For the purpose of this division, the following terms shall
have the following meanings:
Distributor.
Any person who attempts only to distribute handbills, advertising
flyers, or printed information pertinent to political, religious,
or other community issues.
Peddler.
Any person who engages in commercial activities within the
city limits by carrying goods or merchandise and selling or offering
for sale for immediate delivery such goods or merchandise from door-to-door.
Solicitor.
Any person who solicits or attempts to solicit, from door-to-door,
funds or orders for services, commercial goods, wares, merchandise,
subscriptions, or publications to be delivered at a future date or
time.
(Ordinance 22-O-04.13-01, sec. 4.03.001,
adopted 4/13/2022)
(a) Any
person who violates or fails to comply with the provisions of any
section of this article is guilty of a class C misdemeanor and upon
conviction shall be punishable by a fine not to exceed $500.00 (five
hundred dollars).
(b) Any
peddler or solicitor who enters upon property owned, leased, or controlled
by another and willfully refuses to leave the property, after receiving
notification to leave from the owner, leaser, or person controlling
the property, shall be guilty of a misdemeanor criminal trespass and
upon conviction shall be fined as provided in the Texas Penal Code.
(Ordinance 22-O-04.13-01, sec. 4.03.002,
adopted 4/13/2022)
(a) No
peddler or solicitor may conduct activities defined in this article,
without prior invitation or appointment with the occupant of the premises,
before 9:00 a.m. and after 8:00 p.m. on any day.
(b) No
peddler or solicitor may peddle or solicit in the public street or
from medians in the streets, within the city limits, or in any way
block, obstruct, or unduly hinder passage on public streets within
the city limits.
(Ordinance 22-O-04.13-01, sec. 4.03.003,
adopted 4/13/2022)
Any peddler or solicitor who conducts or attempts to conduct
business at a place where a sign clearly indicates that solicitors
or peddlers are unwelcome is in violation of this article.
(Ordinance 22-O-04.13-01, sec. 4.03.004,
adopted 4/13/2022)
It is unlawful for a person to engage in aggressive solicitation,
which is defined as:
(1) Intentionally
or knowingly making any physical contact with or touching another
person in the course of the solicitation without the person’s
consent;
(2) Following
the person being solicited, if that conduct is:
(A) Intended to or likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person’s possession; or
(B) Intended to or reasonably likely to intimidate the person being solicited
into responding affirmatively to the solicitation;
(3) Continuing
to solicit a person within five feet of the person being solicited
after the person has made a negative response;
(4) Intentionally
or knowingly blocking the safe or free passage of the person being
solicited or requiring the person, or the driver of a vehicle, to
take evasive action to avoid physical contact with the person making
the solicitation;
(5) Using
obscene or abusive language or gestures toward the person being solicited.
(Ordinance 22-O-04.13-01, sec. 4.03.005,
adopted 4/13/2022)