Notwithstanding any other provisions of the City's Code
of Ordinances and except as permitted by state law, a person 18 years
of age or older may not solicit contributions while standing on a
traffic median, shoulder, improved shoulder, sidewalk, or the improved
portion of the roadway from occupants of any vehicle on a roadway,
street or thoroughfare unless expressly permitted by this article.
Under this article, the definition of solicitor means someone seeking
contributions or donations at an intersection, sidewalk, right-of-way,
or other improved portion of the roadway, or in an area located outside
of a business but on business property. A solicitor may solicit donations
or contributions under the following terms and conditions:
(1)
All solicitors must be 18 years of age or older;
(2)
No solicitor may block any intersection of streets, or to do
any act which impedes traffic at or near an intersection of streets;
(3)
All solicitors must enter or remain in a roadway, street or
thoroughfare only while the controlling traffic signal prohibits vehicular
movement;
(4)
All solicitors must remain within 100 feet of or from the intersection
approved under a permit issued by the city;
(5)
No person may solicit without the required insurance coverage as outlined in section 14.07.004 of this article;
(6)
All solicitors must wear a City approved florescent orange or
yellow vest at all times while soliciting;
(7)
Other than a city employee or official, no person may solicit
until a permit is issued from the City per the terms of this article.
All permitted solicitors must carry the permit on their person and
must produce it if requested by a city officer or employee.
(Ordinance 526 adopted 1/23/2024)
Prior to the issuance of a permit, applicant must obtain approval
from the City of all signs and vests to be used by the solicitors.
All signs must be removed from each intersection or property at the
end of each day of the permit period. Signs shall not block or impede
vehicular or pedestrian traffic, nor otherwise violate any federal,
state or local law.
(Ordinance 526 adopted 1/23/2024)
(a)
Each person or organization, whose application meets the requirements
of this article, may be issued one permit per calendar year at no
charge, for no more than two specified days. Each permit shall allow
solicitation only between the hours of 9:00 a.m. and one hour before
sunset, as determined by the official newspaper or a paper of general
circulation in the city.
(b)
Only one permit will be issued for an intersection or property
location on any given day. Permits will be issued on a first come
basis to those applicants who submit a completed application form,
and production of required certificate of insurance and approval by
the City of the signs and vests to be used by the solicitors.
(c)
The application for a solicitation permit shall state the name,
mailing address and telephone number of the person or organization
registering to solicit and the location(s) and times the solicitation
will take place.
(d)
Permit applications must be accompanied by a certificate of insurance as outlined in section 14.07.004 of this Article.
(e)
The city manager or his or her designee shall review the application
and issue a permit to a person or organization whose application meets
the requirements of this section.
(Ordinance 526 adopted 1/23/2024)
The certificate of insurance must be signed by an agent authorized
to bind coverage and indicate that the applicant has obtained, at
his or her sole expense, the following insurance coverage that:
(1)
Is written by an insurance company with an A- or better rating
by AM Best and that is admitted or approved to do business in the
State of Texas;
(2)
Is in full force and effect for the duration of the permit period;
(3)
Provides $1,000,000.00 of liability coverage per occurrence
with no deductible;
(4)
Insures the applicant and all persons who will be soliciting;
(5)
Names the City of Bee Cave, its officers, agents, employees
and elected representatives as an additional insured;
(6)
Provides that any insurance maintained by the City shall apply
in excess of and not contribute with it;
(7)
Is written on an occurrence basis; and
(8)
Is otherwise acceptable to and approved by the City of Bee Cave.
(Ordinance 526 adopted 1/23/2024)
(a)
It shall be unlawful for any person:
(1)
To engage in activity described in this article without first
obtaining a permit pursuant to the provisions of this article;
(2)
To block any intersection of streets, or to do any act which
impedes traffic at or near an intersection of streets;
(3)
To enter or remain in a roadway, street or thoroughfare when
the controlling traffic signal allows vehicular movement; or
(4)
To violate any other provision of this article.
(Ordinance 526 adopted 1/23/2024)
Any person who violates any provision of this Article shall
be guilty of a misdemeanor and upon conviction, shall be subject to
a fine not to exceed five hundred dollars ($500.00). A culpable mental
state is not required, and need not be proved, for an offense under
this Article.
(Ordinance 526 adopted 1/23/2024)
