The following words and phrases, when used in this article shall
have the meanings ascribed to them by this section, except where the
context indicates otherwise:
Canvass.
For the purposes of this article, to examine or discuss in
detail; to make subject of discussion or debate; go through places
or among people asking, requesting or engaging for vote/opinions concerning
religious, political, or other topics of public concern but in no
event shall be construed to mean solicitation of funds or soliciting
merchandise as provided herein.
Charitable purpose.
Philanthropic, religious or other nonprofit persons; the
benefit of any church or religious society, sect, group or order;
the benefit of a patriotic or veterans’ association or organization;
the benefit of any fraternal, social or civic organization, or the
benefit of any educational institution. “Charitable purpose”
shall not be construed to include any direct benefit to the individual
making the solicitation, or to include the benefit of any political
group or political organization which is subject to financial disclosure
under state or federal law.
Consumer.
An individual who seeks or acquires real or personal property,
services, money, or credit for personal, family or household purposes.
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 matter or literature.
Handbill distributor.
Any person engaging or engaged in the business of distributing
handbills, other than newspapers distributed to subscribers thereof,
and any person not compensated or compensated directly or indirectly
for the distribution of such handbills.
Handbill sponsor.
Any person, firm or corporation who utilizes handbills as
a medium of advertising or spreading a message.
Home solicitation.
Canvassing or soliciting in person or by telephone call from
house to house for the purposes of selling or attempting to sell goods,
merchandise, wares, services or anything of value or to take or attempt
to take orders for the future delivery of goods, merchandise, wares,
or any personal property of any nature whatsoever, or to take or attempt
to take orders for services to be furnished or performed in the future.
Home solicitation transaction.
A consumer transaction for the purchase of goods, services,
or realty, payable in installments or in cash, in which the peddler
engages in a personal solicitation of the sale to the consumer at
a residence, in person or by telephone, and the consumer’s agreement
or offer to purchase is given at the residence to the peddler in person
or by telephone. A home solicitation transaction shall not include
a sale made pursuant to prior negotiations between the parties at
a business establishment at a fixed location where goods or services
are offered or exhibited for sale; or a sale of realty in which transaction
the purchaser is represented by a licensed attorney or in which the
transaction is being negotiated by a licensed real estate broker.
Itinerant vendor.
Any person who sets up and operates a temporary business
on privately owned property, whether improved or unimproved, in the
city, soliciting, selling, or taking orders for, or offering to sell
or take orders for any goods or services. A temporary business is
one that continues for forty-five (45) days or less and exists whether
solicitation is from a stand, vehicle, or freestanding. Any business
that exists more than forty-five (45) days shall be deemed to be a
permanent occupancy and is required to obtain a certificate of occupancy
from the city.
Peddler, solicitor, or person.
Any individual, firm, company, partnership, corporation,
association, trust, society, religious sect, organization, league,
or other legal entity and includes any trustee, receiver, assignee,
agent, or similar representative.
Person.
An individual, corporation, trust, partnership, association,
or any other legal entity.
Public right-of-way.
The traveled portion of a roadway, traffic medians and the
area that is within 10 feet of the curbline. In absence of a curbline,
the area within 10 feet of the shoulder of a road or highway.
Residence.
Any separate living unit occupied for residential purposes
by one or more person, contained within any type of building or structure.
Solicit funds or solicitation of funds.
Any home solicitation transactions; any request for the donation
of money, property, or anything of value, or the pledge of a future
donation of money, property, or anything of value; or the selling
or offering for sale of any property, real or personal, tangible or
intangible, whether of value or not, including, but not limited to,
goods, books, pamphlets, tickets, publications or subscriptions to
publications. Expressly excluded from the meaning of “solicit
funds” or “solicitation of funds” is any offer of
membership in any organization. A solicitation of funds is complete
when the solicitation is communicated to any individual then located
within the corporate limits of the city.
Solicitation, soliciting, solicited or any other form of the
word solicit.
