(a)
The purpose of this article is to provide for the general health,
public safety and welfare, comfort, convenience and protection of
the city and the residents of the city by:
(1)
Prohibiting door-to-door solicitation and canvassing activity
at residences during the times when such activity is most intrusive
and disruptive to citizens' privacy;
(2)
Regulating the manner in which any solicitation activity, canvassing
activity or handbill distribution may occur to promote good order,
prevent litter and protect citizens from aggressive and intimidating
practices; and
(3)
Requiring solicitors to register with the city to aid crime
detection and deter deceptive practices and fraud.
(b)
The provisions of this article shall be construed to accomplish these
purposes.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
In this article:
The chief of police or some other employee of the City of
Richland Hills designated by the chief of police.
A person who engages in canvassing activities.
The act of:
Traveling either by foot or vehicle, going door-to-door, house-to-house,
building-to-building; or
Occupying space in or traveling on or through any public place
in the city; personally contacting persons to communicate in any manner,
whether orally, by written or printed materials including, but not
limited to, handbills, leaflets, hand signing or by any other method,
direct or implied, for any purpose other than selling or taking orders
for goods, wares, merchandise or services or collecting money.
The chief of police of the city.
The city manager of the city.
The city secretary of the city.
The City of Richland Hills, Texas.
The solicitation at a residence through the attempt or act
of asking, bartering, or communicating in any manner for the purpose
of selling or offering to sell goods, services, or realty, which includes
promoting, advertising, receiving or obtaining money, gifts or items
of value.
The time of day identified by the United States Naval Observatory
as being after the end of civil twilight on a particular day in the
city.
A list, developed and maintained by the police chief, or
his or her designee, of residences where the property owner or occupant
has indicated that they do not wish to be solicited.
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 manner.
Traveling either by foot or vehicle, going door-to-door,
house-to-house or building-to-building without personally contacting
persons to distribute or leave on or at each premises handbills for
any purpose.
Any person other than a publication solicitor, engaged as
a solicitor.
A letter, package(s), or other items commonly transported
and delivered by the United States Post Office, or by delivery service
which requires a delivery statement specifically addressed to the
address at which it is delivered and an addressee located at that
location, or by a delivery service which delivers materials subscribed
to by a person living at the address to which the subscribed materials
are delivered.
A person who has not been emancipated and who is under the
age of seventeen.
A vehicle that is subject to registration under V.T.C.A.,
Transportation Code chapter 502, or its successor chapters.
Any published materials that are printed and distributed,
both daily and nondaily, to disseminate current news and information
of general interest to the public.
Any person, other than a publication solicitor, engaged in
requesting contribution of funds, property, or anything of value,
or the pledge of any type of future donation, or selling or offering
for sale any type of property, including but not limited to goods,
tickets, books, and pamphlets, or political, charitable, religious,
or other noncommercial purposes.
An organization or entity that is exempt from the payment
of tax pursuant to section 501(c)(3) of the Internal Revenue Code.
An established outlet, office, or location operated by a
retailer, the retailer's agent, or the retailer's employee
for the purpose of receiving orders for taxable items. The term includes
any location at which three (3) or more orders are received by a retailer
in a calendar year. A location such as a warehouse, storage yard,
or manufacturing plant is not a "place of business" unless at least
three orders for taxable items are received by the retailer during
a calendar year.
Any itinerant merchant or itinerant vendor who sells or takes
orders for sales of newspapers, magazines, or other publications,
including audio and visual recordings.
To sell, dispense, peddle, display, offer to sell or solicit
for sale by offering or exposing for sale any goods, wares, merchandise
or services.
Traveling either by foot or vehicle, going door-to-door,
house-to-house or building-to-building personally contacting persons
to ask, barter or communicate in any manner, whether orally, by written
or printed materials including but not limited to handbills or leaflets,
hand signing, or by any other method, direct or implied, for the purpose
of selling or taking orders for goods, wares, merchandise or services
or collecting money for any purpose.
Any person who engages in solicitation activities.
