For purposes of this article:
Panhandling.
Any solicitation made in person requesting an immediate donation
of money or thing of value. Panhandling includes the purchase of an
item or service under circumstances where a reasonable person would
understand that the purchase is in substance a donation. Charitable
solicitation for a 501(c)(3) entity is not panhandling.
(Ordinance adopted 8/1/2017)
Panhandling is prohibited all hours of the day in all portions
of the city.
(Ordinance adopted 8/1/2017)
Panhandling is prohibited within all portions of the city or
located within the city limits at any hour.
(Ordinance adopted 8/1/2017)
The following types of panhandling are prohibited at all times
and locations within the city:
(1) By
blocking the path of the person solicited along that person’s
immediate path;
(2) By
following a person who walks away from the panhandler;
(3) By
using profane or abusive language, either during the solicitation
or following a refusal; or
(4) By
any statement, gesture, or other communication which a reasonable
person in the situation of the person solicited would perceive to
be a threat.
(Ordinance adopted 8/1/2017)
The following use or misleading statements or representations
made during the course of soliciting a donation is prohibited:
(1) Stating
that the solicitor is homeless when he/she is not;
(2) Stating
that the solicitor is from out of town and stranded when that is not
true;
(3) Using
makeup or device to simulate any deformity;
(4) Wearing
or displaying an indication of physical disability when the solicitor
does not suffer the disability indicated;
(5) Wearing
a military uniform or other indication of military service when the
solicitor is neither a present nor former member of the service indicated;
or
(6) Stating
that the donation is needed to meet a need which does not exist or
the solicitor already has sufficient funds to meet.
(Ordinance adopted 8/1/2017)
Notwithstanding the provisions of sections
8.06.002 and
8.06.003 and, as authorized by section 552.0071 of the Texas Transportation Code, a person or persons shall be authorized to stand in a roadway to solicit a contribution to an organization defined as charitable by the standards of the United States Internal Revenue Service if:
(1) The
person or persons to be engaged in the solicitation are employees
or agents of the city or county or the city’s volunteer department;
(2) The
person seeking such authorization, not later than the eleventh day
before the date the solicitation is to be shall have filed an application
with the city providing the following information:
(A) The date or dates and times when the solicitation is to occur;
(B) Each location at which solicitation is to occur;
(C) The number of solicitors to be involved in solicitation at each location;
and
(3) The
applicant shall have furnished the city proof of liability insurance
providing a limit of at least $1,000,000.00 to cover damages that
may arise from the solicitation and providing coverage against claims
against the applicant and claims against the city.
(Ordinance adopted 8/1/2017)
(a) The
city shall have the power to administer and enforce the provisions
of this article as may be required by governing law. Any person violating
any provision of this article is subject to suit for injunctive relief
as well as prosecution for criminal violations. Any violation of this
article is hereby declared to be a nuisance.
(b) Any
person violating any provision of this article shall, upon conviction,
be fined a sum not exceeding five hundred dollars ($500.00). Each
day that a provision of this article is violated shall constitute
a separate offense. An offense under this article is a class C misdemeanor.
(c) Nothing
in this article shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this article
and to seek remedies as allowed by law, including, but not limited
to the following:
(1) Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2) A civil penalty up to five hundred dollars ($500.00) a day when it
is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(Ordinance adopted 8/1/2017)