The act of asking, begging, bartering, pleading or communicating
in any other such manner, whether orally, by written and or printed
material including but not limited to handbills or leaflets, hand
signing or by any other method, direct or implied, by an individual
or group of individuals for the purpose of educating, promoting, receiving
or obtaining money, alms, gifts or items of value, real or intrinsic
for said individual or group of individuals, or for profit organization,
a non-profit organization, joint venture, joint stock company, partnership,
club, company, corporation, business, trust, establishment, religious
institution or religion association, or any other organization or
affiliate thereof, and includes a home solicitation and home solicitation
transaction.
(Ordinance 120605A, sec. 1, adopted 6/5/2012)
Any person, or persons, found in violation of, or failing to comply with any provision of this article shall be fined, upon conviction, in accordance with section
1.01.009 of this code, for each offense. Each day any violation or noncompliance continues shall constitute a separate offense.
(Ordinance 120605A, sec. 22, adopted 6/5/2012; Ordinance adopting Code)
(a) Except
as hereinafter provided, it shall be unlawful for any person to peddle,
solicit, hawk, sell or take orders for or offer to take orders for
any item or service at any residence which shall exhibit in a conspicuous
place upon or near the main entrance to the residence containing the
words “NO SOLICITORS.” The letters shall be not less than
two-thirds (2/3) of an inch in height and should be displayed on a
weatherproof card not less than three (3) inches by four (4) inches
in size.
(b) Every
peddler or other person intending to engage in a charitable or noncharitable
solicitation, place handbills, or canvass, going onto any premises
upon which a residence is located shall first examine the residence
to determine if any notice prohibiting soliciting is exhibited upon
or near the main entrance to the residence. If notice prohibiting
soliciting is exhibited, the peddler shall immediately depart from
the premises unless the visit is the result of a request made by the
occupant.
(c) No person shall go upon any residential premises and ring the doorbell, or rap or knock upon the door, or create any sound in a manner calculated to attract the attention of the occupant of the residence, for the purposes of securing an audience with the occupant and engaging in or attempting to engage in a charitable solicitation, non-charitable solicitation or home solicitation transaction, or place handbills, or canvass if a card as described in subsection
(a) of this section is exhibited in a conspicuous place upon or near the main entrance to the residence, unless the visit is a result of a request by the occupant.
(d) A
person engaged in a charitable or non-charitable solicitation shall
not:
(1) Misrepresent the purpose of the solicitation or offer to sell.
(2) Misrepresent the affiliation of the vendor or solicitor.
(3) Continue efforts to sell to or solicit from an individual once that
individual informs the vendor or solicitor that he does not wish to
give anything to or to buy anything from that vendor, peddler or solicitor.
(Ordinance 120605A, sec. 2, adopted 6/5/2012)
The provisions of this article do not apply to a public utility
company, or other person(s) engaged in canvassing as defined herein,
or any other person operating under a franchise agreement.
(Ordinance 120605A, sec. 3, adopted 6/5/2012)
(a) It
shall be unlawful for any peddler to engage in the business of peddling
within the city between the hours of one-half (1/2) hour before sunset
and 9:00 a.m. the following morning. There shall be no solicitations
on Sunday, New Years Day, Fourth of July, Memorial Day (observed),
Labor Day (observed), Thanksgiving, or Christmas Day.
(b) This
section does not apply if the solicitor is on the property by prior
invitation of the resident or occupant of the premises.
(Ordinance 120605A, sec. 4, adopted 6/5/2012)
(a) A
person may solicit in or upon the public right-of-way, except those
areas prohibited in this article, provided such person has obtained
a permit or is a member of an organization that has obtained a permit.
(b) Solicitation in the public right-of-way shall be conducted only during the hours from 9:00 a.m. to one-half (1/2) hour before sunset as prescribed in section
4.03.005, Hours of operation.
(c) It
shall be unlawful for a person younger than eighteen (18) years of
age to solicit in the public right-of-way.
(d) It
shall be unlawful for a solicitor at any time to enter or remain in
the traveled portion of the roadway of residential streets so that
their presence impedes the flow of traffic.
(e) 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 from the nearest property line of the public
or private elementary or secondary school.
(f) Persons
conducting solicitations shall, at all times during which solicitations
are being conducted, wear a traffic safety vest.