A high visibility vest made of fluorescent material that
may be clearly seen at any time of the day and is issued through the
police department for the purposes of this article.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
(a)
This article does not apply to:
(1)
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;
(2)
The activity of a person acting at the request or invitation
of the owner or occupant of a residence;
(3)
Sales made under the authority of and by judicial order;
(4)
The activity of a government employee acting within the course
and scope of their official duties serving, delivering or posting
official notices including notices of code violations, water restrictions,
utility outages, burn bans, special event impacts or security issues;
or
(5)
The activity of a person under the authority of a permit issued
under article III, "food service establishments," of this chapter.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
(a)
A person commits an offense if the person engages in solicitation
or canvassing activity at the following times:
(1)
No person may conduct commercial home solicitations or handbill
distributions before the hour of 9:00 a.m.;
(2)
After 8:00 p.m.;
(3)
Sunday; or
(4)
Any of the following holidays: New Year's Day; Martin Luther
King's Birthday; Washington's Birthday; Memorial Day; Independence
Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; the
day after Thanksgiving, Christmas Eve, and Christmas Day.
(b)
A person commits an offense if the person engages in solicitation
activities, canvassing activities, or handbill distribution at a premises
with a posted notice that such activity is not welcomed or invited.
It shall be presumed that there is notice that solicitation or canvassing
activity is not welcomed or invited when there is exhibited in a conspicuous
place on or near the main entrance of the premises, a sign, not less
than four (4) inches by three (3) inches in size, containing the words
"no solicitors," "no trespassing," or words of similar meaning in
letters not less than two-thirds (2/3) of one inch in height.
(c)
A person who is not the owner or tenant of a premises commits an offense if the person removes, defaces or otherwise renders illegible a sign placed by the owner or tenant of the premises pursuant to subsection (b).
(d)
A person commits an offense if the person engages in solicitation
activities, canvassing activities, or handbill distribution and remains
or lingers on a premises after being informed by the owner or tenant
that they are not welcome.
(e)
A person commits an offense if the person engages in solicitation
activities, canvassing activities, or handbill distribution in an
aggressive or intimidating manner. The term "aggressive or intimidating
manner" means:
(f)
A person commits an offense if the person engages in solicitation
activities, canvassing activities, or handbill distribution and distributes,
deposits, places, throws, scatters, or casts a handbill at a residence
except by:
(1)
Handing or transmitting the handbill directly to the owner or
occupant than present in or upon the premises; or
(2)
Without using adhesive or tape, placing or depositing the handbill
in a manner that secures the handbill and prevents it from being blown
away, except that mailboxes may not be used when the use is prohibited
by federal postal laws or regulations.
(g)
A person commits an offense if the person secures a handbill at a residence in the manner described by subsection (f)(2):
(h)
A person commits an offense if the person engages in solicitation
activities, canvassing activities or handbill distribution without
wearing a traffic safety vest.
(i)
A person commits an offense if the person is registered or is required
to be registered with the state or any other state as a sex offender
and engages in solicitation activities, canvassing activities or handbill
distribution.
(j)
Commercial home solicitation on private property.
(1)
It shall be unlawful for any person to conduct commercial home
solicitation or commercial home distribution upon residential property
within the city without first obtaining a written solicitor permit
as required by this article.
(2)
It shall be unlawful to approach any part of a residence other
than the front door.
(k)
Exhibiting card prohibiting solicitors.
(1)
Every solicitor upon 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 any notice prohibiting soliciting is exhibited,
the solicitor shall immediately depart from the premises without disturbing
the occupant unless the visit is the result of a request made by the
occupant.
(2)
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 attention of the occupant of the residence for the purpose of securing an audience with the occupant and engaging in or attempting to engage in the business of solicitation if a card as described in subsection (b) of this section is exhibited in a conspicuous place upon or near the main entrance to the residence unless the visit is the result of a request made by the occupant.
(l)
Request to leave.
(1)
Any solicitor who has gained entrance to a residence or audience
with the occupant, whether invited or not, shall immediately depart
from the premises without disturbing the occupant further when requested
to leave by the occupant.
(m)
Do not solicit list.
(1)
The police chief, or designee, shall develop and maintain a
list of residences where solicitation is prohibited and such list
shall be referred to as the do not solicit list.
(2)
Any property owner or occupant may elect to add or remove his
or her residence to or from the do not solicit list through the procedures
developed by the police chief. The property owner or occupant making
such a request will be required to affirm that he or she is an owner
or occupant of the residence, and is making the request on their behalf
and on behalf of any other occupant at that address.
(3)
The police chief shall make the do not solicit list available
on the city's website and to any person upon request.
(4)
The police chief shall provide a copy of the do not solicit
list to each person issued a solicitor permit under this article.
(5)
Solicitation of any residence on the do not solicit list shall
be grounds for the immediate revocation of the solicitor's permit.
