The following definitions shall apply for the purposes of this article:
Canvasser.
Includes all persons who attempt to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of:
(1) 
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
(2) 
Distributing a handbill or flyer advertising a noncommercial event or service.
Crime involving moral turpitude.
Crimes against any persons or property, including, but not limited to, any type of misdemeanor or felony assault, battery, theft, larceny, burglary, fraud, criminal mischief, and/or domestic violence.
Itinerant merchant/vendor.
Includes all persons who sell or solicit the sale of any merchandise goods or services within the city and who do not maintain a fixed and permanent place of business within the city for the conducting of business. This includes, but is not limited to, persons who set up displays of merchandise in vacant lots, parking lots, or similar places for display and sale, whether or not with the owner's permission, on a temporary or intermittent basis. A display, whether from a stand, vehicle, or freestanding, is considered temporary or intermittent if it is one that continues for 120 days or less. However, this term does not include the following:
(1) 
Persons who conduct solicitations for sale of merchandise, goods, or services solely by either:
(A) 
Telephone solicitation; or
(B) 
Direct mail solicitation.
(2) 
A canvasser, peddler or solicitor as defined herein.
(3) 
Local organizations or local affiliates of organizations which raise funds for charitable or religious purposes, or for medical or scientific research.
(4) 
Route salespeople such as newspaper carriers, milkmen and goods delivery services who service customers on a regularly scheduled route.
(5) 
Locally owned or managed facilities such as trade marts at which vendors display goods for sale at booths or similar spaces designated by the operator, which are:
(A) 
Operated or conducted at a fixed location;
(B) 
Are conducted or operated on a scheduled basis; and
(C) 
For which the operator or manager maintains a record of each vendors' name, address, and sales tax permit or exemption.
Peddler.
Includes all persons who attempt to make personal contact with a resident at their residence without a prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service. This definition does not include a solicitor as defined herein.
Permit.
Permit issued to canvassers, itinerant merchants/vendors, peddlers, and solicitors as defined herein, by the City of Dumas city secretary or his/her designee.
Person.
Includes individuals, sole proprietorships, partnerships, corporations, limited liability companies, unincorporated associations, and all other forms of organization for doing business.
Solicitor.
Includes all persons who attempt to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of:
(1) 
Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political, or religious purpose, even if incidental to such purpose there is the sale of some good or service; or
(2) 
Distributing a handbill or flyer advertising a commercial event or service.
(Ordinance 1219 adopted 2/7/2023)
No itinerant vendor, peddler or solicitor shall sell or solicit the sale of any merchandise, goods or services or conduct any activity described in or governed by this article unless they first obtain a permit as provided herein. A canvasser is not required to have a permit under this article but any canvasser wanting a permit for the purpose of reassuring city residents of the canvasser's good faith shall be issued one upon request.
(Ordinance 1219 adopted 2/7/2023)
(a) 
The city secretary, or his/her designee, shall issue a permit to any applicant desiring to be an itinerant vendor, peddler, or solicitor only when the applicant has, under oath, provided the following information:
(1) 
The name, address, and telephone number of applicant.
(2) 
The name, date and place of birth, residence address and telephone number of the person representing the applicant, if different than the applicant.
(3) 
The location of applicant's place of business or other while engaging in business in the city.
(4) 
The last three (3) cities in which applicant engaged in business.
(5) 
The address, including street address, and telephone number where applicant can be reached on each of the five days after applicant ceases engaging in business in the city.
(6) 
The name, date and place of birth, physical description and photograph of each person working in the city for, with or on behalf of the applicant under the permit. A state-issued driver's license, state identification card, passport, or other government-issued identification card (issued by a government within the United States) containing this information may be provided to satisfy this requirement. The city secretary shall make a photocopy of any identification card provided under this section. If a photograph is not supplied, the city will take an instant photograph of each person working in the city for, with or on behalf of the applicant under the permit at city hall. The actual cost of the instant photograph will be paid by the applicant.
(7) 
A copy of applicant's sales tax permit or written evidence of applicant's exemption.
(8) 
Proof of at least a $1,000.00 insurance bond.
(9) 
Authorization for the city to conduct a criminal background check for the applicant and any person working in the city for, with or on behalf of the applicant under the permit.
(10) 
A description of the merchandise, goods, or services to be offered for sale.
(11) 
A list of all infractions, offenses, misdemeanors and felony convictions of the applicant and each person working in the city for, with or on behalf of the applicant under the permit for the seven years immediately prior to the application.
(12) 
The make, model, year, color, and state license plate number of any motor vehicle which will be used by the applicant and each person working in the city for, with or on behalf of the applicant under the permit.
(b) 
Upon receipt of the above required information, the city secretary shall issue within twenty-four (24) business hours (3 business days) a permit and identification cards which shall be effective for one hundred eighty (180) days unless it is determined within that time that:
(1) 
The applicant has been convicted of a crime involving moral turpitude within the past seven years;
(2) 
With respect to a particular individual working for, with or on behalf of the applicant under the permit, the individual has been convicted of any crime involving moral turpitude within the past seven years; or
(3) 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
(c) 
Investigation. During the time following the application for one or more permit and its issuance, the city shall investigate as to the truth and accuracy of the information contained in the application. If the city has not completed this investigation within the twenty-four (24) business hours (3 business days) provided in subsection (b), the permit will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation. (If a canvasser requests a permit, the investigation will proceed as described above, but if the city refuses to issue the permit (or revokes it after issuance), the canvassers will be advised that the failure to procure a permit does not prevent him/her from canvassing the residents of the city.)