(Ordinance 120605A, sec. 5, adopted 6/5/2012)
It shall be unlawful for any person to solicit, at any time,
in the public rights-of-way, or within one thousand (1,000) feet of
the following intersections: Main and Broadway, Main and Columbus,
Main and Pine, Main and Spruce; or any other interstate highway, state
highway or farm to market road in the city.
(Ordinance 120605A, sec. 6, adopted 6/5/2012)
It shall be unlawful for any person to paste, stick, or place
any advertisement, handbill, placard, printed, pictures 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.
(Ordinance 120605A, sec. 7, adopted 6/5/2012)
The city secretary shall maintain a list of persons within the
city who restrict visits to their residential property (including
their leasehold in the case of a tenant) by peddlers, solicitors and
canvassers. The city secretary may provide a form to assist residents,
and this form may allow the resident to select certain types of visits
that the resident finds acceptable while refusing permission to others.
This “no visit” list shall be a public document, and available
for public inspection and copying. A copy of the “no visit list”
shall be provided to each applicant for and each recipient of a permit.
(Ordinance 120605A, sec. 21, adopted 6/5/2012)
(a) No
person, directly or through an agent, shall solicit in person from
house to house in the city to sell or attempt to sell goods, merchandise,
wares, services, or anything of value or to take or attempt to take
orders for the future delivery of goods, merchandise, wares, or any
personal property of any nature whatsoever or take or attempt to take
orders for services to be furnished or performed in the future, without
first having obtained a written permit or to solicit funds for charitable
purposes without first having registered with the city.
(b) It
shall be unlawful for any person to engage in business as an itinerant
vendor, peddler or solicitor within this city without first obtaining
a permit to do so.
(Ordinance 120605A, sec. 8, adopted 6/5/2012)
(a) The
application for a permit for a peddler or itinerant vendor required
by the provisions of this article shall state or contain the following:
(1) A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any state or federal law
or municipal article or code; the nature of the offense; the punishment
or penalty assessed therefor, if previously convicted; and the place
of conviction.
(2) Whether the applicant, upon any sale or order, shall demand, accept
or receive payment or deposit of money in advance of final delivery.
(3) The period of time the applicant wishes to engage in business within
this city.
(4) The local and permanent address of the applicant.
(5) The local and permanent address and the name of the person, if any,
that the applicant represents.
(6) The kind of goods, wares, merchandise or services in which the applicant
wishes to engage in such business within the city.
(7) The last five (5) cities or towns wherein the applicant has worked
before coming to this city.
(8) Such other relevant information as may be required for the investigation
of the applicant.
(b) A
person who desires to solicit within the city shall make written application
with the city’s police department on a form provided by the
city. Such application shall contain at a minimum the following:
(1) The full and legally recognized names and any associated aliases,
logos, nicknames, and abbreviated names of the entity or person applying
for the permit;
(2) Whether the person applying is an individual, partnership, corporation
or association; and
(A) The business or residence address and telephone number of the applicant;
(B) If a partnership, the names of all partners and the principal business
address and telephone number of each partner;
(C) If a corporation, the person applying shall state whether it is organized
under the laws of this state or is a foreign corporation, and must
include the mailing address, business address, telephone number, name
of the individual in charge of such corporation, and, if a foreign
corporation, the place of incorporation;
(D) If an association, the application shall state the association’s
principal business address and telephone number, if any, and shall
state the names and principal business or residence addresses and
telephone numbers of all members of the association unless in excess
of ten (10) members, in which event the application shall so state
and the application must contain the name and principal business or
residence addresses and telephone numbers of the officers and directors
or trustees of the association. If the association is a part of a
multi-state organization or association, the application shall state
the mailing address and business address of its central office, in
addition to the mailing address and business address of the local
office;
(3) The names, mailing address and telephone number of all individuals
who will be in direct charge or control of the solicitation;
(4) The time period and dates during which the solicitation is to be
made the date of the commencement of solicitation and its projected
conclusion, and how often the applicant will solicit during the year;
(5) A description of the methods and means by which the solicitation
is to be accomplished;
(6) Any other information which the city deems necessary for the administration
of this article.
