All of premises in the ordinance codified herein are hereby
found to be true and correct legislative and factual findings of the
City Council, and are hereby approved and incorporated into the body
of this chapter as if copied in their entirety.
(Ordinance 2013-301 adopted 7/8/13)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A person who attempts to make personal contact with a resident
at his or her residence without prior specific invitation or appointment
from the resident, for the primary purpose of:
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
Distributing a handbill or flyer advertising a noncommercial
event or service.
The line adjacent to the edge of the roadway which may be
either a raised or lowered or a marked or unmarked surface.
A person who attempts to make personal contact with a resident
at his or her residence without prior specific invitation or appointment
from the resident, for the primary purpose of attempting to sell a
good or service. A PEDDLER does not include a person who distributes
handbills or flyers for a commercial purpose, advertising an event,
activity, good or service that is offered to the resident for purchase
at a location away from the residence or at a time different from
the time of visit. Such a person is also considered a “solicitor”
as defined in this section.
Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
That portion of a street or highway designed, improved or
ordinarily used for vehicular travel, typically delineated by curbs,
edgelines or the edge of pavement.
A person who attempts to make personal contact with a resident
at his or her residence without prior specific invitation or appointment
from the resident, for the primary purpose of:
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 sales of some good or service; or
Distributing a handbill or flyer advertising a commercial event
or service.
The width between the boundary lines of a publicly maintained
way, any part of which is open to the public for vehicular traffic.
(Ordinance 2013-301 adopted 7/8/13)
No person shall act as a peddler or solicitor within the city
without first obtaining a peddler license in accordance with this
chapter. A canvasser is not required to have a peddler license but
any canvasser wanting a peddler license for the purpose of reassuring
city residents of the canvasser’s good faith shall be issued
one upon adhering the licensing requirements provided herein.
(Ordinance 2013-301 adopted 7/8/13)
This chapter shall not apply to:
(A)
A federal,
state or local government employee or a public utility employee in
the performance of his or her duty for his or her employer.
(B)
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;
(C)
The
activity of a person acting at the request or invitation of the owner
or occupant of a residence;
(D)
Persons
running for elected office or their campaign volunteers;
(E)
Students
raising money for youth activity fundraisers.
(Ordinance 2013-301 adopted 7/8/13)
(A)
An application for a license under this chapter shall be made in writing in a format to be determined by the City Secretary and shall contain such information as provided by sec. 111.06 below. The license shall be issued promptly after application, unless it is determined that:
(1)
The applicant or any person acting on the behalf of the applicant
has been convicted of any felony at any time, or a misdemeanor involving
moral turpitude within the past seven years; or
(2)
Any statement upon the application is determined to be false, unless
the applicant can demonstrate that the falsehood was the result of
excusable neglect.
(B)
Any
person, firm, corporation or organization applying for a license under
this chapter shall include with their application a fee of $25.
(Ordinance 2013-301 adopted 7/8/13)
(A)
The
applicant (person or organization) shall truthfully state in full
the information requested on the application and information shall
be submitted for each person for which a card is requested, to wit:
(1)
Name and address of present place of residence and length of residence
at such address of the applicant and each adult acting on the behalf
of the applicant; also business address if other than present address;
(2)
Address of place of residence during the past three years if other
than present address;
(3)
Age of applicant and each adult acting on the behalf of the applicant;
(4)
Physical description of the applicant adult acting on the behalf
of the applicant;
(5)
Date and place of birth for each person for whom a card is requested;
(6)
Name and address of the person, firm or corporation or association
whom the applicant is employed by or represents; and the length of
time of such employment or representation;
(7)
The motor vehicle make, model, year, color and state license plate
number of any vehicle which will be used by each person for whom a
card is requested;
(8)
If a license is requested for a peddler:
(a)
The name and permanent address of the business offering the event,
activity, good or service (i.e., the peddler’s principal).
(b)
A copy of the principal’s sales tax license as issued by the
state, provided that no copy of a license shall be required of any
business which appears on the city’s annual report of sales
tax payees.