(Ordinance 1219 adopted 2/7/2023)
Prior to issuing a permit under this section, the city secretary shall collect an application fee for each application plus an administrative fee for each person working in the city for, with or on behalf of the applicant under the permit. The fee amounts are provided in the fee schedule found in appendix A of this code. No fee shall be required for a canvasser requesting a permit under this article.
(Ordinance 1219 adopted 2/7/2023)
While engaged as a canvasser, itinerant vendor, peddler or solicitor, each person will wear a readily visible identification tag as provided by the city showing the person's name, the person's photo, the name of the company or firm, the permit number, the issue date, and the expiration date.
(Ordinance 1219 adopted 2/7/2023)
No person subject to this article shall conduct door to door sales or solicitations at residences prior to 9:00 a.m. on any day, and from October 1st through March 31st after 6:00 p.m., and from April 1st through September 30th, after 8:00 p.m., local time.
(Ordinance 1219 adopted 2/7/2023)
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. (The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers, itinerant vendors, and canvassers).
(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, 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 during the hours of operation provided in this article unless 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) 
For a commercial solicitor, peddler, or itinerant vendor to solicit for a purpose other than that set out in the application upon which the permit was issued.
(Ordinance 1219 adopted 2/7/2023)
No itinerant vendor may display goods or merchandise or sell or solicit sales of any merchandise, goods or services in any park owned by the city or on any other city-owned property without the express, written permission from the parks department supervisor.
(Ordinance 1219 adopted 2/7/2023)
(a) 
No person displaying goods or merchandise outside of any building shall do so at any location where sufficient off-street parking is not available or where the orderly flow of traffic may be impeded.
(b) 
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.
(Ordinance 1219 adopted 2/7/2023)
(a) 
Any person violating any section of this article shall upon conviction be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each day upon which a violation occurs, and each person committing a violation shall be a separate offense.
(b) 
In addition, upon being informed of any violation hereof, the city secretary may revoke any permit issued, and any person holding a permit shall immediately surrender it upon demand.
(Ordinance 1219 adopted 2/7/2023)
(a) 
Grounds.
Any permit issued hereunder may be revoked if the permit holder is convicted of a violation of any provisions of this article or has knowingly made a false material statement in the application or otherwise becomes disqualified for the issuance of a permit under the terms of this article.
(b) 
Notice.
If the city secretary or his/her designee denies (or upon completion of an investigation revokes) the permit to one or more persons she shall immediately convey the decision to the applicant orally. Within two business days after the denial, the city secretary shall prepare a written report of the reason for the denial which shall be immediately made available to the applicant.
(c) 
Appeal.
The applicant/permittee shall have 10 days from the date of revocation or denial in which to file a written notice of appeal from the order denying or revoking the permit. The notice of appeal shall be filed with the city secretary. In the event of the filing of an appeal from a revocation issued under the provisions of this article, then, until such appeal has been determined by the city commission such revocation order shall be stayed.
(d) 
Hearing.
The appeal shall be heard by the city commission at its next called or regularly scheduled meeting, whichever occurs first, subject to the requirements of the Texas Open Meetings Act. After holding the hearing on the revocation or denial, the city commission shall by majority vote either sustain the denial/revocation or issue an order reinstating the permit.
(e) 
Revocation of permit by 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 permit from the city and the judge finds the person guilty of violating a city ordinance relating to this article.
(Ordinance 1219 adopted 2/7/2023)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Charitable organization or organization
means an entity that the United States Internal Revenue Service recognizes to be a charitable organization or a church.
Contribution
means currency, coin, or check.
Location
means the approaches to an intersection equipped with a traffic-control signal light and within 100 feet of such an intersection.
(Ordinance 948, sec. 1(c), adopted 11/5/01; Ordinance 957, sec. 2(c), adopted 7/15/02; Ordinance 962, sec. 2(c), adopted 1/6/03; Ordinance 1033, sec. 2(c), adopted 1/21/08; 2008 Code, sec. 22-160)
(a) 
Required; application; conditions.
In order to solicit contributions while standing in a street or highway, a charitable organization must comply with the following requirements:
(1) 
Not less than 30 days prior to the date desired for soliciting, submit a complete application to the police chief or designee for a permit. The police department shall provide the form and review procedure for this purpose. The form shall require the name of the charitable organization; a point of contact for the organization (meaning the name and phone number of the individual seeking the permit for the organization); the desired dates and specific locations for soliciting; the name, address, phone number and age of each individual who may solicit contributions on behalf of the organization; and an agreement of the organization indemnifying the city and holding it harmless from any and all claims, suits, demands, damages, and attorney fees arising out of or related to the acts or omissions of persons soliciting for the organization. The form may require further information that is reasonably necessary to the direct enforcement of this section and the purposes of this division.
