highway. Right-of-way also includes the travel portion
of the roadway and all traffic medians.
Residence.
Means any separate living unit occupied for residential purposes
by one or more persons contained within any type of building or structure.
Roadway.
Means the portion of a highway, other than the berm or shoulder,
that is improved, designed, or ordinarily used for vehicular travel.
If a highway includes at least two separate roadways, the term applies
to each roadway separately.
Solicit Funds or Solicitation of Funds.
Means any request for money, property or anything of value,
or the sale of anything of value; or the selling or offering for sale
of any property, real or personal, tangible or intangible, whether
of value or not, including, but not limited to, goods, books, pamphlets,
tickets, publications, or subscriptions to publications. Expressly
excluded from the meaning of “solicit funds” or “solicitation
of funds” is any offer of membership in any organization. A
solicitation of funds is complete when the solicitation is communicated
to any individual then located within the corporate limits of the
city.
Solicitation or Soliciting or Solicited or Any Action Form of
the Word “Solicit”.
Means the act of asking, begging, pleading or in any other
such manner, communicate, whether orally, by written, and/or printed
material, hand signing or by any other method, direct or implied,
by an individual or group of individuals for the purpose of receiving
or obtaining money, alms, gifts or items of value, real or intrinsic
for said individual, for said group of individuals or a for-profit
organization or a non-profit organization; individual; person or more
than one person; organization; couple; family; relationship; joint
venture; joint-stock company; partnership; club; company; corporation;
business trust; establishment; religious institution or religion;
association, or the like or chapter or affiliate thereof, for the
purposes of giving, use, sustenance, purchase, barter or any other
such form.
Sunset.
Means the time of day published on the weather page of the
Dallas Morning News as a time for sunset on the day in the City of
Dallas, Texas.
Vehicle.
Means a device that can be used to transport or draw persons
or property on a highway. The term does not include:
(1)
A device exclusively used on stationary rails or tracks; or
(2)
Manufactured housing as that term is defined by chapter 1201,
Texas Occupations Code.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.501; Ordinance 1490-02 adopted 8/20/02; Ordinance
1894-11 adopted 9/20/11)
The provisions of this article do not apply to public utility
companies or others operating under franchises granted by the city,
nor to insurance salespersons, real estate salespersons, and others
licensed by the state.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.502)
It shall be unlawful for any person to solicit funds or go upon
any residential premises and ring the doorbell, or rap or knock upon
the door, or create any sound in a manner calculated to attract the
attention of the occupant of the residence for the purpose of engaging
in or attempting to engage in a home solicitation or to distribute
samples of merchandise in the city:
(1) before
9:00 a.m. or after 30 minutes following sunset of any day, Monday
through Saturday;
(2) anytime
on a Sunday, New Year's Day, Memorial Day, July Fourth, Labor Day,
Thanksgiving Day, or Christmas Day.
(3) Section
4.403 shall not apply to a visit to the premises as a result of a request or an appointment by the occupant.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.503)
(a) A person,
desiring that no merchant or other person engage in a home solicitation
or place handbills or other advertisement at his residence, or business
shall exhibit in a conspicuous place upon or near the main entrance,
a weather-proof card, not less than 3" x 4" in size, containing the
words "NO SOLICITORS." The letter shall not be less than 2/3 of 1"
in height.
(b) Every
merchant going onto any premises upon which a residence, or business
is located shall first examine the residence or business to determine
if any notice prohibiting solicitation is exhibited upon or near the
main entrance. If notice prohibiting solicitation is exhibited, the
merchant shall immediately depart from the premises without disturbing
the occupant, unless the visit is a result of a request made by the
occupant.
(c) No person shall go upon any residential or business premises, and ring the doorbell, or rap or knock upon the door, or create any sound in a manner calculated to attract the attention of the occupant of the residence or business, for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a home solicitation transaction, or place handbills or other advertisement, if a card as described in subsection
(a) above, is exhibited in a conspicuous place upon or near the main entrance to the residence, or business, unless the visit is a result of a request by the occupant.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.504)
(a) It shall
be unlawful for any person to paste, stick or place any advertisement,
handbill, placard, printed, pictured or written matter, or any device
for advertising purposes upon any fence, railing, sidewalk, telephone,
electric light or public utility pole, or other public property, or
to knowingly permit the same to be done for his benefit.
