[1]
Editor’s note–Former article pertaining to peddlers and solicitors, was amended and replaced with similar provisions by Ordinance 2024-014 adopted 10/8/2024. Prior to the replacement, this article derived from the following: Ordinance adopted 11/10/77 and Ordinance adopting Code.
The purpose of this article is to further the city's legitimate and compelling interest in securing citizens' general health, safety, and welfare by:
(1) 
Prohibiting door-to-door home solicitation during times when such activity is most intrusive and disruptive to citizens' privacy and the security of their homes;
(2) 
Regulating the manner in which door-to-door solicitation activity may occur so as to protect citizens in the privacy of their own homes from aggressive and intimidating practices; and
(3) 
Requiring home solicitors to register with the city and conspicuously display registration badges while soliciting, so as to minimize deceptive practices, fraud, and aid law enforcement in crime detection.
(Ordinance 2024-014 adopted 10/8/2024)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Home solicitation.
An instance where a peddler, solicitor, or transient merchant visits a private residence to engage in peddling, soliciting, or sales activities.
Noncommercial door-to-door advocate.
A person who goes door-to-door for the primary purpose of disscminating religious, political, social, or other ideological beliefs. For the purpose of this article, the term "door-to-door advocate" shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for noncommercial purposes.
Peddler.
A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon the sale, the goods, wares, products, merchandise, or other personal property that the person is carrying or otherwise transporting. For purpose of this article, the term "peddler" shall have the same common meaning as the term "hawker."
Person.
Any natural individual, organization, corporation, partnership, or similar association.
Solicitor.
A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, and other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above.
Transient Merchant.
A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who does not remain in any one location for more than 14 consecutive days.
(Ordinance 2024-014 adopted 10/8/2024)
(a) 
It is unlawful for a person to conduct a home solicitation:
(1) 
If the person does not have a valid registration badge issued by the city in accordance with this article.
(2) 
Before 9:00 a.m. or after 7:00 p.m., Monday through Sunday or at any time on January 1st, July 4th, December 25th or other state or federal holidays.
(3) 
If the residence conspicuously displays at or near the primary entrance to the residence," a readily legible sign, bearing any of the words: "No Trespassing," "No Peddlers," "No Advertisements," "No Solicitation," or "No Handbills."
(4) 
At a location other than the primary entrance to the residence.
(b) 
It is unlawful for the registrant to allow any other person to use or wear his or personal city-issued registration badge.
(c) 
It is unlawful for any registrant or registrant's agent to represent that the city's issuance of a registration badge constitutes the city's endorsement or approval of the purposes of any particular solicitation.
(Ordinance 2024-014 adopted 10/8/2024)
(a) 
To obtain a registration badge to conduct home solicitations, a person must file a written application with the chief of police on the city-issued form. The application must include the following information regardless of whether the applicant is an individual or company:
(1) 
The applicant's name, address, and telephone number.
(2) 
If the applicant is a company, the title of each of its officers and date and place of incorporation or location of the business establishment.
(3) 
The name, address, date of birth and telephone number of each person that wishes to conduct home solicitation in the city for the applicant.
(4) 
A photograph of the applicant and of each person wishing to solicit taken within the preceding 12 months, which clearly depicts the person's facial features.
(5) 
The date of birth and proof of driver's license (including the driver's license number and the issuing state) or proof of a government issued personal identification card (including the government number and the person's photograph) for the applicant and each person to solicit for the applicant.
(6) 
The names of other cities or jurisdictions in which the applicant and each person to solicit for the applicant has worked as a home solicitor in the past 12 months and, if the person was an agent of different companies in the other jurisdictions, the names of those companies.
(7) 
The nature, character, and quality of the goods or services to be advertised, offered for sale, or delivered as part of the home solicitation.
(8) 
Whether the applicant and each person to solicit for the application, upon obtaining an order for goods or services, will demand, accept, or receive payment or a deposit of money in advance of final delivery of the goods or services.
(9) 
The dates, times, and locations of the proposed home solicitations in the city.
(10) 
An outline of the method to be used in conducting the home solicitations.
(11) 
Proof that the applicant and each person to solicit for the applicant possesses all licenses or permits required by this code or by state or federal law for the operation of the business in question.
(12) 
If the applicant is an agent of an individual or company, sufficient written proof of the applicant's authority to represent and act on behalf of the individual or company.
(13) 
If a company, proof of applicant's compliance with state or federal law for the operation of the proposed business, to include Texas Labor code chapter 51, as amended.
