Former Ch. 113 pertained to peddlers and solicitors and derived from Ordinance 3641, adopted 9/16/2014.
This chapter is and shall be deemed an exercise of the police powers of the state and of the city for the public safety and protection of the city and the citizens thereof, and all of the provisions of this chapter shall be constructed for the accomplishment of that purpose. It is the intent of this chapter to protect the citizens of Carrollton in their homes, and to permit all persons the use of streets, sidewalks, and public transportation free from actions that may jeopardize the unimpeded use of such areas, while at the same time, allowing both businesses, charities, and other persons to conduct constitutionally protected activities.
(Am. Ordinance 4057, § 1, adopted 2/25/2022)
For purposes of this chapter:
(1) 
Handbill
means 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 matter or literature.
(2) 
Hike and bike trail
means a trail designed, provided for or intended for the exclusive use of pedestrians, bicyclists, or both.
(3) 
Merchant
means a party to a consumer transaction other than a consumer.
(4) 
Merchant's place of business
means a merchant's main or permanent branch office, or a merchant's local address.
(5) 
Owner
means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.
(6) 
Parkway
means the area between the edge of the designated street and the adjacent owner's property line.
(7) 
Person
means any individual, group, firm, company, partnership, corporation, association, trust, society, religious sect, organization, league, or other legal entity and includes any trustee, receiver, assignee, agent, or similar representative.
(8) 
Personal commercial sales
means personal contact for the sales of goods or services by a merchant, or merchant's agent, to a consumer at a location other than the merchant's place of business.
(9) 
Sidewalk
means any surface provided or intended for the use of pedestrians.
(10) 
Solicitation or any other action form of the word solicit
means conduct whereby a person either orally or in writing, or in other manner of communication:
(a) 
Engages in the act of asking for, begging, or otherwise trying to obtain money, gifts, or other item of value, whether real or intrinsic, for said person;
(b) 
Sells or offers to sell goods, services, publications, or subscriptions;
(c) 
Engages in personal commercial sales;
(d) 
Distributes with or without remuneration goods, services, publications, subscriptions, handbills, or circulars; or
(e) 
Makes a request for signatures on a petition or opinions for a survey.
Solicitation shall be deemed completed when made, regardless of whether the person making the solicitation receives any benefit or compensation or makes a sale.
(11) 
Solicitor
means a person who engages in solicitation and shall include peddlers and hawkers.
(12) 
Street
means the portion of the street that is paved, designated, or used for vehicular traffic, and all areas dedicated to public use for public street purposes, to include parkways, alleys, and sidewalks.
(13) 
Traffic island or median
means a barrier within a street or roadway to exclude vehicles, designated for the purpose of separating or directing streams of vehicular traffic.
(Am. Ordinance 4057, § 1, adopted 2/25/2022)
This chapter shall not apply to a federal, state, or local government or public utility employee acting in the performance of their duties for their employer.
(Am. Ordinance 4057, § 1, adopted 2/25/2022)
(A) 
No person shall solicit at a private residence in the city:
Monday—Friday before 9:00 a.m. or after the earlier of sunset or 8:00 p.m., or
Saturday—Sunday before 10:00 a.m. and after the earlier of sunset or 8:00 p.m.,
unless the transaction is the result of a request made to such person by the occupant of such private residence. The term "sunset" means the time of day identified by the National Weather Service as the time for sunset for that day for the city. There shall be no solicitations on federal holidays.
(B) 
It shall be unlawful for any person to solicit in an area with heightened personal security concerns or where a reasonable individual would have a reasonable, justified concern for his or her personal security due to congestion and close proximity to others, including within 25 feet of the following facilities:
(1) 
ATM machines;
(2) 
Entrances, exits and premises of banks, credit unions, or other financial institutions;
(3) 
Exterior public pay telephones;
(4) 
Self-service car washes;
(5) 
Self-service fuel pumps;
(6) 
Public transportation stops and facilities;
(7) 
Ride share stops; or
(8) 
A public parking garage.
(C) 
It shall be unlawful for any person to:
(1) 
Block, obstruct or hinder the free flow of traffic in the lawful use of a street or alley;
(2) 
Block, obstruct or hinder the free passage of a person in the lawful use of the sidewalk, parkway, or hike and bike trail; or
(3) 
Impede access within the right-of-way that is required to be provided under the Americans with Disabilities Act of 1990, as amended.