(n)
Cleanliness of products and vehicles; honest weights and measures
required.
(o)
Every person who shall comply with this article and shall sell, or
offer for sale, any of the articles as herein specified, shall at
all times keep the same in a clean and sanitary condition, and shall
also keep their wagons, vehicles, or other conveyances in a clean
and sanitary condition, and they shall not give, or make, any false
weights or measures of any of the various articles as specified and
covered by this article.
(p)
Consent to enter residences. It shall be unlawful for any solicitor
except as herein provided, to go inside of a private residence in
the city unless requested or invited so to do by the owner or occupant
of said residence for the purpose of selling or dispensing of or peddling
the same.
(q)
Handbill restrictions.
(1)
No person shall throw or deposit or cause any handbill to be
placed in or upon more than three vehicles at the same location.
(2)
No person shall throw or deposit any handbill in or upon any
private premises which are known to the person to be temporarily or
continuously uninhabited or vacant.
(3)
No person shall distribute, deposit, place, or throw any handbill in or upon any private premises which are inhabited if the premises has a sign posted providing that there is no solicitation on the premises or similar sign as set out in subsection (b) or if the location is on the list set out in subsection (m). Provided however, in the case of inhabited private premises which are not posted as provided in this article, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere. In no event shall such handbill be deposited in a mailbox when so prohibited by federal postal laws or regulations.
(r)
Traffic safety vest requirement; display of solicitor permit.
(1)
Each solicitor or handbill distributor shall purchase and wear
a traffic safety vest provided by the city and displaying in the color
designated for the current year.
(2)
Each solicitor permit shall be worn as part of the traffic safety
vest required to be worn by the individual who was issued the solicitor
permit.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
(a)
A person commits an offense if the person conducts solicitation activities
from a vehicle and:
(1)
The solicitation is conducted at a location within the right-of-way
of any street or highway in the city which is designated as a highway
or freeway, major or minor arterial on the city's thoroughfare
plan; or
(2)
The person stops the vehicle within a roadway to conduct business
before the vehicle has been approached, called, or waived down by
a prospective customer.
(b)
A person commits an offense if the person operates a vehicle from
which solicitation activities are conducted upon any street or highway
within the city in a manner that blocks or impedes access to or from
any alley, street or driveway, or impedes the flow of traffic on any
public street or highway.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
(a)
Any person violating any of the provisions of this article shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall
be fined not more than five hundred dollars ($500.00) for each offense
under this article. Each attempted or completed act of handbill distribution
or solicitation or canvassing activity shall constitute a separate
and distinct offense.
(b)
In case of any willful violation of any of the terms and provisions of this article, the city, in addition to imposing the penalties provided in subsection (a), may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the definition of any violation as a misdemeanor shall not preclude the city from invoking the civil remedies given it by the laws of the state.
(c)
The court trying a civil or criminal cause under subsections (a) or (b) shall have the right and power upon judgment or conviction of any person for violation of any of the provisions of this article to decree and to make as a part of the judgment or conviction in such cause the forfeiture of the solicitor permit required by this article. When a solicitor permit is forfeited in this manner, no further certificate shall be issued to that person for one (1) year from the date of judgment or conviction.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
(a)
A person commits an offense if the person engages in solicitation
activities in the city without a valid solicitor permit issued by
the administrator.
(b)
A solicitor permit shall be valid for one (1) year following the
date of its issuance unless a shorter period is requested by the applicant.
(c)
An applicant for a solicitor permit shall pay a nonrefundable application
fee at the time the application is submitted.
(d)
The amount of the nonrefundable application fee shall be set forth in appendix A of the code. If a person, firm, corporation or organization engages in solicitation activity through two or more agents, employees or volunteers the nonrefundable application fee for each additional agent, employee or volunteer shall be set forth in appendix A of the code. The nonrefundable application fee shall be used for the purpose of defraying administrative expenses incident to the issuing of a solicitor permit.