(9)
Name and address of employer during the past three years if other
than the present employer and for each adult acting on the behalf
of the applicant;
(10)
Description sufficient for identification of the subject matter of
the soliciting in which the applicant will engage, including a copy
of any literature proposed to be distributed;
(11)
If the license is to be for less than one year, the period of time
for which the license is applied;
(12)
The date, or approximate date, of the latest previous application
for license under this chapter, if any;
(13)
Whether a license issued to the applicant under this chapter ever
been revoked;
(14)
A list of all infractions, offenses, misdemeanors and felony convictions
of each person for whom a license is requested for the seven years
immediately prior to the application;
(15)
Names of the three most recent communities where the applicant has
solicited house to house;
(16)
Proposed method of operation;
(17)
Signature of applicant;
(18)
Social security number of applicant;
(19)
Driver’s license number of applicant and each adult acting
on the behalf of the applicant; and
(20)
Number of licenses requested.
(B)
All
statements made by the applicant upon the application or in connection
therewith shall be under oath.
(C)
The
Police Department shall cause to be maintained an accurate record
of every application received and acted upon together with all other
information and data pertaining thereto and all licenses issued under
the provisions of this chapter, and of the denial of applications.
Applications for licenses shall be numbered in consecutive order as
filed, and every license issued, and any renewal thereof, shall be
identified with the duplicate number of the application upon which
it was issued.
(D)
No
license shall be issued to any person who has been convicted of the
commission of a felony, except crimes relating to political protest,
under the laws of the State of Texas or any other state or federal
law of the United States; nor to any person who has been convicted
of a violation of any of the provisions of this chapter; nor to any
person whose license issued hereunder has previously been revoked
as herein provided; nor any person convicted within the past seven
years of a misdemeanor involving moral turpitude.
(Ordinance 2013-301 adopted 7/8/13)
Each license shall be, when the individual for whom it was issued
is acting as a peddler or solicitor, worn on the outer clothing of
the individual or otherwise displayed, so to be reasonably visible
to any person who might be approached by said person. In addition
to the license being visible, the individual’s name and name
of the organization which they represent, if applicable, shall be
visible to the public.
(Ordinance 2013-301 adopted 7/8/13)
Unless revoked, a license shall be valid within the meaning
of this chapter for a period of one year from its date of issuance
or the term requested, whichever is less. The license shall state
the expiration date thereof.
(Ordinance 2013-301 adopted 7/8/13)
(A)
Grounds.
Any license issued hereunder shall be revoked by the city secretary
or his or her assignees if the holder of the license is convicted
in any court of a violation of any of the provisions of this chapter,
or has made a false material statement in the application, or otherwise
becomes disqualified for the issuance of a license under the terms
of this chapter.
(B)
Notice.
Immediately upon such revocation, written notice thereof shall
be given by the city to the holder of the license in person or by
certified United States mail addressed to his or her residence address
set forth in the application. Immediately upon the giving of such
notice, the license shall become null and void.
(C)
Appeal.
The licensee shall have ten days from the date of revocation
or denial in which to file notice of appeal to the City Council. Upon
receipt of an appeal the City Council will conduct a hearing on the
denial or revocation within 30 days from the date of receipt of the
appeal. After holding a hearing on the revocation or denial, the City
Council shall by majority vote either sustain the action or issue
an order reinstating the license. In the event of the filing of an
appeal from a revocation issued under the provisions of this section,
then, until such appeal has been determined by the City Council, such
revocation order shall be stayed.
(Ordinance 2013-301 adopted 7/8/13)
(A)
A person
issued a license under this chapter is prohibited from knocking on
the door, ringing the doorbell, or otherwise disturbing a residence
or household displaying on the door or another conspicuous location
any words indicating that the resident does not wish to be disturbed
by solicitors or peddlers. Such words may include, but are not limited
to “NO SOLICITING.”
(B)
Upon
arriving at a residence or household displaying words described in
division (A), a person issued a license under this chapter shall immediately
and peacefully depart from the premises and shall not leave any material,
merchandise, or literature whatsoever on the premises.
(Ordinance 2013-301 adopted 7/8/13)
(A)
No
peddler, solicitor or canvasser shall engage in any conduct, activity
or gesture which is threatening, offensive or obnoxious in order to
gain access or maintain access or contact with any person, such as
but not limited to, preventing the closing of a door or gate by physical
means.
(B)
Every
peddler, solicitor or canvasser shall identify himself or herself
as a solicitor upon approaching a citizen at a residence and explain
his or her purpose, whether it be direct sales, solicitation of orders,
or the demonstration of goods or merchandise, or any combination of
such purposes.
(C)
Every
commercial peddler and solicitor shall provide identification when
requested by the citizen they are approaching, or if requested by
a peace officer.
(D)
Any
peddler, solicitor or canvasser who has gained entrance to any residence,
whether invited or not, shall immediately and peacefully depart from
the premises when requested to do so by the occupant.