(b) It shall
be unlawful for any person distributing any handbill, placard, printed,
pictured or written matter, or any device for advertising purposes,
to get nearer to a window or door of any residential dwelling than
twenty-five feet (25') unless such person is on a sidewalk, walkway
or driveway approaching the residential dwelling.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.505)
It shall be unlawful for any person to use children under seventeen
(17) years of age or less for any type of solicitation purposes unless
such children are kept actively supervised by a permitted or registered
adult individual at least eighteen (18) years of age within one hundred
(100) yards of the child solicitor.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.506)
(a) It shall
be lawful for a person to engage in a mobile vending operation involving
food products upon any street, public street or street right-of-way,
provided such person has previously obtained a health permit from
the city’s health department or his designee and subject to
the conditions set forth herein.
(1) No
person shall engage in or attempt to engage in any mobile vending
operation involving food products unless such person has in his immediate
possession a valid health permit issued to him by the city.
(2) No
person shall engage in or attempt to engage in any mobile vending
operation involving food products on any public street which is not
residential in character or on any major thoroughfare or within the
limits of any city park.
(3) Any
person engaged in or who attempts to engage in mobile vending operations
involving food products shall not stop his motor vehicle and remain
in one location for a period exceeding forty-five (45) minutes.
(4) All
persons engaged in mobile vending operations involving food products
shall comply with all traffic laws and parking regulations. Sales
and deliveries of products shall not be made from any part of the
vehicle away from the curb.
(5) Notwithstanding
the provisions of this subsection, a person may sell or offer for
sale any food, drinks, confections, merchandise or services within
the limits of any city park or public facility if such person has
a written agreement with the city.
(6) No
person shall engage in or attempt to engage in any mobile vending
operation involving food products on any public street before 9:00
a.m. or thirty (30) minutes following sunset. Notwithstanding this
subsection, it shall be lawful for a person to engage in mobile vending
operations involving food products in parking lots or other private
property provided such operation does not cause a traffic hazard on
any adjacent street, street right-of-way, or other public right-of-way.
(7) If
bells, music boxes, radios, or any other mechanical or electronic
sound-producing devices are employed to attract patrons, such device
shall be operated as to be inaudible at a distance of two hundred
(200) feet in every direction.
(8) Persons
engaged in mobile vending operations involving food products shall
comply with all applicable provisions of this code and all applicable
ordinances governing the handling, service, preparation, storage,
display and transportation of food.
(9) A
mobile vending operation involving food products shall not serve,
sell or distribute potentially hazardous food not intended for immediate
consumption. All food and beverages sold, served or distributed from
a mobile vending operation must be approved in advance by the director
of the health department or his designee and specified on the permit
for the mobile vending operation. No person shall sell, serve or distribute
from a mobile vending operation any food not specified on the permit.
(10) Ice used in a beverage served by a mobile vending operation must
be from an approved source stored in an approved container that is
drained, covered and dispensed with an approved scoop or from automatic,
self-service ice dispensing equipment.
(11) Each mobile vending operation involving food products shall have
a permitted commissary by the appropriate health authority at which
those foods served, sold or distributed are stored and prepared.
(12) A person shall not engage in a catering service unless the service
is affiliated with a food products establishment operating from a
fixed facility that is permitted by the appropriate health authority.
