This article is and shall be deemed an exercise of the police powers of the state and of the city for the public safety, comfort, convenience, and protection of the city and the citizens thereof, and all of the provisions of this article shall be constructed for the accomplishment of that purpose.
(Ordinance 2013-0946 adopted 7/1/13)
For the purpose of this article, a “peddler” or “solicitor” shall mean any person, partnership, firm, or corporation going from house to house or from place to place in the city soliciting, exhibiting, selling, canvassing for or taking orders for, or offering to sell or take orders for any goods, wares, merchandise, meats, fish, and subscriptions to magazines, publications, newspapers, photographs, or services. The same shall also include any persons, partnerships, firms, or corporations soliciting, exhibiting, selling, taking orders for, or offering to sell or take orders for such goods, wares, merchandise, meat, fish, publications, or services upon or from a truck or other vehicle whether on the streets or from any property whatsoever in the city, whether public or private. Also anyone who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade these provisions shall be deemed a “peddler” or “solicitor.” The terms “peddler” and “solicitor” shall also be synonymous with “itinerant merchant” and “transient vendor,” as well as each other.
(Ordinance 2013-0946 adopted 7/1/13)
Any peddler or solicitor who enters upon premises owned, or occupied by any person and willfully refuses to leave said premises after having been notified by the owner or tenant of said premises, or his agent, to leave the same shall be deemed guilty of a misdemeanor.
(Ordinance 2013-0946 adopted 7/1/13)
It shall be unlawful for any peddler or solicitor to enter upon any private premises when the same is posted with a sign stating “No Peddlers Allowed” or “No Solicitation Allowed” or other words to such effect.
(Ordinance 2013-0946 adopted 7/1/13)
It shall be unlawful for any peddler or solicitor to carry on or about his person, or within his immediate reach, during peddling or solicitation activity, any weapon defined in section 46.01 of the Texas Penal Code or knife of any length or any other bladed cutting utensil. Any samples to be provided or distributed must be precut and none of the implements hereinabove described may be displayed before another person during such peddling or soliciting activity.
(Ordinance 2013-0946 adopted 7/1/13)
It shall be unlawful for any peddler to engage in the business of peddling at any time after sunset and before sunrise on any day, except when the peddler has specific invitation and appointment with the customer.
(Ordinance 2013-0946 adopted 7/1/13)
The following persons, partnerships, firms, or corporations shall be exempt from the permit provisions of this article:
(1) 
Ordinary commercial travelers who sell or exhibit for sale goods, wares, merchandise, meat, fish, photographs, publications, or services to local firms or businesses and not homes;
(2) 
Public utility companies or others operating under franchises granted by the city;
(3) 
Any individual operating under a valid license granted by the state;
(4) 
Duly authorized, nonprofit charitable organizations, that are registered as such with the secretary of state for the State of Texas;
(5) 
Persons offering for sale agricultural products, meats, poultry, or other articles of food grown or produced by such persons; and
(6) 
Individuals engaged in protected political or religious speech.
(Ordinance 2013-0946 adopted 7/1/13)
(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.
(Ordinance 2013-0946 adopted 7/1/13)
It shall be unlawful for any person, partnership, firm, or corporation to peddle, sell, solicit, exhibit, or take orders for or offer to take order for any goods, wares, merchandise, meat, fish, or subscriptions to magazines, publications, newspapers, photographs, or services without first having obtained a permit to do so from the city.
(Ordinance 2013-0946 adopted 7/1/13)
(a) 
Every person desiring to obtain a permit as required by this article shall make written application to the city secretary which application shall show at least the following:
(1) 
The name and address of the applicant;
(2) 
The name and address of person which such applicant represents;
(3) 
The applicant’s date of birth, height, weight, color of hair and color of eyes, social security number, and driver’s license number, if existent;
(4) 
Whether the applicant has ever been convicted of a felony or a misdemeanor involving theft, fraud, bribery, or perjury;
(5) 
The name of the immediate last preceding three towns in which he worked, if any;
(6) 
The kind of goods, wares, and merchandise offered or to be offered for sale;
(7) 
Whether such applicant upon any such order so obtained will demand, accept, or receive payment or deposit of money in advance of final delivery; and
(b) 
In addition, there shall also be attached to each application for a permit the following:
(1) 
A recent photographic likeness of the applicant’s face as well as any assistant working with him;
(2) 
Satisfactory proof of applicant to represent the company or individual such applicant so states that he represents.
(c) 
In addition, the applicant may be required to submit to fingerprinting. Such fingerprinting shall be kept as a permanent record with the application.
(Ordinance 2013-0946 adopted 7/1/13)
It shall be the duty of the police chief to investigate each applicant referred to him/her by the city secretary who has made an application for a permit. The police chief shall as promptly as possible make a report of his investigation to the city secretary before a permit is issued.
(Ordinance 2013-0946 adopted 7/1/13)
Upon completion of the investigation, the city secretary shall forward the application, surety bond, and investigative report to the mayor. Upon consideration of all of the facts the mayor shall issue or refuse to issue a permit. All permits issued shall be valid for a period of one (1) year, unless sooner revoked.
(Ordinance 2013-0946 adopted 7/1/13)
Each and every person seeking a permit under the provisions herein shall pay an application fee as provided for in the fee schedule found in appendix A of this code. Such fee shall be paid by the person desiring such permit and payable at the time of application. This fee shall be charged to help defray the cost of investigation and administration incident to said permit. This fee shall not be prorated nor refunded to the applicant regardless of whether a permit is issued or not.
(Ordinance 2013-0946 adopted 7/1/13)
It shall be unlawful for any peddler or solicitor to do business within the city unless he carries such permit on him at all times. Every peddler or solicitor shall display his permit upon request of any person and failure to so display such permit shall be grounds for revocation or constitute a violation of this article.
(Ordinance 2013-0946 adopted 7/1/13)
If, after the permit as hereinbefore provided, has been issued and the city finds that the permit was obtained by false representation in the application, or that the permit holder has committed any act or practice that violates section 17.46 et seq., Texas Business and Commerce Code, otherwise known as the Texas Deceptive Trade Practice Act; any act or practice which violates the Home Solicitation Sales Act; the commission, during the term of the permit, of any crime or misdemeanor involving moral turpitude; or any violation of this article or any other city ordinance or state or federal law, the city may revoke such permit by giving written notice to the holder.
(Ordinance 2013-0946 adopted 7/1/13)
No permit issued under this article shall be transferable or assignable nor give authority to more than one (1) person to engage in the business as a peddler or solicitor, but any person having obtained such permit may have the assistance of one (1) or more persons in conducting such business.
(Ordinance 2013-0946 adopted 7/1/13)
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.
(Ordinance 2013-0946 adopted 7/1/13)
It shall be unlawful for any person to file a false registration statement or application for a solicitation permit with the city secretary or her designee.
(Ordinance 2013-0946 adopted 7/1/13)