(e)
A nonprofit organization or a person conducting solicitation activity
on behalf of a nonprofit organization is exempt from payment of the
application fee requirement set forth in this section.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
A person desiring to conduct handbill distribution or solicitation
activities within the city shall complete a solicitor permit application
prior to any distribution or solicitation. The application shall contain
or be submitted with the following information:
(1)
The full name, date of birth, phone number and address of the applicant;
(2)
A valid state driver's license number or a state-approved identification
card number (the administrator will make a photocopy and attach to
the application) of the applicant;
(3)
Except as provided by section 18-193(c), two photographs of the applicant, measuring 1.5" x 1.5" and showing the head and shoulders of the applicant in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before filing the application;
(4)
If a vehicle or vehicles are used to conduct the solicitation activity,
a description of each vehicle, its license plate number and vehicle
identification number, the name and license number of the driver who
will operate each vehicle, and adequate proof under state law that
each driver maintains financial responsibility for the vehicle they
will operate shall be attached to the application;
(5)
If the applicant is acting as an employee, agent or volunteer, the
name and physical street address (not a post office box) and telephone
number of the employer, principal or organization with credentials
in written form establishing the relationship and authority of the
employee, agent or volunteer to act for the employer, principal or
organization;
(6)
If applicable, the merchandise to be sold or offered for sale, the
nature of the services to be furnished;
(7)
The approximate time period within which the solicitation is to be
made, stating the date of the beginning of the solicitation activity,
its projected conclusion and the proposed dates and times of solicitation;
(8)
Whether the applicant, upon any order obtained, will demand, accept or receive payment or the deposit of money in advance of final delivery, and if so, a copy of the bond required by section 18-194;
(9)
If the applicant, or the applicant's employer or principal has
pled guilty, or nolo contendere to, or has been convicted of a felony
or misdemeanor involving fraud, deceit, theft, embezzlement, burglary,
larceny, fraudulent conversion, misrepresentation, or misappropriation
of property within ten (10) years preceding the date of application,
a description of each such conviction or plea, the name of the court
and jurisdiction in which the complaint or indictment was filed and
the date of the offense;
(10)
If the applicant, or the applicant's employer or principal
is a person against whom a civil judgment or administrative decision
based upon fraud, deceit, theft, embezzlement, burglary, larceny,
fraudulent conversion, misrepresentation, or misappropriation of property
has been entered or ordered within ten (10) years preceding the date
of application, a description of judgment or action, the case or cause
number, if any, and the court or administrative agency that rendered
the judgment or decision;
(11)
If the solicitation activity is to be conducted on behalf of
a nonprofit organization, proof of such status shall be attached to
the application;
(12)
The names of all cities in which the applicant has conducted
solicitation or handbill distribution in the past six (6) months;
(13)
It shall be the responsibility of a licensed handbill distributor
to update the information provided on application for a handbill distribution
solicitor permit as such information may change.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
(a)
A minor who conducts solicitation activities shall be sponsored or
employed by a person over the age of eighteen (18), a corporation,
firm or organization. The person, corporation, firm or organization
that is sponsoring or employing the minor(s) is responsible for controlling
the conduct of the minors and the minors shall be under the constant
supervisor of a person eighteen (18) years of age or older.
(b)
A person, corporation, firm or organization that sponsors or employs one or more minors as solicitors may submit one (1) application and pay one nonrefundable application fee, in the amount set forth in appendix A, for the permitting of the minors, regardless of the number of minors who conduct solicitation activities. The sponsor or employer shall provide the administrator the name(s), date(s) of birth, address(es), driver's license number(s) (if applicable), and a notarized consent form for each minor who will be conducting solicitation activities. The consent form, which shall be provided by the administrator, shall acknowledge the release of the information set forth above and shall be signed by the parent or legal guardian of the minor.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
(a)
Solicitors who require cash deposits or advance payments for future delivery of goods or for services to be performed in the future or who require an agreement to finance the sale of goods for future delivery or for services to be performed in the future, shall furnish to the city a bond with the application in the amount determined in subsection (c), signed by the applicant and a surety company authorized to do business in the state:
(1)
Conditioned upon the final delivery of goods or services in
accordance with the terms of any order obtained;
(2)
To indemnify purchasers for defects in material or workmanship
that may exist in the goods sold and that are discovered within 30
days after delivery; and
(3)
For the use and benefit of persons, firms, or corporations that
may make a purchase or give an order to the principal of the bond
or to the agent or employee of the principal of the bond.
(b)
If a person, firm, or corporation is engaging in solicitation activities
through one or more agents, employees, or volunteers, only one bond
is required for the activities of all the agents, employees or volunteers.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
(a)
Upon receipt of an application, the administrator shall review the
application to ensure compliance with this article.