(b) It shall
be unlawful for any person to engage in mobile vending operations
involving services, including but not limited to, veterinary services,
mobile x-ray services, and mobile blood donation services, in the
city, except that it shall be lawful for a person to engage in a mobile
vending operation involving services on church, school, retail and
commercial parking lots with the written consent of the owner, provided
such person has previously obtained a mobile vendor services permit
from the city. Any person desiring to engage in a mobile vending operation
involving services shall make written application on a form provided
by the city to the director of code services or his designee, for
a permit which shall include the same information required for a noncharitable
solicitor’s permit. Mobile vending operations involving services
shall be conducted only during hours of daylight and shall not be
conducted longer than fourteen (14) consecutive days per person or
organization, with a maximum of not more than four (4) permits per
each twelve (12) month period per person or organization regardless
of location. Only one permit for mobile vending operations involving
services shall be issued for any one location regardless of the applicant
for the permit, unless at least thirty (30) days has expired from
the last permit for that location. Mobile vending operations involving
services conducted by nonprofit organizations, including charitable,
veterans, educational, religious, or philanthropic organizations,
shall be exempt from the permit fee.
(Ordinance 1894-11 adopted 9/20/11; Ordinance 1957-13 adopted 9/17/13)
No person, directly or through an agent, shall engage in home
solicitation or solicit in person from house to house in the city
to sell or attempt to sell goods, merchandise, wares, services or
anything of value, or to take or attempt to take orders for the future
delivery of goods, merchandise, wares or any personal property or
any nature whatsoever, or to take or attempt to take orders for services
to be furnished or performed in the future, or to distribute samples
of merchandise within the city, without first having obtained a written
permit, or to solicit funds for charitable purposes without first
having registered with the city.
(Ordinance 1490-02 adopted 8/20/02)
(a) Application
and Required Information.
Any person desiring to make
home solicitation transactions or solicit in person from house to
house in the city to sell or attempt to sell goods, merchandise, wares,
services or anything of value, or to take or attempt to take orders
for the future delivery of goods, merchandise, wares or any personal
property of any nature whatsoever, or take or attempt to take orders
for services to be furnished or performed in the future, or to distribute
samples of merchandise, within the city, shall make written application
on a form provided by the city to the director of the code services
or his designee for a permit which shall include at least the following:
(1) the
name of the person applying and desiring to make home solicitations;
(2) whether
the person registering is a natural person, partnership, corporation
or association: and
(A) if a natural person, the business or residence address and telephone
number;
(B) if a partnership, the name of all partners and the principal business
address and telephone number of each partner;
(C) if a corporation, the person registering must state whether it is
organized under the laws of the state or is a foreign corporation,
and must show the mailing address, business location, telephone number,
name of the main individual in charge of the local office of such
corporation, if any, and the names of all officers and directors or
trustees of such corporation, and, if a foreign corporation, the place
of incorporation;
(D) if an association, then show the association's principal business
address and telephone number, if any, and show the names and principal
business or residence addresses and telephone numbers of all members
of the association unless they exceed ten (10) in number, in which
case the application shall so state and the person registering may
alternatively list names and principal business or residence addresses
and telephone numbers of the officers and directors or trustees of
the association. If the association is part of a multi-state organization
or association, the mailing address and business location of its central
office shall be given in addition to the mailing address and business
location of its local office.
(3) the
names, mailing addresses and telephone numbers of all individuals
who will be in direct charge or control of the solicitation of funds;
(4) the
time period within which solicitation of funds is to be made, giving
the date of the beginning of solicitation and its projected conclusions,
and how often the applicant will solicit during the year;
(5) a
description of the methods and means by which solicitation of funds
is to be accomplished;
(6) names
of other communities in which the applicant has made home solicitations
in the past six (6) months;
(7) the
nature of the merchandise to be sold or offered for sale, or the nature
of the service to be furnished;
(8) whether
such applicant, upon any such order obtained, will demand, accept
or receive payment or deposit the money in advance of final delivery;
(9) if
the applicant is unable to provide any of the foregoing information,
an explanation of the reasons why such information is not available;
(10) name, address, telephone number and social security number of each
adult who will be responsible for supervising any solicitor under
seventeen (17) years of age;
(11) whether the applicant, or any person employed by the applicant, to
solicit, has ever been convicted of a felony or a misdemeanor involving
moral turpitude.
(b) Signatures.
The application must be signed by the applicant, if the person
is an individual; if the person applying is a partnership, by the
partner charged with the disbursing of funds solicited; and if the
person applying is a corporation or an association, by its officer
charged with the disbursing of funds solicited. The individual signing
the application shall sign and swear before an officer authorized
to administer oaths that he has carefully read the application, that
all the information contained therein is true and correct.
