(a) The
purpose of this article is to provide for the general health, public
safety and welfare, comfort, convenience and protection of the city
and the residents of the city by:
(1) Prohibiting door-to-door solicitation and canvassing activity at
residences during the times when such activity is most intrusive and
disruptive to citizens’ privacy;
(2) Regulating the manner in which any solicitation activity, canvassing
activity or handbill distribution may occur to promote good order,
prevent litter and protect citizens from aggressive and intimidating
practices; and
(3) Requiring solicitors to register with the city to aid crime detection
and deter deceptive practices and fraud.
(b) The
provisions of this article shall be construed to accomplish these
purposes.
(Ordinance 1139-2017 adopted 3/28/17)
In this article:
Administrator.
The police chief or some other employee of the city designated
by the chief of police.
Canvasser.
A person who engages in canvassing activities.
Canvassing or canvassing activity.
(1)
The act of:
(A)
Traveling either by foot or vehicle, going door-to-door, house-to-house,
building-to-building; or
(B)
Occupying space in or traveling on or through any public place
in the city;
(2)
Personally contacting persons to communicate in any manner,
whether orally, by written or printed materials including, but not
limited to, handbills, leaflets, hand signing or by any other method,
direct or implied, for any purpose other than selling or taking orders
for goods, wares, merchandise or services or collecting money.
City.
The city of River Oaks, Texas.
Dark.
The time of day identified by the United States Naval Observatory
as being after the end of civil twilight on a particular day in the
city.
Handbill.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any manner.
Handbill distribution.
Traveling either by foot or vehicle, going door-to-door,
house-to-house or building-to-building without personally contacting
persons to distribute or leave on or at each premises handbills for
any purpose.
Nonprofit organization.
An organization or entity that is exempt from the payment
of tax pursuant to section 501(c)(3) of the Internal Revenue Code.
Selling.
To sell, dispense, peddle, hawk, display, offer to sell or
solicit for sale by offering or exposing for sale any goods, wares,
merchandise or services.
Solicitation activities.
Traveling either by foot or vehicle, going door-to-door,
house-to-house or building-to-building personally contacting persons
to ask, barter or communicate in any manner, whether orally, by written
or printed materials including but not limited to handbills or leaflets,
hand signing or by any other method, direct or implied, for the purpose
of selling or taking orders for goods, wares, merchandise or services
or collecting money for any purpose.
Solicitor.
A person who engages in solicitation activities.
Traffic safety vest.
A high visibility vest made of fluorescent orange or yellow
material that may be clearly seen at any time of the day.
(Ordinance 1139-2017 adopted 3/28/17)
(a) This
article does not apply to:
(1) The activity of a person with an appointment calling upon or dealing
with manufacturers, wholesalers, distributors, brokers or retailers
at their place of business and in the usual course of business;
(2) The activity of a person acting at the request or invitation of the
owner or occupant of a residence;
(3) Sales made under the authority of and by judicial order;
(4) The activity of a government employee acting within the course and
scope of their official duties serving, delivering or posting official
notices including notices of code violations, water restrictions,
utility outages, burn bans, special event impacts or security issues;
or
(5) The activity of a person under the authority of a permit issued under article
6.05, “Food and Food Establishments,” of chapter
6, “Health and Sanitation,” of this code as amended.
(b) It shall be an affirmative defense to prosecution for any offense under this article that the activity of the defendant is listed in subsection
(a).
(Ordinance 1139-2017 adopted 3/28/17)
(a) A
person commits an offense if the person engages in solicitation or
canvassing activity at a residence:
(2) After dark or 9:00 p.m., whichever is earlier on a given day.
(b) A
person commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution at a premises with
a posted notice that such activity is not welcomed or invited. It
shall be presumed that there is notice that solicitation or canvassing
activity is not welcomed or invited when there is exhibited in a conspicuous
place on or near the main entrance of the premises, a sign, not less
than four (4) inches by three (3) inches in size, containing the words
“no solicitors,” “no trespassing,” or words
of similar meaning in letters not less than two-thirds (2/3) of one
inch in height.
(c) A person who is not the owner or tenant of a premises commits an offense if the person removes, defaces or otherwise renders illegible a sign placed by the owner or tenant of the premises pursuant to subsection
(b).
(d) A
person commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution and remains or lingers
on a premises after being informed by the owner or tenant that they
are not welcome.
(e) A
person commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution in an aggressive or
intimidating manner. The term “aggressive or intimidating manner”
means:
(1) Blocking the path of a person who is the object of the activity;
or
(2) Following behind, ahead or alongside a person who walks away from
the solicitor after being solicited, approached, accosted or offered
a handbill, leaflet or any other item.
(f) A
person commits an offense if the person engages in solicitation activities,
canvassing activities, or handbill distribution and distributes, deposits,
places, throws, scatters, or casts a handbill at a residence except
by:
(1) Handing or transmitting the handbill directly to the owner or occupant
then present in or upon the premises; or
(2) Without using adhesive or tape, placing or depositing the handbill
in a manner that secures the handbill and prevents it from being blown
away, except that mailboxes may not be used when the use is prohibited
by federal postal laws or regulations.
(g) A person commits an offense if the person secures a handbill at a residence in the manner described by subsection
(f)(2):
(1) In a place that is more than five (5) feet from the front door of
the residence; or
(2) When another handbill has already been left or secured at the residence
and has not been removed from the outside of the residence.
(h) A
person commits an offense if the person engages in solicitation activities,
canvassing activities or handbill distribution without wearing a traffic
safety vest.
(Ordinance 1139-2017 adopted 3/28/17)
(a) A
person commits an offense if the person conducts solicitation activities
from a vehicle and:
(1) The solicitation is conducted at a location within the right-of-way
of any street or highway in the city which is designated as a highway
or freeway, major or minor arterial on the city’s thoroughfare
plan; or
(2) The person stops the vehicle within a roadway to conduct business
before the vehicle has been approached, called, or waved down by a
prospective customer.
(b) A
person commits an offense if the person operates a vehicle from which
solicitation activities are conducted upon any street or highway within
the city in a manner that blocks or impedes access to or from any
alley, street or driveway, or impedes the flow of traffic on any public
street or highway.
(Ordinance 1139-2017 adopted 3/28/17)
(a) Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars ($500.00) for each offense as provided in section
1.01.009, “General penalty for violations of code; continuing violations.” Each attempted or completed act of handbill distribution or solicitation or canvassing activity shall constitute a separate and distinct offense.
(b) In case of any willful violation of any of the terms and provisions of this article, the city, in addition to imposing the penalties provided in subsection
(a), may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the definition of any violation as a misdemeanor shall not preclude the city from invoking the civil remedies given it by the laws of the state.
(c) The court trying a civil or criminal cause under subsections
(a) or
(b) shall have the right and power upon judgment or conviction of any person for violation of any of the provisions of this article to decree and to make as a part of the judgment or conviction in such cause the forfeiture of the registration certificate required by this article. When a registration certificate is forfeited in this manner, no further certificate shall be issued to that person for one (1) year from the date of judgment or conviction.
(Ordinance 1139-2017 adopted 3/28/17)