(b)
The administrator shall authorize the permit within thirty (30) days
of receipt of the application unless:
(1)
An investigation reveals that the applicant or the applicant's
employer, principal or organization falsified information on the application;
(2)
Within ten years preceding the date of application, the applicant
or the applicant's employer, principal or organization has pled
guilty or nolo contendere to, or has been convicted of, a felony or
misdemeanor described in section 18.192(9);
(3)
Within ten years preceding the date of application, a civil
judgment or administrative decision described in section 18.192(10)
has been entered or ordered against the applicant or the applicant's
employer, principal or organization;
(4)
The applicant provided no proof of authority to act on behalf
of the employer, principal or organization;
(c)
The denial and the reasons for the denial shall be noted on the application,
and the applicant shall be notified of the denial by notice mailed
to the applicant and the applicant's employer, principal or organization
at the address shown on the application or the last known address.
The notice of denial shall be mailed within thirty (30) days of the
receipt of the application.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
(a)
Upon authorization of the solicitor permit, the administrator shall
deliver a permit for each solicitor.
(b)
The solicitor permit shall be in the form of a photo identification
tag and shall contain the following information:
(1)
The name and address of the solicitor;
(2)
The solicitor's employer, principal or organization, if
applicable;
(3)
The kind of goods or services to be sold or offered for sale,
if applicable;
(4)
A description and license plate number of any vehicle to be
used in carrying out the solicitation activities, if applicable;
(5)
A solicitor permit number; and
(6)
The dates of issuance and expiration of the certificate.
(c)
The solicitor permit shall be worn constantly on their traffic safety
vest by the permit holder while conducting solicitation activities
in the city. A person commits an offense if the person engages in
solicitation activities and fails or refuses to show or display the
solicitor permit upon the request of any person.
(d)
A solicitor permit shall be used only by the solicitor for whom it
was issued and may not be transferred to another person. A person
commits an offense if the person wears or displays a photo identification
tag issued to another person.
(e)
A person who uses a vehicle in conducting solicitation activities
shall post a sign located in a conspicuous place on or in the window
of the vehicle, identifying the name of the person, company or organization
that the person represents. If the name is an individual person, it
must be followed by the word "solicitor." The lettering on the sign
must be at least two and one-half (2-1/2) inches high. A person commits
an offense if the person violates this subsection.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
A solicitor permit issued pursuant to this article may be revoked
or suspended by the administrator, after notice and hearing, for any
of the following reasons:
(1)
Fraud, misrepresentation, or false statement contained in the application
for permitting.
(2)
Fraud, misrepresentation, or false statement made by a solicitor
in the course of conducting solicitation activities;
(4)
A judgment involving a matter described in section 18-192(10);
(5)
A violation of any of the regulations set forth in this article;
(6)
Any solicitor permit issued hereunder may be denied or revoked if
the solicitor 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 solicitor permit under the terms of this article.
(7)
Notice. If it is found that a solicitor permit should be denied or
revoked, there shall be a denial letter written or electronic report
of the reason for the denial or revocation which shall be immediately
made available to the applicant within ten business days from the
date of the denial.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
(a)
Solicitor permit. A person who is denied a permit or whose permit
is revoked or suspended by the administrator may appeal the decision
to the city manager by filing notice of appeal with the city manager
within ten (10) calendar days after the notice of the decision is
mailed to the address indicated on the application or the last known
address.
(b)
If notice is received within the ten-day period, the police chief
shall schedule a hearing with the applicant within ten business days
after the police chief receives the applicant's appeal.
(c)
The applicant will be notified of the time, date, and place of such
hearing. The hearing shall not be later than 40 days from the date
of receipt of the notice of appeal.
(d)
Notice of the time and place of the hearing shall be delivered to
the person by mail, sent to the address indicated on the application
or the last known address of the applicant.
(e)
After the hearing, the decision will be made in writing affirming
or reversing the revocation or denial by the police chief. The decision
of the police chief on the appeal is final. No other administrative
procedures are provided by the city.
(f)
In the event a revocation is upheld, the solicitor permit applicant
will return the permit to the city.
(g)
In the event of filing of an appeal from a denial or revocation issued
under the provisions of this article, then, until such appeal has
been determined such revocation order shall be stayed.
(h)
A municipal court judge, in addition to imposing a fine, may institute
proceedings to suspend or revoke the solicitor permit of a person
if the person is required by law to obtain a solicitor permit from
the city and the judge finds the person guilty of violation a city
ordinance relation to peddlers, itinerant vendors or solicitors.
(Ord. No. 1245-13, 4-16-2013; Ord. No. 1479-23 adopted 8/28/2023)