(c) Fee.
The application shall be accompanied by a non-refundable permit
fee established by resolution of the city council from time to time
to compensate the city for the cost of administration of this article,
and no permit hereunder shall be issued until such fee has been paid
by the applicant. A permit fee shall be required for each person making
a solicitation or distribution for the applicant.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.509; Ordinance 1490-02 adopted 8/20/02)
(a) Any
person desiring to solicit funds for charitable purposes in the city
shall file with the director of code services or his designee a registration
statement on forms provided by the city.
(b) The
solicitation of funds for charitable purposes by any organization
or association from its members, or the solicitation of funds for
charitable purposes by persons when such solicitation occurs on premises
owned or controlled by the person soliciting funds or with the permission
of the person who owns or controls the premises, when previously invited
to the premises for solicitation, is exempt from the registration
requirement.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.510)
After review of the registration statement or permit application,
as the case may be, to determine its compliance with this article,
and within ten (10) working days of the receipt of same, the director
of code services or his designee shall either issue a certificate
of registration or permit, as provided in this article, or notify
the person applying that the registration statement or permit application
does not comply with the requirements of this article and specifically
point out what information or explanation has not been furnished that
has been required before a permit or certificate of registration can
be issued.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.511)
It shall be unlawful for any person to sell or solicit goods
or funds, or to distribute samples of merchandise, without carrying
the permit or registration statement required by this article on their
person while engaged in such solicitation or sale. Any person engaged
in the sale or solicitation of goods or funds shall display their
permit or registration statement upon demand of a consumer, police
officer, or the director of code services or his designee. It shall
be unlawful for any person to display a permit or registration statement
issued in the name of another person.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.512)
It shall be unlawful for any person to sell or solicit in the
city for a purpose other than set out in the application upon which
the permit or certificate was issued.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.513)
It shall be unlawful for any person to file a false registration
statement or application for a solicitation permit with the director
of code services or his designee.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.514)
Every certificate of registration or solicitation permit issued
by the city shall expire at the termination of the solicitation period
specified in the certificate or permit, or one (l) year from the date
of issuance, whichever is less.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.515)
(a) Failure
to comply with any of the provisions of this article shall constitute
grounds for revocation of any permit or registration issued in accordance
with the provisions of this article. Written notice of revocation
shall be given to such person by certified mail or by personal delivery.
(b) Should
a person have a permit or registration revoked, he may appeal that
decision to the city manager or his designated representative by submitting
a letter to the director of code services or his designee within ten
(10) days of the receipt of the notice of revocation. A hearing shall
be held within fifteen (15) days of the appeal. The city manager or
his representative shall render a decision on the appeal within one
(1) day of the date of the hearing. The decision of the city manager
or his designated representative shall be final.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.516)
(a) A person
commits an offense if, while occupying any public property adjacent
to any public roadway in the city, he knowingly conducts a solicitation
directed to, or intended to attract the attention of, the occupant
of any vehicle stopped or traveling on the roadway. An offense occurs
when the solicitation is made, whether or not an actual employment
relationship is created, a transaction is completed, or an exchange
of money, goods, or services takes place.
(b) It is a defense to prosecution under subsection
(a) that the person was:
(1) Summoning
for aid or requesting assistance in an emergency situation; or
(2) A
law enforcement officer in the performance of official duties.
(Ordinance 1894-11 adopted 9/20/11)
Editor’s note—Former section 4.418,
Religious Solicitation in Public Places, was deleted by Ordinance
1490-02 adopted 8/20/02.
(a) Permit
and Application.