(2) 
At the time of submitting a completed application, the organization shall also submit the following items and failure to do so renders the application incomplete:
(A) 
Fee payment in the sum set forth in the fee schedule in appendix A of this code (cash or money order only) to defray the city’s costs of both processing the application, advertising, and compliance monitoring on the street. This fee is nonrefundable, unless the permit is denied.
(B) 
Provide written proof of liability insurance in the minimum amounts of: $250,000.00 for personal injury or death to any one person soliciting for the organization, and $500,000.00 per occurrence of death or personal injury, and $100,000.00 per occurrence of property damage or destruction. The city must be an additional insured on the policy and specify that such insurance is primary and the city’s insurance is secondary. The insurance policy must be issued by a company authorized by the state department of insurance to do business in the state and have an effective date that covers the dates of street soliciting.
(C) 
Provide written proof that the organization is a charitable, benevolent or educational organization, if that exemption is being claimed, along with a copy of the organization’s charter (or if a foreign organization, then a copy of its certificate of authority to do business in the state).
(3) 
No more than one permit per calendar year may be issued to an organization. For purposes of this subsection, local chapters of a state, national or international organization are deemed separate organizations, but committees or other subdivisions of an organization are not so deemed.
(4) 
A permit shall authorize street soliciting only for three consecutive calendar days, between the period of 9:00 a.m. and one hour prior to sunset, at the approved locations specified in the application.
(5) 
The police chief or his designee shall not issue an organization a permit for given dates or locations if a permit has already been issued to another organization for such dates and locations.
(6) 
The police chief or his designee shall grant or deny a permit solely on the basis of the information, documents, and requirements stated in subsections (a)(1) through (a)(5) of this section. The police chief or his designee shall advise the organization’s point of contact of the decision to grant or deny the permit, not later than the tenth day after date of receiving the application and fee.
(b) 
Contents; public notice.
If a permit is granted, it shall state the name of the organization, the names of persons who will be soliciting contributions for the organization, and the approved dates and locations. The organization shall, at its expense, make sufficient copies of the permit to have a copy at each approved location, and shall readily present such copy for inspection upon demand by any person. The chief shall also cause to be published a newspaper notice of approximately two columns by five inches in size, advising the motoring public to be alert to the presence of solicitors in the street at the locations and dates approved in the permit. The notice shall also state the name of the organization.
(c) 
Appeal of denial.
If a permit is denied, then the applicant may appeal to the city commission by filing a letter with the city secretary indicating why the permit should be granted. This letter must be filed no later than three business days after the notice of denial. The city commission shall decide the matter and advise the organization’s point of contact of the decision no later than the 15th day after receiving the appeal letter. The city commission’s decision is final.
(Ordinance 948, sec. 1(d), adopted 11/5/01; Ordinance 957, sec. 2(d), adopted 7/15/02; Ordinance 962, sec. 2(d), adopted 1/6/03; Ordinance 1033, sec. 2(d), adopted 1/21/08; 2008 Code, sec. 22-161; Ordinance adopting 2020 Code)
(a) 
It is an offense for a person to solicit or attempt to solicit contributions, for a charitable organization that is issued a permit, and fail to:
(1) 
Be at least 18 years of age;
(2) 
Be named on the organization’s permit;
(3) 
Wear a reflective orange or yellow visibility vest as the outermost garment;
(4) 
Be in the street or highway only when the controlling traffic signal light prohibits vehicle movement in that lane;
(5) 
Remain within 100 feet of or from an intersection approved in the permit;
(6) 
Place an orange traffic control cone, not less than 24 inches in height, on the center stripe of each street and highway approaching the intersection, at least 100 to 150 feet from the intersection, to warn drivers of a hazard ahead; or
(7) 
Present for inspection a copy of the permit upon demand by any person.
(b) 
It is an offense for any person to obstruct, tamper with, alter, cover, or post any object on or to a traffic-control device. “Traffic-control device” includes, but is not limited to, median markers, reflectors, signal control boxes, regulatory signs, directional signs, warning signs, and pedestrian walk lights.
(Ordinance 948, sec. 1(e), (f), adopted 11/5/01; Ordinance 957, sec. 2(e), (f), adopted 7/15/02; Ordinance 962, sec. 2(e), (f), adopted 1/6/03; Ordinance 1033, sec. 2(e), (f), adopted 1/21/08; 2008 Code, sec. 22-162)
Any peace officer observing any violation of any requirement or prohibition of this division is authorized to issue a citation for the person to appear in municipal court to answer the charge. Upon issuance of the citation, such person shall immediately cease soliciting or attempting to solicit any charitable contribution under that organization’s permit. However, it is not the intent of this section to bar such person from participating in future charitable solicitations approved under the provisions of this division.
(Ordinance 948, sec. 1(g), adopted 11/5/01; Ordinance 957, sec. 2(g), adopted 7/15/02; Ordinance 962, sec. 2(g), adopted 1/6/03; Ordinance 1033, sec. 2(g), adopted 1/21/08; 2008 Code, sec. 22-163)