(E)
No
peddler, solicitor or canvasser shall 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.
(F)
No
peddler, solicitor, canvasser or any person working on their behalf,
shall shout, make any outcry, blow a horn or whistle, ring a bell,
or use any sound device, including any loud-speaking radio or sound-amplifying
system, upon any of the streets, avenues, alleys, parks or other public
places of the city, or upon any private premises of the city where
sound of sufficient volume is emitted or produced therefrom to be
capable to be plainly heard upon the streets, avenues, alleys, parks
or other places, for the purpose of attracting attention to the location
or to any goods, wares or merchandise which any person permitted pursuant
to this chapter proposes to sell. This division also prohibits the
use of any audio device for the purpose of attracting customers to
retail establishments or merchants.
(G)
No
peddler, solicitor, or canvasser shall enter a private residence under
false pretenses.
(H)
The
licensee is responsible for all actions of the persons acting on its
behalf within the scope of the license issued.
(I)
No
children under the age of 18 shall be permitted to peddle, solicit
or canvass without being accompanied and supervised by the licensee
or an adult acting on behalf of the licensee.
(Ordinance 2013-301 adopted 7/8/13)
It is hereby declared to be unlawful and shall constitute a
nuisance for any person, whether registered under this chapter or
not, to go upon any premises and ring the door bell upon or near any
door of a residence located thereon, or rap or knock upon any door
or create any sound in any other manner calculated to attract the
attention of the occupant of such residence, for the purpose of securing
an audience with the occupant and engage in soliciting or peddling
as herein defined, prior to 9:00 a.m. or after 7:00 p.m. of any day,
or at any time on a Sunday or on a state or national holiday. This
section shall not apply when the peddler, solicitor, or canvasser
has an express invitation from the resident or occupant of a dwelling
allowing him or her to enter upon any posted property.
(Ordinance 2013-301 adopted 7/8/13)
In addition to the other regulations contained herein, a solicitor
or canvasser leaving handbills or commercial flyers in the city shall
observe the following regulations:
(A)
No
handbill or flyer shall be left at, or attached to any sign, utility
pole, transit shelter or other structure within the public right-of-way.
The police are authorized to remove any handbill or flyer found within
the right-of-way.
(B)
No
handbill or flyer shall be left at, or attached to any privately owned
property in a manner that causes damage to such privately owned property.
(C)
No
handbill or flyer shall be left at, or attached to any property displaying
a “NO SOLICITING” sign, or any words to that effect.
(D)
Any
person observed distributing handbills or flyers shall be required
to identify himself or herself to the police, either by producing
a license or other form of identification. The purpose of this division
is to identify perpetrators in the event that a city official or a
member of the Police Department receives a complaint of damage caused
to a private property during the distribution of handbills or flyers,
or violations of this chapter.
(Ordinance 2013-301 adopted 7/8/13)
(A)
Except
as permitted by the Tex Transportation Code, sec. 552.0071, as amended,
it shall be unlawful for any person within a roadway, or on any median,
sidewalk, or traffic island within the right-of-way of any street
or highway within the city to:
(B)
An
offense under this section occurs when the offer, solicitation or
distribution is made regardless of whether a transaction is completed.
(Ordinance 2013-301 adopted 7/8/13)
(A)
The
city shall have the power to administer and enforce the provisions
of this chapter as may be required by governing law. Any person violating
any provision of this chapter is subject to suit for injunctive relief
as well as prosecution for criminal violations. Any violation of this
chapter is hereby declared a nuisance.
(B)
Nothing
in this chapter shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this chapter
and to seek remedies as allowed by law, including, but not limited
to the following:
(1)
Injunctive relief to prevent specific conduct that violates the section
or to require specific conduct that is necessary for compliance with
the section;
(2)
Civil penalty up to $500 a day when it is shown that the defendant
was actually notified of the provisions of the section and after receiving
notice committed acts in violation of the section or failed to take
action necessary for compliance with the section; and
(3)
Other available relief.
(Ordinance 2013-301 adopted 7/8/13)
An offense under this chapter is a class C misdemeanor. Any
person violating any provision of this chapter, upon conviction, shall
be punished in accordance with Tex. Penal Code, sec. 12.23, punishments,
class C misdemeanor. Each violation occurrence of this chapter shall
constitute a separate offense.
(Ordinance 2013-301 adopted 7/8/13)