(D) 
It shall be unlawful to solicit in an area with a heightened public safety concern, including:
(1) 
On traffic islands or medians within 150 feet of signalized intersections on arterial roadways, as that term is defined in the City of Carrollton Comprehensive Plan;
(2) 
On a public street or alley where motor vehicles are moving or momentarily stopped in traffic; or
(3) 
On traffic islands or medians within 150 feet of the following high accident locations:
(a) 
State Highway 121 and Hebron Parkway;
(b) 
Old Denton Road and Hebron Parkway;
(c) 
Josey Lane and Hebron Parkway;
(d) 
Josey Lane and Rosemeade Parkway;
(e) 
Josey Lane and Frankford Road;
(f) 
Old Denton Road and Frankford Road;
(g) 
West Frankford Road and Northbound Service Road of 1-35;
(h) 
Ramp To West Frankford Road and Northbound Service Road of Interstate 35 East;
(i) 
Northern Ramp to West Frankford Road and Southbound Service Road of North Interstate Highway 35 East;
(j) 
Southern Ramp to West Frankford Road and Southbound Service Road of North Interstate Highway 35 East;
(k) 
All service roads of President George Bush Turnpike at the Service Roads of North Interstate Highway 35 East;
(l) 
Trinity Mills Road at Rosemeade Parkway;
(m) 
Old Denton Road at Westbound Service Road of President George Bush Turnpike;
(n) 
Old Denton Road at Eastbound Service Road of President George Bush Turnpike;
(o) 
Josey Lane at Westbound Service Road of President George Bush Turnpike;
(p) 
Josey Lane at Eastbound Service Road of President George Bush Turnpike;
(q) 
At all intersections of roadways between, and including, Keller Springs Road and Valwood Parkway, where they intersect with North Interstate Highway 35 East;
(r) 
All intersections between, and including, North Josey Lane and the Northbound Service Road of Interstate Highway 35 East, where they intersect with Belt Line Road; or
(s) 
Marsh Lane and Keller Springs Road.
(E) 
It shall be unlawful to engage in personal commercial sales at any private residence or other premises exhibiting a sign in a conspicuous place at or near the main entrance to the residence or other premises that is sufficiently legible to be seen by an ordinarily observant person and contains the words "NO SOLICITORS," "NO SOLICITATION," "NO SOLICITING," or other similar language. Such signage shall not restrict non-personal commercial sales activities.
(F) 
It shall be unlawful to solicit at or in city buildings or property except as expressly allowed at an event sponsored by the city or as allowed by a special event permit.
(G) 
It shall be unlawful for a person engaged in solicitation in any manner to:
(1) 
Misrepresent the purpose of a solicitation;
(2) 
Misrepresent the affiliation of persons engaged in solicitation;
(3) 
Continue efforts to solicit from an individual once that individual informs the solicitor in any manner that the individual does not wish to give anything to, or to buy or receive anything from that solicitor;
(4) 
Remove, deface, or render illegible a card or sign placed by the occupant of a residence pursuant to this chapter;
(5) 
Enter property upon which a sign has been posted prohibiting solicitation; or
(6) 
Remain on property after the property owner, or the property owner's designee, representative or agent, has instructed the solicitor to leave.
(H) 
It shall be unlawful for any person, other than the owner of the property in compliance with other applicable law, to post, fasten, erect, or display, or cause to be posted, fastened, erected or displayed any type of handbill, sign, poster, or advertisement on or upon any structure, tree, pole, curb or elsewhere within the right-of-way of any public street, or upon any public property within the city, without the express written permission of the city.
(I) 
It shall be unlawful for any person to engage in aggressive solicitation which shall include the following forms of conduct:
(1) 
Confronting someone in a way that would cause a reasonable person to fear injury or other harm;
(2) 
Confronting an individual by approaching or speaking to the individual or individuals in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his or her person, or upon property in his or her immediate possession;
(3) 
Touching someone without his or her consent;
(4) 
Using obscene or abusive language toward someone while attempting to solicit him or her;
(5) 
Forcing oneself upon the company of another by engaging in any of the following:
(a) 
Continuing to solicit in close proximity to the individual addressed after the person to whom the solicitation is directed has made a negative response, either verbally, by physical sign, by attempting to leave the presence of the person soliciting, or by other negative indication;
(b) 
Blocking the passage of the individual solicited; or
(c) 
Otherwise engaging in conduct that could reasonably be construed as intending to compel or force a person to accede to a solicitation.
(6) 
Acting with the intent to intimidate someone into giving money or other item or service of value; or
(7) 
Other conduct that a reasonable person being solicited would regard as threatening or intimidating in order to solicit a contribution or donation.
(Am. Ordinance 4057, § 1, adopted 2/25/2022)
It is presumed that the person or business whose address or telephone number is listed in any notice, poster, paper, or device, or who is otherwise named, described, or identified in the notice, poster, paper, or device, is the person or business who committed the violation, either personally or through an agent or employee.
(Am. Ordinance 4057, § 1, adopted 2/25/2022)
Any person violating any of the provisions or terms of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine, as set forth in section 10.99 of this Code, for each offense, and each and every day such violation shall continue be deemed to constitute a separate offense. Allegation and evidence of a culpable mental state is not required for proof of any offense defined by this chapter.
(Am. Ordinance 4057, § 1, adopted 2/25/2022)