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
(3) 
Other available relief.
(Ordinance adopted 8/1/2017)