(c) The
application must be signed by the applicant, if the person applying
is an individual; or the applicant is a partnership, by the partner
charged with disbursing funds solicited; if a corporation or an association,
by the officer charged with disbursement of the funds solicited. The
individual signing the application shall sign the application and
swear before an officer authorized to administer oaths that such person
has carefully read the application and that all the information contained
therein is true and correct.
(d) The
application information provided by applicant will be subject to verification
by the police department.
(e) The
application shall also contain satisfactory written proof of the individual’s
authority to represent the applicant.
(f) The
application must be accompanied by a copy of a valid state sales tax
certificate, if applicable.
(Ordinance 120605A, sec. 9, adopted 6/5/2012)
At the time of filing of an application for a permit required
by this article, the applicant shall present his driver’s license
or state-issued identification card to the chief of police.
(Ordinance 120605A, sec. 10, adopted 6/5/2012)
It shall be unlawful for any person to give any false or misleading
information in connection with his application for a permit or registration
certificate with the city.
(Ordinance 120605A, sec. 11, adopted 6/5/2012)
At the time of making application for a permit required by this
article, the applicant shall submit to fingerprinting and photographing
by the chief of police.
(Ordinance 120605A, sec. 12, adopted 6/5/2012)
Before any permit shall be issued under the provisions of this
article, the applicant therefor shall pay a fee as set by the city
council and on file in the office of the city secretary.
(Ordinance 120605A, sec. 13, adopted 6/5/2012)
A permit fee shall not be required of:
(1) Duly
authorized, nonprofit charitable organizations, which are registered
as such with the Texas secretary of state.
(2) Any
person, entity or organization soliciting for a charitable purpose
as defined herein.
(3) Individuals
operating under a license granted by this state.
(Ordinance 120605A, sec. 14, adopted 6/5/2012)
No permit shall be issued under the provisions of this article
until the applicant shall have complied with all the provisions and
requirements of this article.
(Ordinance 120605A, sec. 15, adopted 6/5/2012)
(a) No
peddler or solicitor’s permit shall be issued to a corporation,
partnership or other impersonal legal entity, but each individual
person engaging in the business of peddling or soliciting within the
city shall be required to have a permit whether acting for himself
or as an agent or representative of another.
(b) A
permit or registration issued under the provisions of this article
shall not be assigned or transferred to any person, corporation, association,
or other entity. Any attempt to assign or transfer a permit or registration
issued by the city shall be cause for revocation.
(Ordinance 120605A, sec. 16, adopted 6/5/2012)
Each permit issued under the provisions of this article shall
be signed by the appropriate authority, shall be dated as of the date
of its issuance, and shall state the duration or term of such permit
on the face thereof. Any permit not dated and signed as herein provided,
or which was issued in violation of this section shall be void.
(Ordinance 120605A, sec. 17, adopted 6/5/2012)
Every itinerant vendor, peddler or solicitor having a permit
issued under the provisions of this article and doing business within
the city shall display his permit upon the request of any person and
failure to do so shall be deemed a misdemeanor.
(Ordinance 120605A, sec. 18, adopted 6/5/2012)
Except as herein provided, every permit issued under the provisions
of this article shall be valid for the period of time stated therein,
but in no event shall any such permit be issued for a period of time
in excess of thirty days. Permits issued to any person, entity or
organization soliciting for a charitable purpose as defined herein
shall be valid for period of one (1) year.
(Ordinance 120605A, sec. 19, adopted 6/5/2012)
(a) Failure
to comply with any of the provisions of this article shall constitute
grounds for revocation of any permit or registration issued in accordance
with the provisions of this article. Written notice of revocation
shall be given to the person by registered or certified mail.
(b) Any
person whose application for a permit or registration has been denied
or whose registration or permit is revoked may appeal such action
to the city council by submitting a written request to the city secretary’s
office within ten working days after denial or revocation as the case
may be. A hearing shall be held within 15 working days after the date
of the receipt of the notice of appeal. The city council designee
shall render a decision within one day of the hearing. The decision
of the city council shall be final.
(Ordinance 120605A, sec. 20, adopted 6/5/2012)