It shall be unlawful for any person
to operate an outdoor retail sale and/or outdoor commercial promotion
without first having obtained a permit from the director of code services
or his designee. A person desiring to conduct an outdoor retail sale
and/or outdoor commercial promotion within the city shall make written
application on a form provided by the city, to the director of code
services or his designee, for a permit which shall include at least
the following:
(1) name
of the person applying and desiring to conduct the retail sale and/or
outdoor commercial promotion;
(2) the
names, mailing addresses and telephone numbers of all individuals
who will be in direct charge or control of the retail sale and/or
outdoor commercial promotion;
(3) the
nature of merchandise to be sold or offered for sale, or the nature
of the commercial promotion to be conducted;
(4) location
of the outdoor retail sale or commercial promotion on the premises;
(5) hours
of operation of the outdoor retail sale or commercial promotion;
(6) location
and size of any proposed temporary advertising and/or signs for the
outdoor retail sale or commercial promotion;
(7) proximity
of residential areas to the location of the retail sale or commercial
promotion;
(8) number
of parking spaces, if any, to be encumbered by the proposed outdoor
retail sale or commercial promotion.
(b) Signatures.
The application must be signed by the applicant if the person
is an individual; if the person applying is a partnership, by a partner;
and if the person applying is a corporation or an association, by
one of its officers. The individual signing the application shall
sign and swear before an officer authorized to administer oaths that
he has carefully read the application, and that all of the information
contained therein is true and correct.
(c) Fee.
The application shall be accompanied by a non-refundable permit
fee in an amount established by resolution of the city council from
time to time to compensate the city for the cost of administration
of this article, and no permit hereunder shall be issued until such
fee has been paid by the applicant.
(d) Exemption
from Fee.
The permit fee shall not be required when the
outdoor retail sales and/or outdoor commercial promotion is conducted
by a non-profit organization, including a charitable, veteran, educational,
nonprofit, philanthropic, or religious organization.
(e) Standards
of Operation.
(1) It
shall be unlawful for any person to operate an outdoor retail sale
or commercial promotion in the city unless such sale or promotion
is adjacent to an existing permanent business operated in the city
and where the products sold outdoors are the same as those sold inside
the existing permanent business, and such activity is incidental to
the normal conduct of business operated by the same merchant or his
employer in an on-site building for which a valid certificate of occupancy
exists. An outdoor retail sale or commercial promotion shall be limited
to a total of thirty (30) days during any twelve (12) month period.
Notwithstanding this subsection, it shall be lawful for an outdoor
retail sale or commercial promotion of not more than fourteen (14)
days in duration, when conducted by a non-profit organization, including
a charitable, veteran, educational, religious, or philanthropic organization
on a church, school, retail or commercial parking lot in which event
the products sold need not be those sold inside the existing permanent
business.
(2) No
outdoor retail sale and/or outdoor commercial promotion shall utilize
or encumber more than ten percent (10%) of any parking lot, obstruct
or interfere with any required parking space, fire lane, fire hydrant,
access, easement or any other area necessary for public traffic circulation
within a parking lot, be closer than the required building setback
line from any dedicated street right-of-way. No outdoor retail sale
and/or outdoor commercial promotion shall be conducted in or on any
vacant lot, unimproved parking lot, public sidewalk, public street,
public street right-of-way or public street median.
(3) Any
outdoor retail sales and/or outdoor commercial promotion shall be
required to obtain all necessary tent permits, building permits, electrical
permits, food establishment permits, alcoholic beverage permits, and
all other permits required by ordinance or other law for the specific
activities to be conducted in conjunction with or as part of the outdoor
retail sale and/or commercial promotion and must be applied for separately
in accordance with the applicable ordinance or law.
(4) Outdoor
retail sales and/or outdoor commercial promotions shall be conducted
only during the hours of daylight except that an outdoor retail sale
or outdoor commercial promotion adjacent to an existing permanent
business may be conducted during the normal hours of operation of
the business.
(5) No
person shall engage in or attempt to engage in any outdoor retail
sale and/or commercial promotion unless such activity is consistent
with the zoning regulations prescribed for the district in which the
activity takes place.
(6) Outdoor
retail sales and/or commercial promotions may only be conducted on
church, school, retail and commercial parking lots.
(7) No
person engaged in an outdoor retail sale or commercial promotion shall
stand in any street, street right-of-way, median, or parkway to advertise
or direct persons to the outdoor retail sale or commercial promotion.
(1995 Code of Ordinances, Chapter 4, Article 4.500,
Section 4.519)