(14) 
Any other information the chief of police determines necessary to the enforcement and administration of this article.
(b) 
A registration badge is not transferrable.
(c) 
A registrant shall notify the chief of police within five days after any material change in the information on the application during the registration term. A material change includes, but is not limited to:
(1) 
A registrant becomes an agent for another individual or company;
(2) 
A registrant terminates an individual's authority to serve as the registrant's agent;
(3) 
A change in the nature, character, and quality of the goods or services to be sold by the registrant; or
(4) 
A change in the dates, times, and locations proposed for conducting home solicitations in the city.
(Ordinance 2024-014 adopted 10/8/2024)
(a) 
Upon receipt of the application, the chief of police will, within two business days, determine if the application is complete. If the application is determined to be incomplete, the chief of police will inform the applicant of the required, necessary information that is missing.
(b) 
If the application is complete, the chief of police shall approve the application within three business days after receipt of the application unless any of the following applies:
(1) 
The applicant has failed to provide material information requested or made a false statement of a material fact on the application form.
(2) 
The applicant has failed to comply with, or the proposed business will violate, any applicable ordinance or regulation of the city or applicable state or federal law.
(3) 
The background check on the applicant or person acting under the applicant revealed that the person would be a danger to the health and safety of the public.
(c) 
If the chief of police determines that an application should be denied, the chief of police shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal of such decision to the city administrator. The city administrator shall hear the appeal with 20 days of the date of the request for an appeal. The decision of the city administrator is final.
(d) 
Once an application has been approved, the applicant may take the approved application to the city secretary or designee for issuance of a registration badge or badges upon payment of the required registration fee, as established in chapter FS, fee schedule, of this code. The full registration fee shall be due regardless of the month in which the registration badge is obtained.
(e) 
At all times the registrant and each person soliciting under the registrant is conducting home solicitations in the city, the registration badge must be worn on the registrant's person. A person with a registration badge shall allow the registration badge to be examined upon request by the city administrator or designee, any police officer, any city code Enforcement official, or the owner or occupant of the residential premises on which a home solicitation is being conducted.
(f) 
If a registration badge is lost, mutilated, or destroyed, the city secretary or designee shall issue the registrant or each person soliciting a duplicate registration badge upon payment of a duplicate identification badge fee in the amount of set forth in chapter FS, fee schedule.
(g) 
A registration badge granted under this article shall expire on December 31st of the year in which it was issued.
(Ordinance 2024-014 adopted 10/8/2024)
A registration badge is not required for:
(1) 
Any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm.
(2) 
Any person going from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement for the primary purpose of exercising that person's state or federal constitutional rights such as the freedom of speech, freedom of the press, freedom of religion, and the like. This exemption will not apply if the person's exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity.
(3) 
Non-commercial door-to-door advocates.
(4) 
Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk.
(5) 
Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route.
(6) 
Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large.
(Ordinance 2024-014 adopted 10/8/2024)
It is a defense to prosecution under this article that:
(1) 
The person was soliciting for a noncommercial purpose, including, but not limited to, a charitable, educational, civic, patriotic, philanthropic, political, or religious purpose;
(2) 
The person was on the residential premises by express invitation of the owner, occupant, or other person in control of the premises;
(3) 
The person was a wholesale agent or factory representative who sells or exhibits for sale goods, wares, or merchandise and was conducting business with a person engaged in the business of buying, selling, and dealing in the same type of goods, wares, or merchandise;
(4) 
The person was soliciting newspaper sales, or delivering newspapers pursuant to a request by or contract with the owner, occupant, or other person in control of a residential premises; or
(5) 
The solicitation, sale, or taking of orders for goods or services took place upon residential premises owned, leased, or controlled by the person or by the person's employer.
(Ordinance 2024-014 adopted 10/8/2024)
(a) 
A person who violates a provision of this article, or who fails to perform an act required of the person by this article, commits an offense. Such offense shall be punishable by a fine of up to $500.00 upon conviction for same.
(b) 
A person commits a separate offense for:
(1) 
Each day or portion of a day during which a violation is committed, permitted, or continued;
(2) 
Each item placed, deposited, or distributed on residential premises in violation of this article; and
(3) 
Each residential premises to which a home solicitation is conducted in violation of this article.
(c) 
The penalties provided in this section are in addition to any other enforcement remedies and penalties which the city may have under city ordinances and state law.
(d) 
If a person is convicted of violating this article or is placed on deferred disposition, the municipal court judge may recommend that the chief of police suspend or revoke the person's registration.
(Ordinance 2024-014 adopted 10/8/2024)